People v. Fabing

570 N.E.2d 329, 143 Ill. 2d 48, 155 Ill. Dec. 816, 1991 Ill. LEXIS 17
CourtIllinois Supreme Court
DecidedMarch 21, 1991
Docket70082
StatusPublished
Cited by41 cases

This text of 570 N.E.2d 329 (People v. Fabing) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Fabing, 570 N.E.2d 329, 143 Ill. 2d 48, 155 Ill. Dec. 816, 1991 Ill. LEXIS 17 (Ill. 1991).

Opinion

JUSTICE CLARK

delivered the opinion of the court:

The issue presented in this case is whether the Illinois Dangerous Animals Act (the Act) (Ill. Rev. Stat. 1987, ch. 8, par. 240 et seq.) is unconstitutionally vague because it does not define the term “life-threatening reptile.” We find that the Act is not vague on its face, and that as applied to defendant, the Act is sufficiently clear that a person of ordinary intelligence would conclude that possession of three of defendant’s reptiles was prohibited. However, we find that the Act is unconstitutionally vague as applied to defendant’s possession of a fourth reptile.

Defendant, Thomas Fabing, was charged with four counts of violating the Act, in that he unlawfully possessed four life-threatening reptiles: a four-foot alligator, a seven-foot boa constrictor, and two Burmese pythons each approximately 15 to 20 feet in length. After a trial in the circuit court of Cook County, defendant was convicted on aB four counts, and fined a total of $100. Pursuant to defendant’s appeal, the appellate court held that the Act is unconstitutionally vague on its face and therefore reversed defendant’s convictions. (196 Ill. App. 3d 495.) We granted the State’s petition for leave to appeal (107 IB. 2d R. 317).

The Act prohibits ownership or possession of dangerous animals. (Ill. Rev. Stat. 1987, ch. 8, par. 241.) As amended, the Act defines a dangerous animal as “a lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi, bear, hyena, wolf or coyote, or any poisonous or life-threatening reptile.” (Emphasis added.) (Ill. Rev. Stat. 1987, ch. 8, par. 240.) Prior to 1986, the only reptiles prohibited under the Act were poisonous reptiles. By amending the Act to include the term ‘ ‘life-threatening, ’ ’ the legislature clearly intended to prohibit ownership of reptiles which, although not poisonous, are nonetheless life-threatening. Because the Act does not define ‘ ‘life-threatening, ’ ’ defendant argues that persons of common intelligence are unable to determine which animals are prohibited. Therefore, defendant argues the Act is unconstitutionally vague on its face and as applied to defendant.

Due process requires that a statute must not be “so vague that men of common intelligence must necessarily guess at its meaning or application. (Smith v. Goguen (1974), 415 U.S. 566, 39 L. Ed. 2d 605, 94 S. Ct. 1242; Grayned v. City of Rockford (1972), 408 U.S. 104, 33 L. Ed. 2d 222, 92 S. Ct. 2294; Connally v. General Construction Co. (1926), 269 U.S. 385, 70 L. Ed. 322, 46 S. Ct. 126; People v. Palkes (1972), 52 Ill. 2d 472.)” (People v. Garrison (1980), 82 Ill. 2d 444, 453.) In addition, “the statute must provide sufficiently definite standards for law-enforcement officers and triers of fact that its application does not depend merely on their private conceptions. (Grayned v. City of Rockford (1972), 408 U.S. 104, 33 L. Ed. 2d 222, 92 S. Ct. 2294; Interstate Circuit, Inc. v. City of Dallas (1968), 390 U.S. 676, 20 L. Ed. 2d 225, 88 S. Ct. 1298; Giaccio v. Pennsylvania (1966), 382 U.S. 399, 15 L. Ed. 2d 447, 86 S. Ct. 518; People v. Pembrock (1976), 62 Ill. 2d 317.)” (Garrison, 82 Ill. 2d at 453.) To satisfy the requirements of due process, a statute’s prohibitions must be sufficiently definite when measured by common understanding and practices. (People v. Wawczak (1985), 109 Ill. 2d 244, 249.) However, as we are “[cjondemned to the use of words, we can never expect mathematical certainty from our language.” Grayned v. City of Rockford (1972), 408 U.S. 104, 110, 33 L. Ed. 2d 222, 228-29, 92 S. Ct. 2294, 2300.

We note that all statutes are presumed to be constitutional (People v. Schwartz (1976), 64 Ill. 2d 275, 281), and the party challenging the statute has the burden of clearly establishing its constitutional infirmity (People v. Bales (1985), 108 Ill. 2d 182, 188). In considering a vagueness challenge to a statute,, absent a contrary legislative intent, a court will assume “the words used in a statute have their ordinary and popularly understood meanings. (People v. Schwartz (1976), 64 Ill. 2d 275, 280; Farrand Coal Co. v. Halpin (1957), 10 Ill. 2d 507, 510.) In addition to the language used, consideration [will] also [be] given to the legislative objective and the evil the statute is designed to remedy. (People v. Dednam (1973), 55 Ill. 2d 565, 568.)” (People v. La Pointe (1981), 88 Ill. 2d 482, 499.) Whenever possible, each word or phrase in a challenged statute will be given some reasonable meaning.

With the above principles in mind, we now consider defendant’s argument that the Act is unconstitutionally vague because it does not provide any criteria for determining which reptiles are life-threatening. We note that except in the case of nonpoisonous reptiles, species is the sole criterion for determining whether possession of an animal is prohibited under the Act. Further, that determination is made without regard to the individual characteristics of the particular animal.

However, in the case of nonpoisonous reptiles, some criteria other than species must be applied to determine if an animal is within the scope of the Act’s proscription. For example, because species is not the sole criterion, a finding that defendant’s boa constrictor is life-threatening does not require a finding that all boa constrictors are life-threatening. Unfortunately, the Act does not provide the criteria with which to determine whether a particular reptile is life-threatening, nor does it authorize an administrative agency to promulgate regulations on the subject. In this sense, the Act is somewhat ambiguous.

However, we do not believe the ambiguity is of such magnitude that it renders the Act unconstitutional on its face. A statute is unconstitutionally vague on its face only if it provides no standard of conduct at all. (People v. Haywood (1987), 118 Ill. 2d 263, 270.) That is, the ambiguity is so pervasive that the statute is “incapable of any valid application.” (Steffel v. Thompson (1974), 415 U.S. 452, 474, 39 L. Ed. 2d 505, 523, 94 S. Ct. 1209, 1223.) The Act clearly indicates that the legislature intended to prohibit ownership of those reptiles which, although not poisonous, are nonetheless life-threatening. We believe the term “life-threatening” is commonly understood to mean that which might possibly attack humans, and which is reasonably capable of killing humans in the event of such an attack. While the use of this term in the Act may cause confusion in some circumstances, the term is sufficiently clear to establish a standard of conduct. For example, defendant’s expert testified that an alligator over eight feet long, and a constricting snake over 15 feet long could be considered life-threatening to adults.

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Bluebook (online)
570 N.E.2d 329, 143 Ill. 2d 48, 155 Ill. Dec. 816, 1991 Ill. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fabing-ill-1991.