People v. Garrison

412 N.E.2d 483, 82 Ill. 2d 444
Illinois Supreme Court·Decided September 29, 1980·No. 52750·Published·Cited by 67 cases

Opinion

82 Ill.2d 444 (1980)
412 N.E.2d 483

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant,
v.
GARY "MIKE" GARRISON, Appellee.

No. 52750.

Supreme Court of Illinois.

Opinion filed September 29, 1980.
Rehearing denied November 26, 1980.

*445 *446 William J. Scott, Attorney General, of Springfield, and Frank B. Schweitzer, Special Prosecutor, of Taylorville (Donald B. Mackay, Melbourne A. Noel, Jr., and David Cassorla, Assistant Attorneys General, of Chicago, of counsel), for the People.

James B. Wham, of Wham & Wham, of Centralia, for appellee.

Reversed and remanded.

MR. JUSTICE UNDERWOOD delivered the opinion of the court:

The circuit court of Marion County declared unconstitutional sections 11-9(a)(3) and 11-9(b) of the Criminal Code of 1961 (Ill. Rev. Stat. 1977, ch. 38, pars. 11-9(a)(3), 11-9(b)). The State has appealed directly here pursuant to our Rule 302(a)(1) (73 Ill.2d R. 302(a)(1)). We reverse.

The defendant, Gary "Mike" Garrison, was charged by information with "knowingly, at a public place, while standing behind a storm door, expose[ing] his sex organ in a lewd manner" to the prosecutrix "with the intent to arouse his sexual desires" in violation of section 11-9(a)(3) of the Criminal Code of 1961 (Ill. Rev. Stat. 1977, ch. 38, par. 11-9(a)(3)). Section 11-9 provides:

"Public Indecency. (a) Any person of the age of 17 years and upwards who performs any of the following acts in a public place commits a public indecency:
(1) An act of sexual intercourse; or
(2) An act of deviate sexual conduct; or
*447 (3) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person; or
(4) A lewd fondling or caress of the body of another person of either sex.
(b) `Public place' for purposes of this Section means any place where the conduct may reasonably be excepted to be viewed by others.
(c) Sentence.
Public indecency is a Class A misdemeanor."

Defendant moved to dismiss the information on the ground that sections 11-9(a)(3) and 11-9(b) violated the first, third, fourth, fifth, sixth, ninth and fourteenth amendments to the United States Constitution, and he reiterates those arguments here. The remarks of the trial judge at the hearing suggest that he relied on only one of the arguments, but he signed an order drafted by the defendant which incorporated by reference all the contentions raised in the motion to dismiss.

For purposes of analysis, the defendant's contentions fall into four main categories. He argues: (1) that the statute applied in this case violates his privacy rights; (2) that the statute is overbroad and therefore unconstitutional on its face; (3) that it is so vague that it violates constitutional guarantees of due process; and (4) that a comparison of sections 11-9 and 11-20 of the Criminal Code of 1961 (Ill. Rev. Stat. 1977, ch. 38, pars. 11-9, 11-20) reveals a legislative classification not reasonably related to a legitimate governmental purpose, thus denying him equal protection of the laws.

Defendant's argument that this prosecution violates his privacy rights rests upon the decision of the United States Supreme Court in Stanley v. Georgia (1969), 394 U.S. 557, 22 L.Ed.2d 542, 89 S.Ct. 1243. In Stanley, the defendant had been convicted of possessing obscene material in violation of Georgia law. The material was discovered when State agents searched Stanley's home pursuant *448 to a search warrant authorizing them to search for equipment, records, and other material used in or derived from an illegal wagering business. The Supreme Court reversed the conviction, holding that "the First and Fourteenth Amendments prohibit making mere private possession of obscene material a crime." (Stanley v. Georgia (1969), 394 U.S. 557, 568, 22 L.Ed.2d 542, 551, 89 S.Ct. 1243, 1249.) The opinion of the court emphasized the right of the individual to read or view whatever books or films he pleases in the privacy of his own home. In a subsequent case, United States v. Reidel (1971), 402 U.S. 351, 28 L.Ed.2d 813, 91 S.Ct. 1410, however, the Supreme Court limited Stanley to factual situations which do not involve actions outside the home. The decision in Reidel upheld the validity of a Federal statute which made criminal the mailing of obscene material even though the recipients were adults who had requested the mailing and who, under Stanley, were entitled to view the materials privately in their own homes.

Applying the principles of Stanley and Reidel to the facts of this case, we conclude that this prosecution does not unconstitutionally invade the defendant's right to privacy. The information charged the defendant with exposing himself by standing at a storm door at 404 Melrose in Centralia. The oral argument in the trial court and the briefs in this court indicate that the Melrose address is the defendant's residence. Although the action with which defendant is charged thus took place within the confines of his home, its essential characteristic for the purpose of our consideration is that the defendant "knowingly" made it visible to the prosecutrix outside his house. Under the circumstances alleged in the information, Stanley does not preclude the prosecution of the defendant.

The argument that the statute is overbroad rests on the premise that the statute may allow criminal prosecution in some situations in which the activities of a hypothetical *449 defendant fall within areas protected by the right of privacy and the first amendment right of expression. In regard to the privacy argument, we need not decide whether that premise is accurate; the overbreadth doctrine does not apply to privacy rights. Lovisi v. Slayton (E.D. Va. 1973), 363 F. Supp. 620, 627-29, aff'd (4th Cir.1976) (en banc), 539 F.2d 349, cert. denied (1976), 429 U.S. 977, 50 L.Ed.2d 585, 97 S.Ct. 485; Harris v. United States (D.C. App. (1974)) (en banc), 315 A.2d 569, 575; Pedersen v. City of Richmond (1979), 219 Va. 1061, 1066, 254 S.E.2d 95, 99.

As a general rule a defendant may not avoid his prosecution because a similar prosecution of other individuals under the same statute might violate their constitutional rights. (Burch v. Louisiana (1979), 441 U.S. 130, 60 L.Ed.2d 96, 99 S.Ct. 1623; Bates v. State Bar (1977), 433 U.S. 350, 53 L.Ed.2d 810, 97 S.Ct. 2691; Broadrick v. Oklahoma (1973), 413 U.S. 601, 37 L.Ed.2d 830, 93 S.Ct. 2908; McGowan v. Maryland (1961), 366 U.S. 420, 6 L.Ed.2d 393, 81 S.Ct. 1101; People v. Bombacino (1972), 51 Ill.2d 17; City of Chicago v. Lawrence (1969), 42 Ill.2d 461, cert. denied (1969), 396 U.S. 39, 24 L.Ed.2d 208, 90 S.Ct. 263; People v. Reiner (1955),

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Garrison, 412 N.E.2d 483, 82 Ill. 2d 444 (Ill. 1980).

412 N.E.2d 483 (People v. Garrison) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State of Minnesota v. Eloisa Rubi Plancarte
Court of Appeals of Minnesota, 2024
People v. Burns
2015 IL 117387 (Illinois Supreme Court, 2015)
People v. Howard
909 N.E.2d 724 (Illinois Supreme Court, 2009)
People v. Spurlock
903 N.E.2d 874 (Appellate Court of Illinois, 2009)
People v. Howard
Appellate Court of Illinois, 2007
People v. Jackson Opinion corrected 8/9/05
Appellate Court of Illinois, 2005
People v. Smith
Appellate Court of Illinois, 2004
People v. M.T.
804 N.E.2d 1075 (Appellate Court of Illinois, 2004)
In Re MT
804 N.E.2d 1075 (Appellate Court of Illinois, 2004)
People v. Alexander
Illinois Supreme Court, 2003
People v. Taher
769 N.E.2d 1021 (Appellate Court of Illinois, 2002)
Hearne v. Chicago School Reform Board of Trustees of the Board of Education
749 N.E.2d 411 (Appellate Court of Illinois, 2001)
City of Chicago v. Powell
735 N.E.2d 119 (Appellate Court of Illinois, 2000)
People v. Kershner
684 N.E.2d 1049 (Appellate Court of Illinois, 1997)
People v. Warren
Illinois Supreme Court, 1996
Szpila v. Burke
665 N.E.2d 357 (Appellate Court of Illinois, 1996)
City of Chicago v. Youkhana
277 Ill. App. 3d 101 (Appellate Court of Illinois, 1995)
People v. Bailey
657 N.E.2d 953 (Illinois Supreme Court, 1995)
People v. Russell
630 N.E.2d 794 (Illinois Supreme Court, 1994)