People v. M.T.

852 N.E.2d 792, 221 Ill. 2d 517, 304 Ill. Dec. 336, 2006 Ill. LEXIS 1093
CourtIllinois Supreme Court
DecidedJune 22, 2006
Docket99310 Rel
StatusPublished
Cited by63 cases

This text of 852 N.E.2d 792 (People v. M.T.) 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. M.T., 852 N.E.2d 792, 221 Ill. 2d 517, 304 Ill. Dec. 336, 2006 Ill. LEXIS 1093 (Ill. 2006).

Opinion

JUSTICE KILBRIDE

delivered the judgment of the court, with opinion.

Chief Justice Thomas and Justices Freeman, McMorrow, Fitzgerald, Garman, and Karmeier concurred in the judgment and opinion.

OPINION

In this case, the minor respondent was adjudicated delinquent following a judicial determination that he had violated the indecent solicitation of an adult statute (statute or solicitation statute) (720 ILCS 5/11 — 6.5(a) (West 2000)). The appellate court held that the statute violated the proportionate penalties clause of our state constitution (Ill. Const. 1970, art. I, § 11) based on its use of cross-comparison analysis and found the entire statute unconstitutional. The State appealed, and respondent cross-appealed. We reverse the appellate court’s judgment because we no longer apply cross-comparison analysis in proportionate penalties cases. We agree with the appellate court that the statute applies equally to adult and juvenile offenders and that the statute does not violate due process principles. We also hold that respondent has standing to raise the due process challenge.

I. BACKGROUND

Respondent, 16-year-old M.T., was adjudicated delinquent because he was found to have violated the solicitation statute. On March 16, 2001, while at school, respondent asked 16-year-old A.T. whether he wanted to receive oral sex, and A.T. responded affirmatively. A.T. followed respondent’s instructions to go to the high school science room. Respondent told A.D., another minor, to “go tell that b*** to go down to [the science] room.” A.D. believed respondent was referring to an 18-year-old junior named E.J. 1 A.D. relayed respondent’s message to E.J., who went to the science room. A.T. testified that respondent and E.J. were in the science room when he entered. E.J. testified that after A.T. entered the room, respondent told her to perform oral sex on A.T., and she complied because she was afraid respondent would physically harm her if she refused. Respondent denied all of the allegations against him, but was nonetheless found to have violated the statute and was adjudicated delinquent. He was made a ward of the state and sentenced as a juvenile to 18 months’ probation, seven days in the Juvenile Detention Center, with credit for time served, 23 additional days in custody with a stay of the mittimus, and registration and evaluation as a sex offender.

Respondent appealed, arguing that the solicitation statute did not apply to juveniles and that it violated both the due process clauses of the federal and state constitutions (U.S. Const., amend. XIV; Ill. Const. 1970, art. I, § 2) and the proportionate penalties clause of the Illinois Constitution (Ill. Const. 1970, art. I, § 11). The appellate court held that the statute applied to juveniles, was not unconstitutionally vague as it applied to respondent, and that respondent lacked standing to raise his facial constitutional claims. In re M.T., 346 Ill. App. 3d 83 (2004). Respondent filed a petition for leave to appeal in this court.

We initially denied respondent’s petition, but issued a supervisory order directing the appellate court to vacate its judgment and consider his due process and proportionate penalties challenges on the merits. In re M.T., 209 Ill. 2d 581 (2004) (supervisory order). The appellate court subsequently filed an opinion reiterating its original beliefs that the solicitation statute applied to juveniles and that respondent lacked standing to make his due process and proportionate penalties arguments. Following our instructions to review the latter arguments on the merits, the appellate court also held that the statute did not violate due process principles, but that it did violate the proportionate penalties clause in such a pervasive manner that the entire statute was rendered unconstitutional. 352 Ill. App. 3d 131. This court allowed the State’s petition for leave to appeal as a matter of right. 177 Ill. 2d R. 315. Respondent cross-appealed.

II. ANALYSIS

The State first asserts that the minor respondent lacks standing to challenge the constitutionality of the solicitation statute since its sentencing provisions were inapplicable to him. The State also argues that the appellate court erred by concluding that the statute violates the proportionate penalties clause. In respondent’s brief, he maintains that he has standing to raise his constitutional claims and that the statute violates the proportionate penalties clause both when the issue is analyzed under our prior cross-comparison analysis, previously used for comparing different offenses with similar purposes, and when it is reviewed by considering the severity of the penalties for offenses containing identical elements, relying in part on People v. Graves, 207 Ill. 2d 478 (2003).

In respondent’s cross-appeal, he reiterates the latter proportionate penalties arguments, as well as raising two other issues: (1) whether the indecent solicitation of an adult statute (720 ILCS 5/11 — 6.5 (West 2000)) may be properly applied to juvenile offenders; and (2) whether the statute is a facial violation of the due process clause of the United States and the Illinois constitutions (U.S. Const., amend. XIV; Ill. Const. 1970, art. I, § 2). Respondent’s latter contention is comprised of two discrete arguments. In these arguments, he contends the statute: (1) improperly turns misdemeanor conduct into a felony; and (2) does not contain the requirement of a culpable mental state or criminal purpose, thus potentially criminalizing innocent conduct. We first address the applicability of the statute to juvenile offenders because it presents an issue of statutory construction not implicating constitutional considerations that need not be addressed if the appeal may be resolved on other grounds. See People v. Lee, 214 Ill. 2d 476, 482 (2005).

A. Application of the Solicitation Statute to Juvenile Offenders

Respondent contends that the indecent solicitation of an adult statute does not apply to juveniles because the legislature intended to protect minors by criminalizing the acts of adults who “arrange” sexual penetration or sexual conduct between adults and children. In support, respondent cites brief portions of the record in the state General Assembly indicating that the original impetus for the bill was the difficulty a State’s Attorney experienced in prosecuting an adult who had lured juveniles into sexual encounters with other adults. From this, respondent generalizes that the statute was not intended to apply to juveniles who arrange similar contacts, relying on In re Detention of Lieberman, 201 Ill. 2d 300, 307 (2002), for his approach to statutory interpretation. As an issue of statutory construction, respondent’s argument is subject to de novo review. In re B.L.S., 202 Ill. 2d 510, 514 (2002).

In Lieberman, this court reiterated our long-standing principle that the primary objective of a reviewing court is to determine and effectuate the intent of the legislature, subordinating all other rules of construction. Lieberman, 201 Ill. 2d at 307.

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

Related

People v. Gordon
2025 IL App (5th) 240359-U (Appellate Court of Illinois, 2025)
People v. Smith
2025 IL App (5th) 230656 (Appellate Court of Illinois, 2025)
Shehadeh v. City of Taylorville
2024 IL App (5th) 220824-U (Appellate Court of Illinois, 2024)
Weiland v. Department of Employment Security
2023 IL App (3d) 210563-U (Appellate Court of Illinois, 2023)
2095 Stonington, LLC v. Village of Hoffman Estates
2022 IL App (1st) 201026-U (Appellate Court of Illinois, 2022)
Bank of America, N.A. v. Schroeder
2021 IL App (3d) 200339 (Appellate Court of Illinois, 2021)
Walker v. Chasteen
2021 IL 126086 (Illinois Supreme Court, 2021)
Labell v. City of Chicago
2019 IL App (1st) 181379 (Appellate Court of Illinois, 2020)
Burns v. Municipal Officers Electoral Board
2020 IL 125714 (Illinois Supreme Court, 2020)
Labell v. The City of Chicago
2019 IL App (1st) 181379 (Appellate Court of Illinois, 2019)
Oswald v. Hamer
2018 IL 122203 (Illinois Supreme Court, 2019)
People v. LaPointe
2018 IL App (2d) 160432 (Appellate Court of Illinois, 2018)
In re Jawan S.
2018 IL App (1st) 172955 (Appellate Court of Illinois, 2018)
In re Dave L.
2017 IL App (1st) 170152 (Appellate Court of Illinois, 2017)
People v. Brown
2017 IL App (1st) 150146 (Appellate Court of Illinois, 2017)
Gatz v. Brown
2017 IL App (1st) 160579 (Appellate Court of Illinois, 2017)
People v. Burns
2015 IL 117387 (Illinois Supreme Court, 2015)
Accel Entertainment Gaming, LLC v. Village of Elmwood Park
2015 IL App (1st) 143822 (Appellate Court of Illinois, 2015)
People v. Johnson
2015 IL App (1st) 133663 (Appellate Court of Illinois, 2015)
In re Deshawn G.
2015 IL App (1st) 143316 (Appellate Court of Illinois, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
852 N.E.2d 792, 221 Ill. 2d 517, 304 Ill. Dec. 336, 2006 Ill. LEXIS 1093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mt-ill-2006.