People v. Parker

526 N.E.2d 135, 123 Ill. 2d 204, 121 Ill. Dec. 941, 1988 Ill. LEXIS 96
CourtIllinois Supreme Court
DecidedJune 20, 1988
Docket65036
StatusPublished
Cited by64 cases

This text of 526 N.E.2d 135 (People v. Parker) 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. Parker, 526 N.E.2d 135, 123 Ill. 2d 204, 121 Ill. Dec. 941, 1988 Ill. LEXIS 96 (Ill. 1988).

Opinions

JUSTICE MILLER

delivered the opinion of the court:

Following a bench trial in the circuit court of Peoria County, the defendant, Donald Parker, was convicted of the offense of sexual relations within families. The trial judge imposed a $1,000 fine and sentenced the defendant to 30 months’ probation conditioned upon his serving a one-year term of periodic imprisonment. The appellate court reversed the defendant’s conviction (152 Ill. App. 3d 732), and we allowed the State’s petition for leave to appeal (107 Ill. 2d R. 315(a)).

At the trial, the defendant’s stepson, who was 18 years old at the time of the offense, testified that on December 31, 1985, he twice performed oral sex on the defendant, once in the early evening and once at approximately midnight. He further testified that such behavior had been going on since he was in fifth or sixth grade. A police officer also testified that on January 3, 1986, in response to questioning, the defendant admitted that his stepson had performed oral sex on him. The victim’s mother testified that she married the defendant on July 19, 1976, and that the defendant had never adopted the victim.

The appellate court found that the statute under which the defendant was convicted (Sexual Relations Within Families, section 11—11 of the Criminal Code of 1961 (Ill. Rev. Stat. 1985, ch. 38, par. 11—11)) was ambiguous. The court stated that criminal statutes must be strictly construed in favor of a defendant and reversed the defendant’s conviction because it believed that any interpretation of the statute, as enacted, required the court to speculate as to the statute’s meaning. 152 Ill. App. 3d at 735.

The statute in effect at the time of the defendant’s trial provided:

“Sexual Relations Within Families, (a) A person commits sexual relations within families if he or she:
(1) Commits an act of sexual penetration as defined in Section 12 — 12 of this Code; and
(2) The person knows that he or she is related to the other person as follows: (i) Brother or sister, either of the whole blood or the half blood; or (ii) Father or mother, when the child or stepchild, regardless of legitimacy and either of the whole blood or half-blood or by adoption, was 18 years of age or over when the act was committed.
(b) Sentence. Sexual relations within families is a Class 3 felony.” Ill. Rev. Stat. 1985, ch. 38, par. 11 — 11.

The State argues that the appellate court improperly held that the statute does not apply to a stepparent-stepchild relationship. The State contends that the language of the statute is clear, and that the legislature intended in section 11 — 11 to cover all parent-child and stepparent-stepchild relationships where the child or stepchild is over 18 years old.

The defendant argues that the State failed to prove him guilty beyond a reasonable doubt of the offense of sexual relations within families because the statute does not prohibit such conduct between a stepparent and stepchild over the age of 17. The defendant contends that the language of the statute is ambiguous and that because penal statutes must be strictly construed in favor of defendants, the appellate court correctly held that the statute was not applicable to him. The defendant further argues that the legislature did not intend to include the stepparent-stepchild relationship under the statute and that the subsequent amendment of the statute created a change in law, indicating that at the time of his conviction, the statute did not embrace the stepparent-stepchild relationship.

Section 11 — 11 in effect at the time of the trial punished conduct which was not previously punished under an earlier version (Ill. Rev. Stat. 1981, ch. 38, par. 11—11). Before being amended in 1984 (Pub. Acts 83—1067, 83—1117), section 11 — 11 only prohibited sexual conduct between a brother and sister without reference to age. By amending section 11 — 11 in 1984 to punish not only sexual conduct between brothers and sisters but also sexual conduct between persons who know they are the parent or stepparent of another person who is over 18 years of age, the legislature created a new offense: sexual relations within families. (Ill. Rev. Stat. 1985, ch. 38, par. 11—11.) Sexual conduct between any person and their “daughter” or “step-daughter” or “son” or “stepson” was previously punished only if the child was under the age of 18. Ill. Rev. Stat. 1981, ch. 38, par. 11—10.

Pointing to the 1984 acts which amended section lili, the defendant argues that the legislature did not intend to include stepparent-stepchild relationships within the purview of the statute. The 1984 amendments (Pub. Acts 83—1067, 83—1117) created not only the offense of sexual relations within families (Ill. Rev. Stat. 1985, ch. 38, par. 11—11), but also created the offenses of criminal sexual assault, aggravated criminal sexual assault, criminal sexual abuse, and aggravated criminal sexual abuse. (Ill. Rev. Stat. 1985, ch. 38, pars. 12—13 through 12—16.) The term “family member” was broadly defined for purposes of these four offenses and includes in the definition the words “step-grandparent” and “step-parent,” along with “step-child.” (Ill. Rev. Stat. 1985, ch. 38, par. 12—12(c).) The defendant argues that because the legislature limited this definition to sections 12—12 through 12 — 18 of the Criminal Code of 1961 (Ill. Rev. Stat. 1985, ch. 38, pars. 12—12 through 12—18), the legislature intended to exclude the stepparent-stepchild relationship from the offense of sexual relations within families.

The fundamental principle of statutory construction is to give effect to the intent of the legislature. (People v. Haywood (1987), 118 Ill. 2d 263, 271; People v. Richardson (1984), 104 Ill. 2d 8, 15.) In determining legislative intent, the court should consider not only the language of the statute, but also the “reason and necessity for the law, the evils to be remedied, and the objects and purposes to be obtained.” (Haywood, 118 Ill. 2d at 271 (quoting People v. Steppan (1985), 105 Ill. 2d 310, 316).) We find it significant that the legislature, in amending section 11—11, rewrote the statute to protect both a “child” or a “stepchild” over the age of 18 from an act of sexual penetration by a “person [who] knows that he or she is related to the other person as follows: *** child or stepchild.” (Ill. Rev. Stat. 1985, ch. 38, par. 11—11(a)(2).) The words “father or mother” are a partial description of persons who know they are related to their children or stepchildren. Although not enunciated in the statute in effect at the time of the defendant’s trial, stepparents are clearly within the group of persons covered by the statute if they know that the victim is their stepchild. As former section 11—11 applied only to a brother-sister relationship (Ill. Rev. Stat. 1981, ch. 38, par. 11—11) and the former aggravated incest statute applied only to children and stepchildren under 18 years of age (Ill. Rev. Stat. 1981, ch. 38, par. 11—10), the legislature, in creating the offense of sexual relations within families, obviously intended to punish not only sexual conduct among family members under the age of 18 (prohibited under section 12—13 (Ill. Rev. Stat. 1985, ch. 38, par. 12—13)), but also family members who engage in sexual conduct with their children or stepchildren over the age of 18.

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Cite This Page — Counsel Stack

Bluebook (online)
526 N.E.2d 135, 123 Ill. 2d 204, 121 Ill. Dec. 941, 1988 Ill. LEXIS 96, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-parker-ill-1988.