People v. Boyce
2015 IL 117108
Ill.2015Background
- Boyce, an inmate serving a natural-life sentence for a prior murder, mailed letters soliciting murder.
- Prison officials intercepted the letters; he was charged with solicitation of murder and attempted solicitation of murder.
- Two counts alleged a 'request' theory: (I) solicitation of murder by requesting an unidentified person to commit murder; (II) attempted solicitation by mailing a request to a named individual to commit murder.
- A motion to dismiss the solicitation count was denied; trial proceeded on the attempted solicitation charge only after nol-pros on solicitation.
- Boyce was convicted of attempted solicitation of murder; appellate court affirmed; the State’s appeal followed.
- The issue centered on whether Illinois recognizes an offense of attempted solicitation when the solicitation letter never reaches the recipient.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does unreceived solicitation defeat the offense of solicitation? | Boyce contends unreceived letters cannot complete solicitation. | State contends attempted solicitation exists; general attempt applies when solicitation is not completed. | Statutes are ambiguous; attempted solicitation exists and supports conviction. |
| Should the general attempt statute apply to solicitation when explicit 'attempt' language is not in the offense? | Argues no inherent applicability; the offense is either solicitation or none. | General attempt should apply to solicitation absent inherent impossibility. | General attempt applies; no inherent impossibility present. |
| Is there a valid offense of attempted solicitation of murder in Illinois under these facts? | Letters sent but not received could still constitute attempted solicitation under MPC guidance. | The offense should not exist absent explicit statutory language or MPC adoption. | Illinois recognizes an offense of attempted solicitation of murder; defendant properly convicted. |
Key Cases Cited
- People v. Morgan, 203 Ill. 2d 470 (2003) (general attempt applies unless inherent impossibility)
- People v. Harding, 401 Ill. App. 3d 482 (2010) (accepts applicability of general attempt where specific offense lacks explicit attempt language)