People v. Fiveash
2014 IL App (1st) 123262
Ill. App. Ct.2014Background
- Defendant David Fiveash (born Oct. 10, 1988) was indicted in 2012 at age 23 for sexual offenses alleged to have occurred between Jan. 1, 2003 and Jan. 1, 2004 (when he was 14–15).
- Defendant moved to dismiss for lack of jurisdiction under section 114-1(a)(6), arguing the Juvenile Court Act §5-120 gives juvenile court exclusive jurisdiction over crimes committed before a person’s 17th birthday.
- The trial court dismissed the indictment, reasoning the indictment covered time when defendant was 14 and therefore fell within the juvenile-exclusive provision and could not be prosecuted in criminal court.
- The State appealed, arguing §5-120 does not bar criminal prosecution of an adult (over 21) for offenses committed when under 17.
- The appellate court reversed: applying the Act’s definitions, a “minor” is a person under 21 subject to the Act; §5-120’s prohibition therefore applies to persons who are minors (i.e., under 21) at the time of prosecution and does not bar criminal prosecution of adults charged for offenses committed when they were under 17.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Fiveash) | Held |
|---|---|---|---|
| Whether 705 ILCS 405/5-120 bars criminal prosecution of an adult charged for offenses committed when under 17 | §5-120 does not prohibit prosecuting an adult (over 21) for offenses committed before age 17; the statute’s language refers to "minor" at time of prosecution | §5-120 gives juvenile court exclusive jurisdiction over any person who committed offenses before age 17, so the indictment must be dismissed | Reversed trial court; §5-120 does not bar criminal prosecution of an adult charged for crimes committed when under 17; remanded for further proceedings |
Key Cases Cited
- In re Luis R., 388 Ill. App. 3d 730 (Ill. App. 2009) (appellate discussion whether juvenile proceedings may be instituted against an adult for offenses committed before 17; treated as persuasive on statutory reading)
- People v. Luis R., 239 Ill. 2d 295 (Ill. 2010) (supreme court reversal limited to jurisdictional defects; cautioned against advisory opinions about whether adults may be criminally prosecuted for juvenile-era offenses)
- In re Jaime P., 223 Ill. 2d 526 (Ill. 2006) (juvenile court generally maintains jurisdiction only until minor turns 21)
- People v. Lacy, 2013 IL 113216 (Ill. 2013) (statutory interpretation reviewed de novo)
- People v. Johnson, 2013 IL 114639 (Ill. 2013) (courts must give clear statutory language its plain meaning)