Schlosser v. State
2012 IL App (3d) 110115
Ill. App. Ct.2012Background
- Schlosser's FOID card was denied by ISP based on his 2002 conviction for indecent solicitation of a child.
- In 2002, Schlosser pled guilty to a Class 2 felony after online Chat Room discussions with someone he believed to be a 14-year-old girl and planning to meet her.
- He drove to a bus stop to meet the girl, claimed to be her uncle, and was stopped by police; no actual meeting occurred.
- Trial court held the offense fell within the 'any other felony which involves the use or threat of physical force or violence' provision, denying relief.
- Appellate court affirmed, holding indecent solicitation of a child constitutes a forcible felony for FOID purposes; jurisdiction in circuit court was proper; petition denied.
- Justice Wright concurred in part and dissented in part, concluding the conviction does not fit forcible felony and suggesting remand for public-interest factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does indecent solicitation of a child qualify as a forcible felony? | Schlosser contends it is not a forcible felony. | State contends it qualifies as a forcible felony under the residual clause. | Yes, it is a forcible felony under 2-8. |
| Did the circuit court have proper jurisdiction to hear the FOID petition? | Jurisdiction was proper since denial was based on a forcible felony. | No issue; appeal path via circuit court remains proper when forcible felony denial. | Jurisdiction proper; appeal properly before court. |
| What standard governs whether a conviction qualifies as a forcible felony? | Fact-specific inquiry; contends conviction here lacks force/violence element. | Residual threat of force suffices in a forcible felony analysis. | De novo review; determination depends on facts; here the court found it constitutes a forcible felony. |
Key Cases Cited
- People v. Belk, 203 Ill. 2d 187 (2003) (defines residual 'forcible felony' concept and requires contemplation of violence)
- Clay v. Kuhl, 189 Ill. 2d 603 (2000) (age-based presumptions in sexual offenses; intent to harm from minor abuse)
- Softcheck v. Imesch, 367 Ill. App. 3d 148 (2006) (age-related consent principle; supports violence presumptions in certain contexts)
- In re John C.M., 382 Ill. App. 3d 553 (2008) (de novo review standard for jurisdiction and related questions)