People v. Shultz

Illinois Appellate Court
Criminal Court
Statutory Construction
Citation
Case Number: 
2011 IL App (3d) 100340
Decision Date: 
Wednesday, October 5, 2011
District: 
3d Dist.
Division/County: 
Mercer Co.
Holding: 
Reversed and remanded.
Justice: 
CARTER
Defendant was charged with disorderly conduct, under Section 26-1(a)(13) of Criminal Code, and court dismissed indictment for failure to state an offense. Indictment alleged that Defendant had threatened bodily harm directed to a person at a school, by threatening to shoot him. At preliminary hearing State presented testimony that Defendant had sent intended victim text message and photo of himself holding two guns. Statute's language is unambiguous in prohibiting threats against "persons", which is properly read as including both the singular and the plural. Thus, statute applies where threat is made against only one person. (LYTTON, concurring; HOLDRIDGE, dissenting.)