People v. Richardson

Illinois Appellate Court
Criminal Court
Juvenile Court Act
Citation
Case Number: 
2014 IL App (1st) 122501
Decision Date: 
Monday, June 23, 2014
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
DELORT
An adult cannot be prosecuted for alleged offense committed when he was under age 17 on the basis that the adult is no longer a minor, even though statute of limitations had not yet run, Defendant's identity was unknown at time of offense, and delay was not due to any fault of State. Otherwise, State could withhold prosecution until a junvenile ages out of the system, to sidestep remedies available to juveniles and elevate scope of possible punishments. Court properly dismissed indictment of adult, age 29, for aggravated criminal sexual assault allegedly committed upon 17-year-old girl when he was 14. (HOFFMAN and CUNNINGHAM, concurring.)