People v. Gray

This case presents question as to whether statutory definition of “family or household member,” when describing victim of domestic battery, as set forth in aggravated domestic battery statute (725 ILCS 5/112A-3(3)) is constitutional as applied to defendant, where record showed that defendant’s romantic relationship with victim of domestic battery had ended 15 years prior to offense. Appellate Court found that defendant’s aggravated domestic battery convictions were unconstitutional as applied to him, since record did not suggest that defendant and victim’s relationship at time of offense was still under effect of romantic intimacy from their prior relationship. Fact that defendant and victim were physically intimate on night of offense did not require different result, where any acts of intimacy did not occur as result of prior relationship.