People v. Madrigal 

Illinois Supreme Court
Criminal Court
Unconstitutional Vagueness
Citation
Case Number: 
No. 110194
Decision Date: 
Thursday, March 24, 2011
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Circuit court affirmed.
Justice: 
THOMAS
Defendant was indicted on one count of identity theft, under Illinois Identity Theft Law. Section 16-15(a)(7) of Identity Theft Law, which prohibits using any personal identification information or document to access any record without the other person's express permission, is facially unconstitutional under state and federal constitutions. That section of statute potentially punishes a significant amount of wholly innocent conduct not related to statute's purpose, and statute is thus an invalid exercise of police power and is not reasonably related to purpose of statute. (KILBRIDE, FREEMAN, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)