Defendant was found guilty of aggravated battery in violation of section 12-3.05(d)(4)(i) of the Criminal Code and was sentenced to three and a half years in prison. Defendant appealed, arguing that the State failed to prove him guilty beyond a reasonable doubt because it did not present any evidence that his conduct insulted or provoked the victim. The appellate court affirmed and the Supreme Court granted defendant’s petition for leave to appeal. The Supreme Court also affirmed, finding that the State was not required to prove that a victim of battery subjectively felt insulted or provoked, but instead that a reasonable person would have felt insulted or provoked by the physical contact. (THEIS, NEVILLE, OVERSTREET and HOLDER WHITE, concurring. CUNNINGHAM And ROCHFORD took no part in the decision.)
Illinois Supreme Court
Criminal Court
Aggravated Battery