People v. Gray

Illinois Appellate Court
Criminal Court
Domestic Battery
Citation
Case Number: 
2016 IL App (1st) 134012
Decision Date: 
Wednesday, May 18, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Vacated in part and reversed in part; remanded with directions.
Justice: 
LAVIN

Defendant was convicted, after jury trial, of aggravated battery and 2 counts of aggravated domestic battery.  Section 112A-3(3) of Domestic Violence Act is unconstitutional as applied to Defendant. Even though his romantic relationship with Petitioner had ended 15 years prior to incident, that Section treats Petitioner as his family or household member, which is not reasonably related to a public interest. (MASON and PUCINSKI, concurring.)