Is There No Simple Battery Under Illinois Law?
Minhas, Azhar J.
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This piece argues that judicial interpretation of 720 ILCS 5/12-4(b)(8) (1997) of the Illinois Criminal Code, the statute which enhances simple battery to aggravated battery, has opened the door for the abuse of prosecutorial discretion in applying the statute and has led the courts away from its true legislative intent. Specifically, the application of the statute has been overbroad and courts' interpretations of the legislative intent have been far-reaching. Through statutory analysis and the consideration of case law, the author explores the judicial expansion of section (b)(8) and argues for words of limitation in the statute that will help to bring it within the confines of constitutionality and thus bring the statute in accord with its original purpose. In particular, the author argues that the statute should apply only to those batteries which actually endanger or might logically endanger a person.