People v. Fiveash

Then 23-year-old Fiveash was charged with aggravated criminal sexual assault and criminal sexual assault, based on his sexual penetration of the vagina and mouth of his 6-year-old cousin, P.A., in 2003, when he was 14-15 years old. Fiveash was certified to teach grades 6 through 12 and had been teaching part-time at two schools. He moved to dismiss, arguing that the Juvenile Court Act (705 ILCS 405/5-120) gave the juvenile court “exclusive jurisdiction” over offenses allegedly committed when he was 14, barring prosecution in criminal court, and that he could not be prosecuted in juvenile court because he was over 21. The trial court dismissed, finding the result “unjust, absurd, and clearly unfair to the victim.” The appellate court construed the language in section 5-120 as barring criminal proceedings only against defendants under the age of 21 for offenses they allegedly committed while under the age of 17. Because defendant was 23 when indicted, the court concluded section 5-120 did not apply, and reversed and remanded for trial in adult criminal court. The Illinois Supreme Court affirmed. Section 5-120 does not bar prosecution in criminal court for offenses allegedly committed when a defendant was 14 or 15 but not charged with until he was over 21 and not subject to the Act. View "People v. Fiveash" on Justia Law