People v. Smith, 2015 IL App (4th) 131020 (December 2015). Episode 130 (Duration 3:59)

Conviction for aggravated battery to a senior citizen must be reduced to battery because the IPI was wrong.

Facts

Defendant was charged aggravated battery of a senior citizen for slapping around the old man he was the caretaking.

The Current Charge

Effective in 2006, the legislature amended the aggravated-battery statute to state a defendant commits an aggravated battery against a person over the age of 60 when he knowingly commits a battery and…

“[k]nows the individual harmed to be an individual of 60 years of age or older.” Pub. Act 94-327, § 5 (eff. Jan. 1, 2006) (amending 720 ILCS 5/12- 4(b)(10).

The statute has since been renumbered. See 720 ILCS 5/12-3.05(d)(1).

The new language adopted in Public Act 94-327 added an element to the offense requiring the State to prove the defendant knew the individual harmed was 60 years of age or older.

Pre-2006 Charge

Before 2006, the pertinent statutory definition of aggravated battery to a person over the age of 60 required the State to prove the defendant…

“[k]nowingly and without legal justification and by any means cause[d] bodily harm to an individual of 60 years of age or older.” 720 ILCS 5/12- 4(b)(10).

As you can see, the older version of the law did not require that the State prove that the Defendant was aware of the victim's age.

The Current IPIs

IPI 11.15 and 11.16 became effective prior to substantive changes to the statutory language. Currently, they do not reflect the element requiring the defendant to be aware of the victim's age.

In short, IPI Criminal 4th Nos. 11.15 and 11.16 do not accurately convey the present law regarding the charge of aggravated battery to a person over the age of 60. Thus, in this case the state never established exactly what Defendant knew of the victim's age.

The aggravated battery conviction to a senior was reduced to misdemeanor battery.