People v. Baker
| Decision Date | 02 December 1994 |
| Docket Number | No. 3-94-0314,3-94-0314 |
| Citation | 643 N.E.2d 286,205 Ill. Dec. 335,268 Ill.App.3d 16 |
| Parties | , 205 Ill.Dec. 335 The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Roderick BAKER, Defendant-Appellee. |
| Court | United States Appellate Court of Illinois |
John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, William Poncin, State's Atty., Macomb, Rita Kennedy Mertel, States' Attys. Appellate Prosecutor, Ottawa, for People.
Stephen Omolecki, Office of State Appellate Defender, Ottawa, for Roderick Baker.
The defendant, Roderick Baker, was charged by information with harassment by telephone (720 ILCS 135/1-1(2) (West 1992)). The defendant subsequently filed a motion to dismiss for lack of jurisdiction. At a hearing on the motion, it was stipulated that the defendant was in Ohio when he placed the telephone call that formed the basis of the charge. The trial court dismissed the charge, specifically finding that "the conduct which formed the basis for the charge had taken place entirely in the State of Ohio."
On appeal, the State argues that jurisdiction was proper in Illinois because the offense was committed partly in Illinois.
The Illinois jurisdiction statute provides:
"(a) A person is subject to prosecution in this State for an offense which he commits, while either within or outside the State, * * * if:
(1) The offense is committed either wholly or partly within the State;
* * * * * *
(b) An offense is committed partly within this State, if either the conduct which is an element of the offense, or the result which is such an element, occurs within the State." (Emphasis added.) 720 ILCS 5/1-5(a)(1), (b) (West 1992).
We do not dispute the circuit court's conclusion that the defendant's conduct occurred entirely in the State of Ohio. However, the alleged result of that conduct was harassment in Illinois. Thus, for jurisdictional purposes, the offense was committed partly in Illinois. Jurisdiction was therefore proper in Illinois.
We note that our conclusion is consistent with that reached in the factually similar case of Brehm v. Indiana (Ind.Ct.App.1990), 558 N.E.2d 906. In Brehm, the defendant placed harassing telephone calls from Michigan, where he lived, to his ex-wife in Indiana. At the time, Indiana had harassment and jurisdictional statutes substantially similar to the Illinois statutes cited above. (See Brehm, 558 N.E.2d at 908.) The Brehm court concluded that Indiana had jurisdiction because the intimidation resulting from the defendant's telephone calls manifested itself in Indiana.
Finally, we note that Illinois has a valid public interest in protecting people in...
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State v. Backlund
...of defendant's solicitation brought him within Illinois' borders. As with the telephone harassment discussed in [People v.]Baker [205 Ill. Dec. 335, 643 N.E.2d 286 (1994)], Illinois has a valid public interest in protecting minor children in this state from individuals who seek underage sex......
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State v. Rimmer
...territorial jurisdiction to prosecute an Ohio resident who made threatening phone calls to a victim in Illinois. 268 Ill.App.3d 16, 205 Ill.Dec. 335, 643 N.E.2d 286, 287 (1994). The Baker court concluded "that the defendant's conduct occurred entirely in the State of Ohio." Id. The court ne......
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Black v. State, 1D99-3682.
... ... Meyers, 72 Haw. 591, 825 P.2d 1062, 1064-65 (1992) ... See People v. Baker, 268 Ill. App.3d 16, 205 Ill.Dec. 335, 643 N.E.2d 286, 287 (1994) ; Sykes v. State, 578 N.W.2d 807, 812 (Minn.Ct.App.1998) ; State v ... ...
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People v. Ruppenthal
... ... He claims that the prosecution did not have to prove that his words of solicitation were communicated to an Illinois resident and that therefore no part of the offense took place in Illinois ... Both defendant and the State cite People v. Baker, 268 Ill.App.3d 16, 205 Ill.Dec. 335, 643 N.E.2d 286 (1994), which we find supports the State's position. In Baker, the defendant was charged with making a harassing telephone call from Ohio to an individual in Illinois. Baker, 268 Ill. App.3d at 16, 205 Ill.Dec. 335, 643 N.E.2d at 287. Based upon ... ...