People v. Fabing

• Decision Date: 21 March 1991
• Docket Number: No. 70082,70082
• Citation: 155 Ill.Dec. 816,143 Ill.2d 48,570 N.E.2d 329
• Parties: , 155 Ill.Dec. 816 The PEOPLE of the State of Illinois, Appellant, v. Thomas FABING, Appellee.
• Court: Illinois Supreme Court

Page 329

570 N.E.2d 329

143 Ill.2d 48, 155 Ill.Dec. 816

The PEOPLE of the State of Illinois, Appellant, v. Thomas FABING, Appellee.

No. 70082.

Supreme Court of Illinois March 21, 1991.

Neil F. Hartigan, Atty. Gen., Springfield, and Cecil A. Partee, State's Atty., Chicago (Terence M. Madsen, Asst. Atty. Gen., Chicago, and Renee Goldfarb and David R. Butzen, Asst. State's Attys., of counsel), for the People.

Warsawsky, McNeal, Fabing & Associates, Chicago (Michael D. Fabing and Elizabeth A. Knospe, of counsel), for appellee.

Justice CLARK delivered the opinion of the court:

The issue presented in this case is whether the Illinois Dangerous Animals Act (the Act) (Ill.Rev.Stat.1987, ch. 8, par. 240 et seq.) is unconstitutionally vague because it does not define the term "life-threatening reptile." We find that the Act is not vague on its face, and that as applied to defendant, the Act is sufficiently clear that a person of ordinary intelligence would conclude that possession of three of defendant's reptiles was prohibited. However, we find that the Act is unconstitutionally vague as applied to defendant's possession of a fourth reptile.

Defendant, Thomas Fabing, was charged with four counts of violating the Act, in that he unlawfully possessed four life-threatening reptiles: a four-foot alligator, a seven-foot boa constrictor, and two Burmese pythons each approximately 15 to 20 feet in length. After a trial in the circuit court of Cook County, defendant was convicted on all four counts, and fined a total of $100. Pursuant to defendant's appeal, the appellate court held that the Act is unconstitutionally vague on its face and therefore reversed defendant's convictions. (196 Ill.App.3d 495, 143 Ill.Dec. 359, 554 N.E.2d 294.) We granted the State's petition for leave to appeal (107 Ill.2d R. 317).

The Act prohibits ownership or possession of dangerous animals. (Ill.Rev.Stat.1987, ch. 8, par. 241.) As amended, the Act defines a dangerous animal as "a lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi, bear, hyena, wolf or coyote, or any poisonous or life-threatening reptile." (Emphasis added.) (Ill.Rev.Stat.1987, ch. 8, par. 240.) Prior to 1986, the only reptiles prohibited under the Act were poisonous reptiles. By amending the Act to include the term "life-threatening," the legislature clearly intended to prohibit ownership of reptiles which, although not poisonous, are nonetheless life-threatening. Because the Act does not define "life-threatening," defendant argues that persons of common intelligence are unable to determine which animals are prohibited. Therefore, defendant argues the Act is unconstitutionally vague on its face and as applied to defendant.

Due process requires that a statute must not be "so vague that men of common intelligence must necessarily guess at its meaning or application. (Smith v. Goguen (1974), 415 U.S. 566, 39 L.Ed.2d 605, 94 S.Ct. 1242; Grayned v. City of Rockford (1972), 408 U.S. 104, 33 L.Ed.2d 222, 92 S.Ct. 2294; Connally v. General Construction Co. (1926), 269 U.S. 385, 70 L.Ed. 322, 46 S.Ct. 126; People v. Palkes (1972), 52 Ill.2d 472 .)" (People v. Garrison (1980), 82 Ill.2d 444, 453, 45 Ill.Dec. 132, 412 N.E.2d 483.) In addition, "the statute must provide sufficiently definite standards for law-enforcement officers and triers of fact that its application does not depend merely on their private conceptions. (Grayned v. City of Rockford (1972), 408 U.S. 104, 33 L.Ed.2d 222, 92 S.Ct. 2294; Interstate Circuit, Inc. v. City of Dallas (1968), 390 U.S. 676, 20 L.Ed.2d 225, 88 S.Ct. 1298; Giaccio v. Pennsylvania (1966), 382 U.S. 399, 15 L.Ed.2d 447, 86 S.Ct. 518; People v. Pembrock (1976), 62 Ill.2d 317 .)" (Garrison, 82 Ill.2d at 453, 45 Ill.Dec. 132, 412 N.E.2d 483.) To satisfy the requirements of due process, a statute's prohibitions must be sufficiently definite when measured by common understanding and practices. (People v. Wawczak (1985), 109 Ill.2d 244, 249, 93 Ill.Dec. 378, 486 N.E.2d 911.) However, as we are "[c]ondemned to the use of words, we can never expect mathematical certainty from our language." Grayned v. City of Rockford (1972), 408 U.S. 104, 110, 92 S.Ct. 2294, 2300, 33 L.Ed.2d 222, 228-29.

We note that all statutes are presumed to be constitutional (People v. Schwartz (1976), 64 Ill.2d 275, 281, 1 Ill.Dec. 8, 356 N.E.2d 8), and the party challenging the statute has the burden of clearly establishing its constitutional infirmity (People v. Bales (1985), 108 Ill.2d 182, 188, 91 Ill.Dec. 171, 483 N.E.2d 517). In considering a vagueness challenge to a statute, absent a contrary legislative intent, a court will assume "the words used in a statute have their ordinary and popularly understood meanings. (People v. Schwartz (1976), 64 Ill.2d 275, 280 [1 Ill.Dec. 8, 356 N.E.2d 8]; Farrand Coal Co. v. Halpin (1957), 10 Ill.2d 507, 510 .) In addition to the language used, consideration [will] also [be] given to the legislative objective and the evil the statute is designed to remedy. (People v. Dednam (1973), 55 Ill.2d 565, 568 .)" (People v. La Pointe (1981), 88 Ill.2d 482, 499, 59 Ill.Dec. 59, 431 N.E.2d 344.) Whenever possible, each word or phrase in a challenged statute will be given some reasonable meaning.

With the above principles in mind, we now consider defendant's argument that the Act is unconstitutionally vague because it does not provide any criteria for determining which reptiles are life-threatening. We note that except in the case of nonpoisonous reptiles, species is the sole criterion for determining whether possession of an animal is prohibited under the Act. Further, that determination is made without regard to the individual characteristics of the particular animal.

However, in the case of nonpoisonous reptiles, some criteria other than species must be applied to determine if an animal is within the scope of the Act's proscription. For example, because species is not the sole criterion, a finding that defendant's boa constrictor is life-threatening does not require a finding that all boa constrictors are life-threatening. Unfortunately, the Act does not provide the criteria with which to determine whether a particular reptile is life-threatening, nor does it authorize an administrative agency to promulgate regulations on the subject. In this sense, the Act is somewhat ambiguous.

However, we do not believe the ambiguity is of such magnitude that it renders the Act unconstitutional on its face. A statute is unconstitutionally vague on its face only if it provides no standard of conduct at all. (People v. Haywood (1987), 118 Ill.2d 263, 270, 113 Ill.Dec. 236, 515 N.E.2d 45.) That is, the ambiguity is so pervasive that the statute is "incapable of any valid application." (Steffel v. Thompson (1974), 415 U.S. 452, 474, 94 S.Ct. 1209, 1223, 39 L.Ed.2d 505, 523.) The Act clearly indicates that the legislature intended to prohibit ownership of those reptiles which, although not poisonous, are nonetheless life-threatening. We believe the term "life-threatening" is commonly understood to mean that which might possibly attack humans, and which is reasonably capable of killing humans in the event of such an attack. While the use of this term in the Act may cause confusion in some circumstances, the term is sufficiently clear to establish a standard of conduct. For example, defendant's expert testified that an alligator over eight feet long, and a constricting snake over 15 feet long could be considered life-threatening to adults. Therefore, as the Act is capable of some valid application, it is not void on its face, and we must consider whether it is unconstitutionally vague as applied to this case.

The State maintains that because defendant's snakes are part of the giant constricting snake family, a person of common intelligence would know that the snakes might be life-threatening. The State contends that by their nature, these snakes constrict to kill prey and to defend themselves against attack. The State does not argue that all giant constricting snakes are life-threatening, but rather that at some point defendant's snakes grew so large that they became capable of killing a human. The State's argument amounts to a prohibition of snakes over a certain, but unspecified, size.

Defendant, on the other hand, argues that the "temperament" of each individual reptile must be considered when determining whether that reptile is life-threatening. Defendant argues that his reptiles are docile, and are therefore less dangerous than similar reptiles in the wild. Defendant concedes that the statute clearly provides that domestication of dangerous animals is not a defense. (Ill.Rev.Stat.1987, ch. 8, par. 242.) However, defendant argues that this domestication language only applies if the possession of an animal is prohibited under the statute. Because possession of nonpoisonous snakes is not prohibited unless the snakes are life-threatening, and because a determination of whether a particular snake is life-threatening depends on the characteristics of the individual animal, defendant argues that evidence of his reptiles' temperaments should be considered when determining whether the animals are life-threatening. We dis...