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People v. Boand9/30/2005
constructive, or attempted transfer of a controlled substance, with or without consideration, whether or not there is an agency relationship. 720 ILCS 570/102(h) (West 2004). Citing isolated portions of the legislative history in which legislators refer to "manufacturer , dealer , and suppliers," defendant argues that the statute was not intended to punish the last person in the chain of delivery. However, the plain language of the statute is the best indication of the legislature's intent. If the legislature had intended to limit the statute to apply only to "dealers" or wholesale distributors of controlled substances, it would have used those terms and defined them. Instead, the statute uses the term "delivery," which is statutorily defined. We conclude that the drug-induced-homicide statute is not unconstitutionally vague for failing to more precisely define the class of persons to whom it applies.
b. Mental State
Defendant argues that the drug-induced-homicide statute is unconstitutionally vague because it does not specify what mental state subjects an accused to criminal liability. In People v. Faircloth, 234 Ill. App. 3d 386, 391 (1992), we were faced with the issue of whether involuntary manslaughter is a lesser-included offense of drug-induced homicide. In analyzing this issue, we identified the mental state that must be proved to sustain a conviction of drug-induced homicide:
"The drug-induced homicide statute is a unique statute that imposes criminal responsibility for the death of a person on anyone in the chain of delivery of controlled substances that were the cause of that person's death. * The mental state in this statute is 'knowingly,' which comes from section 401 of the Controlled Substances Act of 1971 [citation], which prohibits a knowing manufacture, possession, or delivery of a controlled substance. The defendant just needs to make a knowing delivery of a controlled substance, and if any person then dies as a result of taking that substance, the defendant is responsible for that person's death." Faircloth, 234 Ill. App. 3d at 391.
We adhere to our conclusion in Faircloth that the drug-induced-homicide statute incorporates the "knowing" mental state element from section 401 of the Act. Our holding is supported by the approach Illinois courts have taken in determining the mental state element of felony murder (720 ILCS 5/9--1(a)(3) (West 2004)). Felony murder derives its mental state from the underlying intended offense. Felony murder seeks to deter persons from committing forcible felonies by holding them responsible for murder if a death results. A defendant may be found guilty of felony murder regardless of a lack of intent to commit murder. People v. Johns, 345 Ill. App. 3d 237, 242 (2003). Just as the felony murder statute imposes criminal liability for a death resulting from a forcible felony, the drug-induced-homicide statute imposes criminal liability for a death resulting from the knowing delivery of certain controlled substances. We conclude that, like the felony-murder statute, which derives its mental state from the underlying intended offense, the drug-induced-homicide statute derives the "knowing" mental state element of delivery under section 401 of the Act.
c. Foreseeability of Death
Defendant contends that, if the drug-induced-homicide statute derives its mental state from section 401 of the Act, the statute is unconstitutionally vague because it does not specify the degree to which the resulting death must be foreseeable. In response to a similar vagueness challenge to the absence of a foreseeability requirement in the felony murder statute, our supreme court held that "when a felon's attempt to commit
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