Court of Appeals of Illinois, First District, Fourth Division
from the Circuit Court of Cook County. No. 18 JD 60109
Honorable Terrence V. Sharkey, Judge, presiding.
Attorneys for Appellant: James E. Chadd, Patricia Mysza, and
Katherine Jane Miller, of State Appellate Defender's
Office, of Chicago, for appellant.
Attorneys for Appellee: Kimberly M. Foxx, State's
Attorney, of Chicago (Alan J. Spellberg, Veronica Calderon
Malavia and Annette Collins, Assistant State's Attorneys,
of counsel), for the People.
JUSTICE LAMPKIN delivered the judgment of the court, with
opinion. Presiding Justice Gordon and Justice Burke concurred
in the judgment and opinion.
1 Respondent-minor J.R. was adjudicated delinquent for
robbery and sentenced to a three-year term of probation.
J.R.'s probation conditions included an order that he
would have no contact with street gangs, guns, or drugs. This
no-gang-contact provision prohibited him from participating
in any activities that furthered or promoted a function of a
street gang and included restrictions on his social media
2 On appeal, J.R. argues that the juvenile court's
probation condition prohibiting his contact with street gangs
and associated social media usage was unconstitutionally
overbroad and vague.
3 For the reasons that follow, we affirm the judgment of the
4 I. BACKGROUND
5 J.R. was charged with one count each of armed robbery,
aggravated robbery, and robbery for the June 20, 2018,
robbery of 16-year-old Jonathan R. in the alley outside his
6 According to the evidence the State presented at the
October 2018 bench trial, at about 4 p.m. on the date in
question, Jonathan was throwing trash into a garbage can in
the alley outside his home. He planned to go shopping with
his family later that day and had in his pockets his phone
and the $300 he had earned from working with his father in
construction. J.R., whom Jonathan recognized from school, and
an unidentified male approached Jonathan. J.R. carried a bag
and asked Jonathan if he wanted to buy Gucci sandals, which
Jonathan asked to see. The other male stood behind J.R., had
his hands in the pockets of his sweatshirt, and wore his
sweatshirt hood up. Jonathan noticed the brown handle of a
gun sticking out from the pocket of the other male's
7 J.R. asked Jonathan what he had in his pockets, and
Jonathan, to show his serious interest in the sandals,
responded that he had $300, pulled the roll of bills from his
pocket, and held the roll in front of his pocket. J.R. and
the other male began to act suspiciously, looking in
different directions. Jonathan backed away from them with his
hand around his money in his pocket. Meanwhile,
Jonathan's younger brother looked over the tall fence at
the group in the alley but then got down from the fence and
waited in the yard for Jonathan. J.R. grabbed Jonathan's
hand and tried to pull it and the cash out of Jonathan's
pocket. The other male put a revolver against Jonathan's
ribs, said he had a gun, and told Jonathan to let go of the
money. Jonathan complied, and J.R. and the other male ran
8 The juvenile court found that the evidence did not
establish that J.R. knew about the gun before the robbery and
thus ruled that he was not accountable for the use of the
gun. The court found J.R. guilty only of robbery.
9 According to the social investigation report filed with the
court in November 2018, J.R. told his probation officer that
he had friends who were involved in street gangs. Also,
J.R.'s denial of any direct involvement with street gangs
was contradicted by school staff. When J.R. recently attended
the church funeral of a friend who was a gang member and
rapper, rival gang members "shot up" the church in
10 On the next court date in December 2018, the court stated
that it was aware of "gang information" and
Facebook photos posted by J.R. that showed him flashing gang
signs and holding a gun. The court told him that these
pictures were "not acceptable" and he must
"deactivate, take [them] down, untag, whatever [he]
need[ed] to do [because the court] want[ed] it gone."
The court asked J.R.:
"Do you understand you are basically putting a target on
your own head by doing this? You are telling the rest of the
world and the rest of these fools that are out there,
fighting over a piece of territory that does not even belong
to them that you are part of something."
court also told J.R.:
"You can do great things with your life. The problem is
you don't believe in yourself when you have to run around
and do these kind of things.
I understand you may live in an area where there are people
who are pushing you into this, but you need to get out of it
and get away. You need to learn how to say no.
You need to redirect [the overwhelming pain of losing a
sibling] and figure out how to handle it. Handling it in the
street is only going to get you killed. Putting it out there
so everybody sees it is only going to get you killed.
You can say, 'I can't do this because my judge will
put me away in the Department of Juvenile Justice and
that's where I'm gonna have to live until I'm 21
so I am not allowed to do this.' "
11 Then J.R.'s mother told the court that she had grave
concerns about J.R.'s behavior and did not want him in
her home. His paternal grandmother was his legal guardian at
the time, and J.R. was not abiding by his curfew. He was
having tremendous difficulty in school, failed to attend
classes, and had been suspended. Although J.R. had blocked
his mother on Facebook, she had learned from screen shots
other people sent her that J.R. was communicating with
someone and looking for a gun. She stated that J.R. did not
come home for days, did not "care," and had no
respect for authority. She explained that J.R.'s behavior
worsened "because he was watching" his older