People v. Baum

Illinois Appellate Court
Criminal Court
Juvenile Law
Citation
Case Number: 
2012 IL App (4th) 120285
Decision Date: 
Thursday, November 8, 2012
District: 
4th Dist
Division/County: 
Macon Co.
Holding: 
Affirmed.
Justice: 
COOK
Defendant was criminally charged, at age 19, with sexual assault of complainant who, at age 13, alleged that Defendant had molested her when she was 6 and he was 12, and also when she was 10 and he was 16. State declined court's offer to transfer charges to juvenile court. Defendant was not yet 17 at time of alleged assaults, and none of exceptions allowing State to prosecute criminal laws apply. Thus, State was unauthorized to charge Defendant criminally, and court properly dismissed charges. (TURNER and POPE, concurring.)