People v. Bingham

Illinois Supreme Court
Criminal Court
Citation
Case Number: 
2014 IL 115964
Decision Date: 
May 22, 2014
District: 
4th Dist.
Division/County: 
Macon Co.
Justice: 
GARMAN
Holding: 
Appellate court affirmed.
Court declared woman, now age 22, a sexually dangerous person under the Sexually Dangerous Persons Act (SDPA), for touching 17-year-old girl in a group home in 2011, and forcible kissing and attempted touching of breast of 23-year-old female teacher in 2010. State failed to prove that Defendant demonstrated propensities toward acts of sexual assault or sexual molestation of children. Definition of sexual conduct in DCFS Administrative Code Rules more accurately corresponds with legislative intent of SDPA than definition of "criminal sexual assault" in Criminal Code. Without evidence of additional sex offenses, evidence of incident with teacher was insufficient to establish substantial probability that Defendant will engage in commission of sex offenses in future if not confined. (FREEMAN, THOMAS, KILBRIDE, KARMEIER, BURKE, and THEIS, concurring.)