People v. Bouchee

Illinois Appellate Court
Criminal Court
Sexual Assault
Citation
Case Number: 
2011 IL App (2d) 090542
Decision Date: 
Tuesday, December 6, 2011
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN
Defendant was convicted, after bench trial, of home invasion and criminal sexual assault. Criminal sexual assault is not a lesser included offense of home invasion. Although home invasion, under 720 ILCS 5/12-11(a), requires subsequent commission of another offense, such as criminal sexual assault, that is a discrete offense with its own elements, including its own mental state. (BOWMAN and BURKE, concurring.)