People v. Cardona

Illinois Appellate Court
Criminal Court
Sex Offender Registration and Notification Act
Citation
Case Number: 
2012 IL App (2d) 100542
Decision Date: 
Friday, March 2, 2012
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN
Defendant was indicted by grand jury of indecent solicitation of a child with intent to commit predatory criminal sexual assault and unlawful restraint, from grabbing and holding against her will 11-year-old girl walking home from school. A nonacquittal of offense of unlawful restraint of a child requires registration as a sex offender only upon court's separate finding that offense was sexually motivated. Even with Defendant's limited English and schizophrenia, evidence was sufficient to show motivation to engage in sexual conduct. Procedural rights at discharge hearing, although not equal to those offered at criminal trial, are sufficient for due process. (BOWMAN and HUTCHINSON, concurring.)