Defendant was convicted, after bench trial, of theft, which was elevated to a Class 4 felony due to a previous retail theft conviction. Defendant had a prior conviction in 1983 for attempted criminal sexual assault for which he had not been required to register as a sex offender as conviction occurred prior to enactment of Sex Offender Registration Act. Defendant's 2014 Class 4 felony theft conviction required Defendant, under Section 3(c)(2.1) of Registration Act, to register as a sex offender for 1983 offense. Defendant's lengthy criminal history shows his general tendency to return to habit of criminal behavior. Thus, the Act as applied satisfies rational basis test and is constitutional. Sex offender registration is not punishment and thus the Act does not violate ex post facto clauses. (HOFFMAN and CUNNINGHAM, concurring.)
Illinois Appellate Court
Criminal Court
Illinois Sex Offender Registration Act