People v. Pepitone

Illinois Appellate Court
Criminal Court
Unconstitutional Vagueness
Citation
Case Number: 
2017 IL App (3d) 140627
Decision Date: 
Friday, February 10, 2017
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed.
Justice: 
McDADE

Defendant was convicted of being a child sex offender in a public park  under  Section 11-9.4-1(b) of the Criminal Code of 2012. That statute is facially unconstitutional, as it is not reasonably related to its goal of protecting public from child sex offenders or sexual predators. It contains no culpable mental state, and reaches many types of innocent conduct, and cannot be reasonably construed as aimed at preventing a substantial step toward commission of a sex offense against a child or any offense that would result in a person qualifying as a sexual predator. (HOLDRIDGE, concurring; CARTER, dissenting.)