People v. Gomez

Illinois Appellate Court
Criminal Court
Illinois Sex Offender Registration Act
Citation
Case Number: 
2017 IL App (1st) 142950
Decision Date: 
Thursday, March 23, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed.
Justice: 
ELLIS

Defendant was found guilty of 1 count of failing to register as a sex offender under section 3(a)(a) of Sex Offender Registration Act. State failed to prove that Defendant resided or was temporarily domiciled in Chicago, as State alleged in indictment. State was required to prove that Defendant permanently resided or was temporarily domiciled in Chicago, and that Defendant failed to register in Chicago. Statute defines place of residence or temporary domicile as any place where the defendant stays for at least 3 days. As a defendant’s duty to register is inextricably intertwined with municipality where he resides or is temporarily domicile, proof of a place or residence or temporary domicile is an essential element of offense of failing to register. (HOWSE and BURKE, concurring.)