Illinois Appellate Court
Criminal Court
Sexual Assault
Defendant was convicted, after jury trial, of 2 counts of criminal sexual assault and 1 counts of home invasion. One conviction for criminal sexual assault should be vacated as it is a lesser-included offense of home invasion. Home invasion consists of 2 separate physical acts. The unauthorized entry alone is not a crime under 720 ILCS 5/12-11(a)(6) if a sex offense does not occur.There is no clear legislative intent for separate punishments based on separate criminal purposes. (KNECHT, concurring; DeARMOND, dissenting.)