People v. Kochevar

Illinois Appellate Court
Criminal Court
Sex Offender Registration Act
Citation
Case Number: 
2020 IL App (3d) 140660-B
Decision Date: 
Tuesday, February 4, 2020
District: 
3d Dist.
Division/County: 
Whiteside Co.
Holding: 
Appeal dismissed in part; affirmed.
Justice: 
LYTTON

Defendant was convicted, after jury trial, of criminal sexual abuse, and was required to register as a sex offender. Defendant was given leave to bring an as-applied constitutional challenge to the Sex Offender Registration Act (SORA). Defendant was, at the time, an 18-year-old high school senior who, in a custodial statement to police, admitted to having had sex on multiple occasions with a then-15-year-old student. Conduct of officers was not coercive, and Defendant's confession was not coerced. Appellate court lacks jurisdiction, pursuant to Illinois Supreme Court's 2018 Bingham decision, to consider Defendant's as-applied constitutional challenge to SORA on appeal from his sexual abuse conviction. (CARTER, concurring; McDADE, concurring in part and dissenting in part.)