People v. Pepitone

Illinois Appellate Court
Criminal Court
Sex Offender
Citation
Case Number: 
2020 IL App (3d) 140627
Decision Date: 
Friday, June 26, 2020
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed and remanded.
Justice: 
McDADE

(Court opinion corrected 7/14/20.) Defendant was convicted of being a child sex offender in a public park. His status as a sex offender was based on his 1999 conviction of predatory criminal sexual assault of a child.  Defendant's conduct of being present in a public park occurred after the enactment of section 11-9.4-2(b) of Criminal Code, and thus his conviction of this offense cannot be retroactive. Section 11-9.4-1(b), as applied to Defendant, does not violate the ex post facto clauses of the U.S. and Illinois Constitutions. (CARTER and HOLDRIDGE, concurring.)