People v. Rollins

Illinois Appellate Court
Criminal Court
Sex Offender
Citation
Case Number: 
2021 IL App (2d) 181040
Decision Date: 
Friday, March 26, 2021
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
HUDSON

Defendant was convicted, after bench trial on stipulated evidence, of 1 count of child photography by a sex offender, under section 11-24 of Criminal Code. That section requires that a child-sex offender, before taking a photo or video of a child, first obtain verbal consent of the child's parent or guardian;  it does not require the person seeking consent to disclose that he or she is a child-sex offender. Section 11-24 is not overbroad, and is not unconstitutional as applied to Defendant. The class of people who are child-sex offenders is an adequate proxy to identify persons from whom children need to be protected. (McLAREN and BRENNAN, concurring; BRENNAN, specially concurring.)