Defendant, who had been employed as a teacher's aide and softball coach, was convicted, after bench trial, of grooming, upon charges that he had an inappropriate relationship with a 14-year-old student at the school. Victim's mother had found sexually inappropriate text messages and a photo of Defendant and victim kissing in victim's cell phone. The grooming statute satisfies the rational basis test, as it restricts only unprotected speech and Defendant's right to free speech is not implicated in its enforcement. The statute is not unconstitutional as applied to Defendant, as it does not criminalize innocent behavior. Defendant was not engaged in innocent behavior; his text messages to victim asked her if he could have sex with her and said that he was trying to find out how to block the GPS feature of her pone so her mother could not find her and they could have sex. The fact that he did not follow through with the sex act is irrelevant as to grooming. (MIKVA and HARRIS, concurring.)
Illinois Appellate Court
Criminal Court
Evidence