Defendant pled guilty to possession of child pornography and was sentenced to 30 months probation. At sentencing, judge admonished him that he was required to register for life as a sex offender. Defendant appealed his conviction, claiming that requirements particular to sex offenders, such as registration, constitute punishment and are unconstitutional as applied to him. Appellate court cannot adjudicate an as-applied claim because there is no fully developed record, and no evidentiary hearing or findings of fact. Illinois Supreme Court, in 2018 BIngham decision, held that challenges to sex-offender requirements must be raised in a separate civil proceeding and may not be raised in an appeal from a defendant's criminal case. Defendant may file a civil suit seeking a declaration of unconstitutionality and relief. (McBRIDE and BURKE, concurring.)
Illinois Appellate Court
Criminal Court
Sex Offender