This case presents question as to whether offense of being sex offender in public park under 720 ILCS 5/11-9.4-1(b)) is constitutional. Appellate Court found that said statute was facially unconstitutional because it was “irrational” and inconsistent with defendant’s substantive due process rights. Instant statute makes it misdemeanor for certain child sex offenders to knowingly enter or remain in public park, and State, as well as Dissenting Justice, contend that means adopted in section 11-9.4-1(b) constituted reasonable method of accomplishing legislature’s goal of protecting public from sex offenders. Appellate Majority, though, found that said statute was overbroad, where: (1) it contained no requirement that anyone, including children, be actually or probably present in park at time of offense; and (2) statute improperly criminalized wide swath of innocent conduct.
Illinois Supreme Court PLAs
Criminal Court
Due Process