Illinois Appellate Court
Criminal Court
Juvenile Sex Offenders
Court dismissed indictment charging a 21-year-old defendant in adult criminal court with aggravated criminal sexual assault allegedly committed when defendant was under age 15. Strict construction of Juvenile Court Act requires that proceedings could be brought only under that Act, because Defendant was ages 13 and 14 at time of alleged offenses. Neither exception to mandate of Section 5-120 of Act applies, as State did not file motion under either exception, and State's failure to file such motion precludes prosecution after Defendant's 21st birthday. (HUDSON and BIRKETT, concurring.)