People v. Lloyd

Defendant, age 42 at time of offenses, was convicted, after jury trial, of seven counts of criminal sexual assault of 13-year-old girl, who was a lifetime family friend. Defendant knew of victim's young age, and evidence of his behavior, including telling victim not to tell on him, indicated his knowledge that victim could not consent. Uncontroverted evidence showed digital penetration, and thus result of trial would not have been different if intrusion instruction had been given instead of erroneous instruction given as to definition of sexual penetration. (POPE, concurring; STEIGMANN, dissenting.)