People v. Bingham

Illinois Appellate Court
Criminal Court
Sexually Dangerous Persons
Citation
Case Number: 
2013 IL App (4th) 120414
Decision Date: 
Tuesday, April 2, 2013
District: 
4th Dist.
Division/County: 
Macon Co.
Holding: 
Reversed.
Justice: 
KNECHT
State failed to prove Defendant to be a sexually dangerous person beyond a reasonable doubt. To prove that a defendant has a mental disorder, State must show that defendant has serious difficulty controlling her sexual behavior, and court must make a finding of sexual dangerousness accompanied by explicit finding it is substantially probable the person will commit sex offenses in the future if not confined. Evidence of one act is not sufficient to prove propensity to commit sex offenses. (APPLETON and POPE, concurring.)