People v. Fiveash

Defendant, age 23, was charged with aggravated criminal sexual assault and criminal sexual assault of his 6-year-old cousin, who lived in same residence, when Defendant was 14 or 15 years old. Section 5-120 of Juvenile Court Act does not bar prosecution of Defendant in criminal court for offenses allegedly committed when he was 14 or 15 but not charged with until he was over 21 and no longer subject to the Act. Under Section 3-6 of Code of Criminal Procedure, Defendant can be charged with her assault until victim turns age 28. By retaining limited authority of juvenile court while expanding State's available time frame for initiating prosecution of specified sex offenses, legislature allowed for criminal prosecution of youthful offenders who subsequently age out of juvenile court system. (FREEMAN, THOMAS, KARMEIER, BURKE, and THEIS, concurring.)