People v. Robinson

Defendant was convicted, after jury trial, of aggravated criminal sexual assault and aggravated kidnapping. Defendant told victim he was taking her to dinner and movie, but then induced victim, who was mentally challenged, to move from her home to the train, or from train to abandoned house, where he raped her. Evidence established beyond a reasonable doubt that Defendant committed aggravated kidnapping. Court erred in giving instruction on aggravated kidnapping. Defendant was charged under inducement theory, but jury was given instruction predicated on actual secret confinement.Jury instructions were missing essential element of offense charged.(GORDON and LAMPKIN, concurring.)