Defendant was convicted, after jury trial, of sexual exploitation of a child, based on instances when he and his former girlfriend engaged in sexual acts in front of Defendant's son when he was 11 years old. Court properly allowed Defendant's ex-wife to testify that Defendant had previously suggested demonstrating sexual intercourse for his son, as her testimony was relevant to and significantly probative of Defendant's mental state. Court properly gave IPI Criminal Instruction 3.14, titled "Proof Of Other Offenses Or Conduct, as a limiting instruction was necessary to ensure evidence would be considered for proper purposes, regardless of whether that instruction was labeled a pattern instruction by the parties.(CARTER and O'BRIEN, concurring.)
Illinois Appellate Court
Criminal Court
Jury Instructions