People v. Bingham

This case presents question as to whether trial court properly found defendant to be sexually dangerous person under Sexually Dangerous Persons Act based on allegations that defendant touched, slapped or fondled buttocks of various individuals, as well as grabbed breasts of teacher. Appellate Court, in reversing trial court, found that although State proved that defendant had serious difficulty in controlling her sexual behavior, trial court failed to make requisite finding that it was “substantially probable” that defendant would engage in commission of sex offenses in future if not confined. Appellate Court further found that State failed to prove that defendant exhibited propensities to commit sex offenses, where record failed to show that defendant had penetrated or had attempted to sexually penetrate anyone.