This case presents question as to whether section 11-9.3(b) of Criminal Code, which prohibits adjudged sex offenders from knowingly loitering within 500 feet of school where children are present, is constitutional. Appellate Court, in upholding defendant’s conviction, rejected defendant’s claim that said statute was vague and instead found that said statute contained objective criteria that precluded any potential for arbitrary and discriminatory enforcement and noted that defendant had admitted to officer that he was sex offender and knew he should not been present in his parked car within 15 feet of school property. In his petition for leave to appeal, defendant argued that said statute gave too much discretion to officers to determine what activities fit within statutory definition of “loitering.” (Dissent filed.)
Illinois Supreme Court PLAs
Criminal Court
Sex Offender