People v. Pepitone

Section 11.9.4-1(b) of Criminal Code provides that it is unlawful for a sexual predator or a child sex offender to knowingly be present in any publiv park building or on real property comprising any public park.There is a rational relation between protecting the public, especially children, from sex offenders and prohibiting sex offenders who have been convicted of crimes against minors from being present in public parks across the state.Section 11.9.4-1(b) is rationally related to a legitimate government interest, and is not facially constitutional under substantive due process. Remanded for consideration of Defendant's as-applied ex post facto clause claim.(KARMEIER, FREEMAN, THOMAS, KILBRIDE, GARMAN, and BURKE, concurring.)