People v. Kochevar

Illinois Appellate Court
Criminal Court
Illinois Sex Offender Registration Act
Citation
Case Number: 
2018 IL App (3d) 140660
Decision Date: 
Monday, August 20, 2018
District: 
3d Dist.
Division/County: 
Whiteside Co.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
McDADE

Defendant was convicted, after jury trial, with criminal sexual abuse. Both Defendant, then age 18, and female victim, then under age 18, were in high school together and had known each other for several years. Sex offender registry scheme has morphed from civil regulation into punitive scheme. The rigid technical strictures of sex offender statutes are grossly disproportionate to Defendant's crime and violate 8th amendment of U.S. Constitution and proportionate penalties clause of Illinois Constitution.(CARTER and LYTTON, concurring.)