People v. Kindelspire

Defendant was convicted, after bench trial, of failing to comply with his duty to report as a sex offender. State's theory throughout case was that Defendant failed to register after he moved out of his Morris residence and into the Mazon residence, i.e., that he violated the change-of-address provision in section 6 of the Sex Offender Registration Act. State failed to prove that Defendant had been living at the Mazon residence. As this proof was a necessary element to prove him guilty of violating Section 6, no reasonable fact finder could have found Defendant guilty beyond a reasonable doubt. (LYTTON, concurring; SCHMIDT, dissenting.)