People v. Pepitone

Defendant was convicted, after bench trial, of being a child sex offender in a public park., pursuant to Section 11-9.4-1 of Criminal Code. No additional legal consequences were attached to Defendant based solely on his prior conviction of predatory criminal sexual assault of a child. His status as a child sex offender was an element of a separate crime, which required that he commit an additional act. His presence in a park occurred after the enactment of Section 11-9.4-1, and thus, his present conviction cannot be retroactive. Thus the law does not violate the ex post facto clauses of the U.S. and Illinois Constitutions. (JORGENSEN and SCHOSTOK, concurring.)