Defendant was convicted, after bench trial, of being a child sex offender in a public park. Defendant rode his bicycle to a public park to tell his son, who was watching the game, that it was time to go home. Defendant argued that exception to criminal liability in section 11-09.3(a-10) of Criminal Code, allowing a child sex offender to be present in a public park when accompanied by his own child, should be read into section 11-9.4-1(b). There is no fundamental right for any person to be present in a public park, and thus there is no fundamental right to take one's child to a public park. Defendant failed to establish that it was necessary for him to enter the park to retrieve his son. (KARMEIER, THEIS, NEVILLE, and M. BURKE, concurring; GARMAN and A. BURKE, dissenting.)
Illinois Supreme Court
Criminal Court
Sex Offender