After bench trial, Defendant was found not guilty of 2 counts of criminal sexual assault but was found guilty of 1 counts of distributing harmful material to a minor (his female cousin). He was sentenced to 30 months of probation, and 180 days in county jail with no day-for-day credit, but he did receive credit for 68 days served. A rational trier of fact could have found that State presented sufficient evidence to find Defendant guilty of distributing harmful material to a minor. As Defendant grew up living among victim's family before she was born, and that family was close knit, reasonable trier of fact could have found that Defendant knew victim was a minor or failed to exercise reasonable care in ascertaining her true age. Defendant sent to victim's cell phone a photo of an adult male's nude, erect penis, which constitutes material considered harmful to minors. Evidence was sufficient to convict Defendant of this offense. Court erred in enhancing offense to a Class 4 felony. Section 11-21(g) of the Criminal Code sets forth a separate offense, not a sentencing enhancement.Conviction reduced from Class 4 felony to a Class A misdemeanor. (WELCH and WHARTON, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing