Defendant, a high school track coach, was convicted, after bench trial, of sexual exploitation of a child. State failed to prove Defendant guilty, as the undisputed facts do not meet statutory description of "virtual presence." Snapchat did not create the illusory environment of presence that the legislature had in mind by its use of the term "virtual presence". The minor student (a member of the high school track team) received somewhat risque photos of Defendant via the Snapchat app. The photos showed portions of Defendant's breasts but not the nipples. Snapchat app was not a stand-in for physical presence. Minor testified that there was no conversation between himself and Defendant when she sent him the pictures, and they did not discuss the pictures after he received them. Digital photographs do not necessarily create an "environment" that mimics physical presence. (HARRIS, concurring; DeARMOND, specially concurring.)
Illinois Appellate Court
Criminal Court
Evidence