People v. Johanson

This case presents question as to whether Class X sentencing treatment on charge of predatory criminal sexual assault of child violates Proportionate Penalties Clause of Illinois Constitution, where defendant submits that offenses of predatory criminal sexual assault of child and aggravated criminal sexual abuse have identical elements, but yield disparate penalties. Appellate Court, in affirming defendant’s 16-year sentence for predatory criminal sexual assault of child, held that there was no Proportionate Penalties Clause violation, since predatory criminal sexual assault of child and aggravated criminal sexual abuse offenses did not have identical elements. Fact that conduct at issue in instant case, i.e. touching of defendant’s penis by child under 13 for purposes of defendant’s sexual gratification or arousal, constituted both predatory criminal sexual assault of child and lesser included offense of aggravated criminal sexual abuse did not require different holding.