Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act
Defendant appealed from the judgment of the circuit court summarily dismissing his pro se petition under the Post-Conviction Hearing Act, which sought relief from his conviction under the child pornography statute. Defendant argued that his petition stated an arguable claim that the statute’s requirement that the possession of child pornography be voluntary was unconstitutionally vague. The appellate court disagreed and affirmed, finding that the factual nature of the question of intent did not make the statute unconstitutionally vague. (McLAREN and HUTCHINSON, concurring)