People v. Moeller, 2024 IL App (2d) 230043 (May). Episode 1048 (Duration 12:20)
Section 11-23.5(a) categorizes “any bondage” as “ ‘[s]exual activity.’ ” 720 ILCS 5/11-23.5(a) (West 2016).
[Read more…]Difference Between Predatory Criminal Sexual Assault And Aggravated Criminal Sexual Abuse
People v. Johanson, 2024 IL 129425 (April). Episode 1043 (Duration 13:37)
The legislature could have reasonably believed that contact between the sex organ or anus of the defendant and a child victim required a more severe penalty.
[Read more…]Believing The Child Was Older Is Not A Defense To Predatory Criminal Sexual Assault Of A Child
People v. Houston, 2024 IL App (3d) 210324 (March). Episode 1042 (Duration 6:34)
Mistake-of-age is not an available defense to a charge of predatory criminal sexual assault of a child.
[Read more…]Nonconsensual Dissemination of Private Sexual Images Is Clarified A Bit By Illinois Supreme Court
People v. Devine, 2023 IL 128438 (December). Episode 1020 (Duration 10:13)
For dissemination the focus must be on whether a person spreads the images to a person whom the victim did not wish to have them. For identifiability relying on information outside the contents of the image or immediate text is reading an element into the statute that is not there.
[Read more…]Staleness Of A Search Warrant For Child Porn Should Never Be A Problem
People v. Parlier, 2023 IL App (4th) 220091 (February). Episode 981 (Duration 17:07)
People with an interest in child pornography tend to hoard their materials and retain them for a long time.
[Read more…]Morphed Child Porn Remains Highly Illegal
People v. McKown, 2022 IL 127683 (November). Episode 974 (Duration 10:34)
Conviction here sustained on images of young girls from parenting magazines, with slits into their mouths, and pasted pictures of erect penises into the slits.
[Read more…]Be Careful With Old Charges That Have Been Re-Written
People v. Libricz, 2022 IL 127757 (November). Episode 973 (Duration 6:57)
Although defective, counts VI and VIII put defendant on notice that the alleged sexual penetration was criminal and allowed him to prepare a defense.
[Read more…]Be Careful With Statutes In The Disjunctive
People v. Kidd, 2022 IL 127904 (November). Episode 972 (Duration 7:03)
This case shows why courts must dismiss the indictment before trial when the charging instrument fails to set forth all the elements of the offense.
[Read more…]Sex Offender On School Property Does Not Require Contiguous Connection Between Property
People v. Leib, 2022 IL 126645 (June). Episode 949 (Duration 6:11)
There is nothing in the plain language of the statute that requires that property be contiguous with the school for it to be within the scope of the statute’s requirements.
[Read more…]This Common Closing Argument About Subpoenas And Hearsay Is Proper
People v. Williams, 2022 IL 126918 (May). Episode 942 (Duration 6:43)
The prosecutor’s comment about hearsay was not improper, and the prosecutor’s comment on the defense’s subpoena powers was also not improper.
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