Kane County Nuggets

Internal education and training for the Kane County State's Attorney's Office.

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Other Crimes Evidence In Grooming Case Was Too Much – Conviction Reversed

April 11, 2025 By Samuel Partida, Jr.

People v. Marshall, 2025 IL App (4th) 240368 (March). Episode 1105 (Duration 11:10)

Error to admit defendant’s ex-girlfriend’s testimony about her text messages from suspect because the statements at issue were unrelated to the charges against him.

[Read more…]

Filed Under: Grooming, Other Crimes

Is It Illegal To Stand Outside A Residence And Record A Person Through A Window?

January 7, 2025 By Samuel Partida, Jr.

People v. Maillet, 2019 IL App (2d) 161114 (July). Episode 1086 (Duration 9:11)

The legislature’s intent undoubtedly was to protect the privacy rights of the person who was video recorded without that person’s consent in that person’s residence, where that person would have an increased expectation of privacy, regardless of the residence of the person who made the recording. 

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Filed Under: Sex Case Tagged With: Video

Nonconsensual Dissemination Includes Simulated Bondage

September 10, 2024 By Samuel Partida, Jr.

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).

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Filed Under: Sex Case Tagged With: Nonconsensual Dissemination

Difference Between Predatory Criminal Sexual Assault And Aggravated Criminal Sexual Abuse

August 30, 2024 By Samuel Partida, Jr.

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.

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Filed Under: Constitutional, Sex Case

Believing The Child Was Older Is Not A Defense To Predatory Criminal Sexual Assault Of A Child

August 29, 2024 By Samuel Partida, Jr.

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.

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Filed Under: Knowing, Sex Case

Nonconsensual Dissemination of Private Sexual Images Is Clarified A Bit By Illinois Supreme Court

July 16, 2024 By Samuel Partida, Jr.

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.

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Filed Under: Sex Case Tagged With: Illinois Supreme Court, Nonconsensual Dissemination

Staleness Of A Search Warrant For Child Porn Should Never Be A Problem

May 10, 2024 By Samuel Partida, Jr.

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…]

Filed Under: Sex Case, Warrant

Morphed Child Porn Remains Highly Illegal

May 1, 2024 By Samuel Partida, Jr.

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…]

Filed Under: Child Porn Tagged With: Illinois Supreme Court

Be Careful With Old Charges That Have Been Re-Written

April 30, 2024 By Samuel Partida, Jr.

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. 

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Filed Under: Charges, Sex Case Tagged With: Illinois Supreme Court

Be Careful With Statutes In The Disjunctive

April 29, 2024 By Samuel Partida, Jr.

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…]

Filed Under: Charges, Sex Case Tagged With: Illinois Supreme Court

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