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.
[Read more…]Nonconsensual Dissemination of Sexual Images Requires Sending It To Another or Wide Public Dissemination
People v. Devine, 2022 IL App (2d) 210162 (March). Episode 936 (Duration 11:07)
The disseminator, “a person,” must publish or distribute to “another person” other than the disseminator.
[Read more…]Snapchat Grooming Conviction Upheld Even Though The Request for Sex Photos Was Not Explicit
People v. Hubbell, 2021 IL App (2d) 190442 (May). Episode 897 (Duration 8:34)
Defendant said one photo of his buttock did not constitute grooming because it was not a request for the child to send, in return, a photograph of her “sex organs.
[Read more…]Snapchat Photos Alone Do Not Create a Virtual Presence as Required By a Sexual Exploitation Charge
People v. White, 2021 IL App (4th) 200354 (March). Episode 883 (Duration 4:13)
Sexual Exploitation of a Child requires an actual presence or virtual presence.
[Read more…]The Roadmap To Properly Charging Failure To Register As A Sex Offender (SORA) Cases
People v. Sweigart, 2021 IL App (2d) 180543 (February). Episode 807 (Duration 13:37)
The language in the charging instrument effects exactly what the state does and does not have to prove in a SORA violation case.
[Read more…]How Do You Know When A Child Porn Picture Is Lewd Or Lascivious?
People v. Barger, 2020 IL App (3d) 160316 (August). Episode 806 (Duration 5:22)
Child porn conviction must be reversed because the picture was not lewd or lascivious.
[Read more…]Sex Offender At A Park Remains Unlawful Notwithstanding The Reason For Being There
People v. Legoo, 2020 IL 124965 (June). Episode 792 (Duration 9:56)
Conflicting statutes on sex offenders in a park aren’t really conflicting.
Read moreIs It Constitutional To Accept Children’s Testimony Through Closed Circuit Television?
People v. Pope, 2020 IL App (4th) 180773 (May). Episode 777 (Duration 6:49)
Here we have a clear statement from the court on the constitutionality of video evidence in child sex cases.
Read moreA Different Perspective On Bringing As Applied Challenges
People v. Rodriguez, 2019 IL App (1st) 151938-B (March). Episode 748 (Duration 7:30)
This first district court said Bringham does not preclude all as applied constitutional challenges.
Read moreDoes Bingham Create A Categorical Ban On All As-Applied Challenges?
People v. Kochevar, 2020 IL App (3d) 140660-B (February). Episode 747 (Duration 9:00)
3rd District Say Bingham prevents any kind of as-applied constitutional challenge to the SORA requirement.
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