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People v. Hill

September 04, 2002

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
PATRICIA HILL, DEFENDANT-APPELLANT.
THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
NANCY PARIS, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Lake County. No. 00-CM-1199; No. 00-CM-775 Honorable Donald H. Geiger, Judge, Presiding.

The opinion of the court was delivered by: Justice Callum

Released for publication September 9, 2002.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
PATRICIA HILL, DEFENDANT-APPELLANT.
THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
NANCY PARIS, DEFENDANT-APPELLANT.

Appeal from the Circuit Court of Lake County. No. 00-CM-1199; No. 00-CM-775 Honorable Donald H. Geiger, Judge, Presiding.

The opinion of the court was delivered by: Justice Callum

PUBLISH

Following a jury trial, defendant Patricia Hill was convicted of soliciting for a prostitute (720 ILCS 5/11--15(a)(1), (a)(3) (West 2000)), and co-defendant Nancy Paris was convicted of prostitution (720 ILCS 5/11--14(a) (West 2000)). Each defendant was sentenced to one year of conditional discharge. The defendants appealed, and we consolidated the appeals. The defendants argue that section 11--14(a) of the Criminal Code of 1961 (the Code) (720 ILCS 5/11--14(a) (West 2000)), which defines prostitution, is unconstitutionally overbroad and vague. We affirm.

I. FACTS

Section 11--14(a) states:

"Any person who performs, offers or agrees to perform any act of sexual penetration as defined in Section 12--12 of this Code for any money, *** or any touching or fondling of the sex organs of one person by another person, for any money, *** for the purpose of sexual arousal or gratification commits an act of prostitution." (Emphasis added.) 720 ILCS 5/11--14(a) (West 2000).

Paris was charged with prostitution in that, for money and for the purpose of sexual arousal, she knowingly used her hand and buttocks to touch George Manis's penis. Hill was charged with soliciting Manis and directing him to a place for the purpose of prostitution. See 720 ILCS 5/11--15(a)(1), (a)(3) (West 2000).

The defendants moved to declare section 11--14(a) unconstitutional, arguing that it infringed on constitutionally protected expression. They further argued that the statute was vague for failing to define "sex organs" and for failing to specify whether it prohibited "any touching or fondling" through clothing. The trial court denied the motion.

We summarize only the evidence that is relevant to our analysis. Manis, a detective for the Lake County sheriff's department, testified as follows. On January 12, 2000, he performed an undercover investigation of a nightclub called Baby Dolls. Wearing a naval uniform, Manis entered the club, where various women were dancing in various stages of undress. Paris approached Manis and offered him a "fantasy dance." Manis accepted, walked to a booth, and paid $25 to a man who directed him to a chair.

After Manis was seated, Paris sat on his lap and began dancing, arousing him by rubbing her buttocks against his penis. The dance lasted through two songs. Manis was then approached by Hill, who explained that he could purchase a "sensual massage" from Paris. Manis paid $300 to Hill, who directed him to another booth. Paris sat next to Manis and put her legs across his. As music played, Paris unbuttoned Manis's shirt and rubbed his chest. She then used her right hand to rub his penis, arousing him. She resumed dancing on his lap, at one point "cupping" his penis and testicles in both hands. After about 30 minutes, Hill asked Manis whether he wanted to pay for additional time. Manis declined and left the club.

On cross-examination, Manis testified that his pants were never opened or removed. Paris never made "skin to skin" ...


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