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In re Zachariah Mc.

December 2, 2002

IN RE: ZACHARIAH MC., A MINOR,
THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE,
v.
ZACHARIAH MC., RESPONDENT-APPELLANT.



Appeal from Circuit Court of Vermilion County No. 01JD20 Honorable Michael D. Clary, Judge Presiding.

The opinion of the court was delivered by: Justice Steigmann

UNPUBLISHED

In March 2001, respondent, Zachariah Mc. (born in March 1986), admitted that he committed the offense of aggravated criminal sexual abuse (720 ILCS 5/12-16(b) (West 2000)), as alleged in a delinquency petition the State had filed against him. The trial court later committed him to the Department of Corrections, Juvenile Division (DOC). The court also denied respondent's motion for exemption from the requirements of the Sex Offender Registration Act (Registration Act) (730 ILCS 150/1 through 12 (West 2000)), because he was a juvenile sex offender.

Defendant appeals, arguing only that the trial court erred when it denied his motion for exemption from the Registration Act. We affirm.

I. BACKGROUND

Respondent's victim was a seven-year-old girl to whom he had access. The State originally charged him in a delinquency petition with (1) aggravated criminal sexual assault (720 ILCS 5/12-14(b)(i) (West 2000)) (count I), and (2) aggravated criminal sexual abuse (720 ILCS 5/12-16(b) (West 2000)) (count II). Pursuant to an agreement with the State, respondent admitted to count II, and count I was dismissed. The parties had no agreement regarding a disposition.

In May 2001, the trial court conducted a dispositional hearing and sentenced respondent to DOC. In August 2001, respondent filed a motion for exemption from the requirements of the Registration Act. The court denied that motion, and this appeal followed.

II. ANALYSIS

Respondent argues that the trial court erred by denying his motion for exemption from the Registration Act because it does not apply to juvenile sex offenders. We disagree.

The Second District Appellate Court (In re Nicholas K., 326 Ill. App. 3d 497, 761 N.E.2d 352 (2001), appeal pending, No. 93908) and the Third District Appellate Court (In re Ben S., 331 Ill. App 3d 471, 771 N.E.2d 1133 (2002), petition for leave to appeal pending, No. 94221) both recently addressed this same issue and reached contradictory conclusions. We agree with the Third District's decision in Ben S., which held that juvenile sex offenders are not exempted from the requirement to register under the Registration Act. Ben S., 331 Ill. App. 3d at 472-73, 771 N.E.2d at 1134.

In Ben S., the court wrote the following:

"Before July 1, 1999, section 3 of the Act provided that '[a] sex offender *** shall *** register in person' with a prescribed law enforcement official. 730 ILCS 150/3(a) (West 1998). The term 'sex offender' was defined in section 2 as, inter alia, 'any person' who is charged with, and convicted of, a sex offense. 730 ILCS 150/2(A)(1)(a) (West 1998). Effective July 1, 1999, the legislature amended section 2 by adding the following definition:

'"Juvenile sex offender" means any person who is adjudicated a juvenile delinquent as the result of the commission of or attempt to commit a violation set forth in item (B), (C), or (C-5) of this [s]section or a violation of any substantially similar federal, sister state, or foreign country law. For purposes of this [s]section "convicted" shall have the same meaning as "adjudicated".' 730 ILCS 150/2(A-5) (West 2000).

The amendment did not change the definition of a 'sex offender' or the requirement in section 3 that such ...


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