Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Maurice D.

Court of Appeals of Illinois, Fourth District

May 29, 2015

In re: MAURICE D., a Minor,
v.
MAURICE D., Respondent-Appellant THE PEOPLE OF THE STATE OF ILLINOIS, Petitioner-Appellee,

Page 591

Appeal from Circuit Court of McLean County. No. 12JD47. Honorable Elizabeth A. Robb, Judge Presiding.

Michael J. Pelletier, Jacqueline L. Bullard, and Janieen R. Tarrance (argued), all of State Appellate Defender's Office, of Springfield, for appellant.

Jason Chambers, State's Attorney, of Bloomington (Patrick Delfino, David J. Robinson, and Linda Susan McClain (argued), all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

JUSTICE HARRIS delivered the judgment of the court, with opinion. Presiding Justice Pope and Justice Knecht concurred in the judgment and opinion.

Page 592

OPINION

HARRIS, J.

[¶1] Following a February 2013 bench trial, the trial court adjudicated respondent delinquent, finding the evidence supported a conviction for criminal sexual abuse (720 ILCS 5/11-1.50(c) (West 2010)) beyond a reasonable doubt. In April 2013, the court sentenced respondent to 12 months' conditional discharge and ordered him to serve 30 days in the McLean County jail, with credit for 7 days served. As a result of his conviction, respondent must register as a sex offender. 730 ILCS 150/3-5(a) (West 2010).

[¶2] Respondent appeals, asserting that the prosecution of a minor who engages in " consensual" sexual activity with another close-in-age minor for an imprisonable misdemeanor offense violates (1) the cruel and unusual punishment clause of the eighth amendment to the United States Constitution and the proportionate penalties clause of the Illinois Constitution and (2) substantive due process. We affirm.

[¶3] I. BACKGROUND

[¶4] In July 2012, the State filed a petition for adjudication of wardship alleging that respondent, born in 1994, committed the offense of criminal sexual abuse (720 ILCS 5/11-1.50(c) (West 2010)), a Class A misdemeanor (720 ILCS 5/11-1.50(d) (West 2010)). Specifically, the petition alleged that on or about August 22, 2011, respondent--who was 17 years old at the time--" knowingly committed an act of sexual penetration with D.F. involving the penis of respondent minor and the vagina of D.F.," and that the act was committed at a time when D.F. was at least 13 years old but under the age of 17 and respondent was less than 5 years older than D.F.

[¶5] On February 25, 2013, respondent's bench trial commenced. The specific details of the evidence presented are not relevant to the disposition of this appeal. We do note, however, the evidence revealed that D.F. was 15 years old and respondent was 17 years old at the time of the offense and that there was conflicting

Page 593

evidence on whether the female victim voluntarily engaged in the sexual act. At the close of evidence, the trial court adjudicated respondent delinquent, finding the State proved beyond a reasonable doubt that respondent committed the offense of criminal sexual abuse (720 ILCS 5/11-1.50(c) (West 2010)). The court did not offer an opinion regarding whether the female victim voluntarily engaged in the sexual act.

[¶6] On April 8, 2013, the trial court sentenced respondent to 12 months' conditional discharge and ordered him to serve 30 days in the McLean County jail, with credit for 7 days served. As a result of his conviction, respondent must register as a sex offender. 730 ILCS 150/3-5(a) (West 2010).

[¶7] This appeal followed.


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.