from Circuit Court of McLean County No. 12CF1330 Honorable
Scott Daniel Drazewski, Judge Presiding.
JUSTICE STEIGMANN delivered the judgment of the court, with
opinion. Justices Appleton and Pope concurred in the judgment
1 Following a February 2014 bench trial, the trial court
convicted defendant, Conrad Allen Morger, of (1) aggravated
criminal sexual abuse (720 ILCS 5/11-1.60(d) (West 2010)) and
(2) criminal sexual abuse (720 ILCS 5/11-1.50(a)(1) (West
2010)). The court later sentenced defendant to (1) 180 days
in jail, which the court stayed, and (2) probation for 48
2 Defendant appeals, arguing that the State failed to prove
him guilty beyond a reasonable doubt of either charge.
Alternatively, defendant argues that (1) the conditions of
his probation were unreasonable, overly broad, and unrelated
to his conviction or rehabilitation; and (2) the trial court
erred by delegating its judicial discretion to the McLean
County court services department to determine an appropriate
sentence. For the following reasons, we affirm in part and
vacate in part.
3 I. BACKGROUND
4 A. The State's Charges
5 In January 2013, the State charged defendant with (1)
aggravated criminal sexual abuse and (2) criminal sexual
abuse. Each charge alleged that defendant's criminal
acts- perpetrated against his sister, K.M. (born September
22, 1997)-occurred between August 2010 and November 2012.
6 B. The State's Evidence
7 The following evidence was presented by the State at
defendant's February 2014 bench trial.
8 In December 2012, Normal police department detective
William Angus observed an interview that a Department of
Children and Family Services (DCFS) investigator conducted
with K.M. Statements K.M. made during that interview caused
Angus to interview defendant (born May 14, 1992) later that
same month. A recording of Angus's interview with
defendant- which was played for the trial court-revealed the
9 Defendant began the interview by admitting to Angus that he
had "messed up" and had done "something
terrible to [K.M.]." Defendant recalled that K.M. was
seated on the living room couch located in their parents'
home when he "touched [K.M.] inappropriately" on
her "private parts." When Angus asked whether
defendant had touched K.M.'s vagina and breasts,
defendant nodded affirmatively and said, "Yes, both,
" adding, "as far as I remember." Defendant
added that he made skin-to-skin contact with K.M.'s
breasts and rubbed her vagina underneath her clothing with
his hand. During his touching, K.M. did not say "a whole
lot." Defendant could not remember how he manipulated
K.M.'s clothes to touch her breasts and vagina.
Afterward, defendant told K.M. that "we couldn't do
it again" and "not to tell mom and dad."
Defendant could not provide the date when this specific
incident occurred but estimated that it happened more than a
year earlier, when he was a high school junior. Defendant
approached K.M. at that time because he was "horny"
and "it seemed like a good idea for whatever
10 Angus told defendant he had information that defendant
inappropriately touched K.M. on three different occasions.
Defendant admitted that (1) although he could not recall how
many times he had done so, his inappropriate touching
occurred "more than once"; (2) he "touched
[K.M.] everywhere"; (3) the first incident occurred when
he was "probably a junior" in high school; (4) the
last incident occurred when he was in high school; and (5) in
May 2010, he graduated high school. Defendant stated that he
had "touched [K.M.] and made [K.M.] touch me."
Although defendant did not "think it was that abrupt,
" he "was sure" that he grabbed K.M.'s
hand and placed it on his penis.
11 Defendant stated that "the same stuff, the same
things happened" during the subsequent incidents, but he
reiterated that he could not remember how many additional
times he had inappropriately touched K.M. Defendant denied
that he had inappropriately touched K.M. in the past year.
When Angus asked again whether defendant had touched
K.M.'s breasts or vagina, defendant replied,
"I'm sure I did both times. I am sure I did both
12 At one point, Angus stopped questioning defendant and left
the interview room. Before leaving, Angus provided defendant
a pad of paper so that he could write down any information
that might cause him to remember dates and times.
Defendant's subsequent notes, which were admitted into
evidence, revealed the following:
"I did it for my own urge. I don't know when I
thought it would be a good idea, but I did. And then I did it
again more times. Not frequently like once a day. Other than
because felt [sic] terrible about it, I don't
know why it was sporatic [sic]. I really do want to
get help. I want [K.M.] to get as much as she needs too.
Because it's my fault she needs in the first place
[sic]. I can't remember how many times it
happened, I know I did it more than once, I know touched
[sic] her everywhere. I am so sorry I caused [K.M.]
13 Connie Morger, defendant's mother, testified that
prior to K.M.'s December 2012 interview at the child
advocacy center, K.M. told her about defendant's
inappropriate touching. When Connie and her husband, Rob
Morger (the biological father of K.M. and defendant),
confronted defendant, he would neither confirm nor deny
K.M.'s accusation. Connie and Rob immediately
"removed" defendant from their home to ensure
K.M's safety. Thereafter, K.M. received counseling to
address her "guilt, embarrassment, and remorse."
14 K.M., who was then 16 years old, testified that the
"incidents" with defendant occurred "more than
twice." The following exchange occurred:
"Q. [Assistant State's Attorney]: *** In a general
sense, what are the parts of your body that people
A. [K.M.]: Your body, because it's your own body.
It's your own personal space.
Q. *** But are there some parts that are more private than
Q. *** What are those parts?
A. Your legs and your chest and your head.
Q. *** [I]s it appropriate if someone touches your butt? A.
Q. And you said your chest. Are we talking about all your
Q. -or are we talking about your breasts?
A. All of it.
Q. *** [I]s it appropriate if someone touches your vagina?
Q. *** Were any of those body parts the ones that were