ILCS » Chapter 720 · Act 5

720 ILCS 5/11-9.4

(Repealed)

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(720 ILCS 5/11-9.4)
    Sec. 11-9.4. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 96-1551, eff. 7-1-11.)

    
Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 2003–2024 · leading case: People v. Leroy
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People v. Leroy (2005) illappct · cites it 8× “4(b-5) of the Criminal Code of 1961 (720 ILCS 5/11-9.4(b-5) (West 2002)) (hereinafter subsection (b-5)), reads in pertinent part as follows: "It is unlawful for a child sex offender to knowingly reside within 500 feet of a playground or a facility providing programs or services…”
People v. Pepitone (2018) ill · cites it 3× “According to the majority, those cases, "while very different in their facts, are significant * * * because the statutes at issue, like section 11-9.4-1(b), contain no culpable mental state" and "reach countless types of innocent conduct.”
People v. Pepitone (2018) ill · cites it 3× “¶7 Further, the majority noted that, unlike its repealed predecessor (see 720 ILCS 5/11-9.4(a) (West 2010)), which “actually attempted to tie the child sex offender’s presence to times when children were also present” ( 2017 IL App (3d) 140627, ¶ 21 ), section 11-9.”
In Re Phillip C. (2006) illappct · cites it 2× “3(a), (b), (b-5) (West 2002); 720 ILCS 5/11-9.4 (a), (b), (b-5) (West 2002).”
People v. Pepitone (2017) illappct · cites it 2× “Alexander ultimately arrested Pepitone for the criminal offense of being a sex offender in a public park (720 ILCS 5/11-9.4­ 1(b) (West 2012)). A first violation of the statute is a Class A misdemeanor; a second or subsequent violation is a Class 4 felony (720 ILCS 5/11-9.”
Chicago Transit Authority v. Amalgamated Transit Union, Local 241 (2010) illappct · cites it 2× “August 4, 2009 (adding 720 ILCS 5/11-9.4 (c-8)). However, the legislature's amendment did not include any restrictions for operating other types of vehicles, e.”
People v. Diestelhorst (2003) illappct · cites it 4× “4(a) of the Criminal Code of 1961 (the Code) (720 ILCS 5/11-9.4(a) (West 2000)). The defendant was sentenced to concurrent, six-year, extended-term sentences in the Department of Corrections on counts I and II.”
Kopf v. Kelly (2024) ill “Accordingly, the defendant argued that the provision of the Criminal Code prohibiting his presence in a public park (720 ILCS 5/11-9.4(b) (West 2016)) deprived parents who have been convicted of child sex offenses of their constitutional right to the society of their children…”
People v. Dodds (2014) illappct “1(a) (West 2006) (prohibiting sex offenders from qualifying for a school-bus driver permit); 720 ILCS 5/11-9.4(c) (West 2006) (making it unlawful for a child sex offender to be employed by any “facility providing programs or services exclusively directed towards persons under…”
People v. Pepitone (2017) illappct “) 720 ILCS 5/11-9.4(a) (West 2010) (repealed by Pub.”
Kopf v. Kelly (2024) ill “Accordingly, the defendant argued that the provision of the Criminal Code prohibiting his presence in a public park (720 ILCS 5/11-9.4(b) (West 2016)) deprived parents who have been convicted of child sex offenses of their constitutional right to the society of their children…”
People v. Leroy (2005) illappct · cites it 8× “4(b-5) of the Criminal Code of 1961 (720 ILCS 5/11-9.4(b-5) (West 2002)) (hereinafter subsection (b-5)), reads in pertinent part as follows: "It is unlawful for a child sex offender to knowingly reside within 500 feet of a playground or a facility providing programs or services…”
Show all 14 citing cases →
— 720 ILCS 5/11-9.4(a) — 5 cases
People v. Pepitone (2018) ill “According to the majority, those cases, "while very different in their facts, are significant * * * because the statutes at issue, like section 11-9.4-1(b), contain no culpable mental state" and "reach countless types of innocent conduct.”
People v. Pepitone (2018) ill “¶7 Further, the majority noted that, unlike its repealed predecessor (see 720 ILCS 5/11-9.4(a) (West 2010)), which “actually attempted to tie the child sex offender’s presence to times when children were also present” ( 2017 IL App (3d) 140627, ¶ 21 ), section 11-9.”
People v. Diestelhorst (2003) illappct “4(a) of the Criminal Code of 1961 (the Code) (720 ILCS 5/11-9.4(a) (West 2000)). The defendant was sentenced to concurrent, six-year, extended-term sentences in the Department of Corrections on counts I and II.”
People v. Pepitone (2017) illappct “Alexander ultimately arrested Pepitone for the criminal offense of being a sex offender in a public park (720 ILCS 5/11-9.4­ 1(b) (West 2012)). A first violation of the statute is a Class A misdemeanor; a second or subsequent violation is a Class 4 felony (720 ILCS 5/11-9.”
People v. Pepitone (2017) illappct “) 720 ILCS 5/11-9.4(a) (West 2010) (repealed by Pub.”
— 720 ILCS 5/11-9.4(b) — 2 cases
Kopf v. Kelly (2024) ill “Accordingly, the defendant argued that the provision of the Criminal Code prohibiting his presence in a public park (720 ILCS 5/11-9.4(b) (West 2016)) deprived parents who have been convicted of child sex offenses of their constitutional right to the society of their children…”
Kopf v. Kelly (2024) ill “Accordingly, the defendant argued that the provision of the Criminal Code prohibiting his presence in a public park (720 ILCS 5/11-9.4(b) (West 2016)) deprived parents who have been convicted of child sex offenses of their constitutional right to the society of their children…”
— 720 ILCS 5/11-9.4(c) — 3 cases
In Re Phillip C. (2006) illappct “3(a), (b), (b-5) (West 2002); 720 ILCS 5/11-9.4 (a), (b), (b-5) (West 2002).”
People v. Dodds (2014) illappct “1(a) (West 2006) (prohibiting sex offenders from qualifying for a school-bus driver permit); 720 ILCS 5/11-9.4(c) (West 2006) (making it unlawful for a child sex offender to be employed by any “facility providing programs or services exclusively directed towards persons under…”
Chicago Transit Authority v. Amalgamated Transit Union, Local 241 (2010) illappct “August 4, 2009 (adding 720 ILCS 5/11-9.4 (c-8)). However, the legislature's amendment did not include any restrictions for operating other types of vehicles, e.”
— 720 ILCS 5/11-9.4(e) — 3 cases
People v. Pepitone (2018) ill “According to the majority, those cases, "while very different in their facts, are significant * * * because the statutes at issue, like section 11-9.4-1(b), contain no culpable mental state" and "reach countless types of innocent conduct.”
People v. Pepitone (2018) ill “¶7 Further, the majority noted that, unlike its repealed predecessor (see 720 ILCS 5/11-9.4(a) (West 2010)), which “actually attempted to tie the child sex offender’s presence to times when children were also present” ( 2017 IL App (3d) 140627, ¶ 21 ), section 11-9.”
People v. Diestelhorst (2003) illappct “4(a) of the Criminal Code of 1961 (the Code) (720 ILCS 5/11-9.4(a) (West 2000)). The defendant was sentenced to concurrent, six-year, extended-term sentences in the Department of Corrections on counts I and II.”
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