People v. Pepitone (Ill. 2018)

People v. Pepitone, 106 N.E.3d 984 (Ill. 2018)

Nature of Case: Appellant had been convicted of a sexual offense 14 years in the past and was required to register. Appellant successfully completed his registration requirement and, in 2013, was present in a city park where he was arrested for violating Illinois’ law that banned “sexual predators or child sex offenders” from being present “in any public park building or on real property comprising any public park.” Appellant was charged and moved to dismiss in the trial court on a number of constitutional grounds. Appellant was convicted of the offense and appealed. Illinois Court of Appeals reversed the conviction on the grounds that it held the statute violated Substantive Due Process. Illinois Supreme Court then granted review.

Holding:  Illinois Supreme Court reversed the decision of the Illinois Court of Appeals, and held that Appellant’s conviction was not in violation of Substantive Due Process. Court held that the statute bore a rational relationship to a legitimate government interest. Court further remanded the case to the Illinois Court of Appeals for consideration of an as-applied Ex Post Facto claim.