| People v. Stork, No. 2-98-0667 2nd District, 28 June 1998 |
| THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RANDY STORK, Defendant-Appellant. | Appeal from the Circuit Court of Lake County. No. 98--CF--115 Honorable Christopher C. Starck, Judge, Presiding. |
JUSTICE RAPP delivered the opinion of the court:
Defendant, Randy Stork, appeals from his conviction of unlawful entry of school property by a child sex offender under former section 11--9.2 of the Criminal Code of 1961 (720 ILCS 5/11--9.2 (West Supp. 1997)) (the Act).(1) Following a stipulated bench proceeding, defendant was found guilty and sentenced to 24-months' probation. On appeal, defendant argues that section 11--9.3 is unconstitutional in that it (1) violates his right to procedural due process; (2) violates substantive due process by punishing innocent conduct; (3) is unconstitutionally vague; (4) criminalizes the status of being a former child sex offender, in violation of the eighth amendment (U.S. Const., amend. VIII); and (5) violates the proportionate penalties clause of the Illinois Constitution (Ill. Const. 1970, art. I,