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TopicSupreme Court upholds a law banning sex offenders from being in public parks.
SuperMariano3
04/19/18 3:34:48 PM
#1:


http://www.nwherald.com/2018/04/11/judge-agrees-to-reinstate-charges-against-registered-sex-offender-for-being-in-harvard-park/a972n92/

A recent Supreme Court opinion led to reinstated felony charges against a registered sex offender accused of breaking the law by being in a public park. Artaveus Lowe of Elgin was arrested in September after police accused him of being present at Milky Way Park in Harvard, according to a criminal complaint filed in McHenry County court. He subsequently was charged with being a child sex offender in a public park a felony offense typically punishable by one to three years in prison. The charge was dismissed, however, based on a February 2017 Illinois Appellate Court opinion in a separate case that found the charge unconstitutional. According to the appellate court, that portion of the law violated a persons rights because it punished innocent behavior and limited the rights of someone who has paid the penalty for his crime ...

Lowe previously has served a 10-year prison sentence for a Kane County conviction of aggravated criminal sexual abuse of a child from 1994. McHenry County Judge James Cowlin cited the appellate court decision as his basis for dismissing Lowes case in January. The Illinois Supreme Court, however, overruled that decision April 5, and McHenry County Assistant States Attorney Kyle Bruett filed a motion the next day asking Cowlin to reinstate the charges. The judge issued a warrant for Lowes arrest Wednesday morning. Lowe, who was convicted in Will County for the same charge, was at the park on one of the final days of the Harvard Balloon Fest, charging documents show. He was not accused of doing anything illegal at the park, aside from simply being there. The portion of the law Lowe is accused of breaking defines a public park as a park, forest preserve, bikeway, trail or conservation area. In Illinois, a registered sex offender against children can be charged for standing or sitting idly in any of those areas.


Wow. 1-3 years in prison for just standing/sitting in a park that is fucked up.
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