People v. Doll ( 2007 )

No. 2--05--0484 Filed 3/12/07
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Du Page County.
)
Plaintiff-Appellee, ) No. 04--CF--2514
)
v. )
)
DAVID A. DOLL, ) Honorable
) Robert J. Anderson,
Defendant-Appellant. ) Judge, Presiding.
______________________________________________________________________________
JUSTICE BYRNE delivered the opinion of the court:
Following a bench trial, defendant, David A. Doll, was convicted of unlawful restraint (720
ILCS 5/10--3(a) (West 2004)) and sentenced to six years' imprisonment. Because defendant was
convicted of unlawful restraint of a minor, defendant was required to register as a sex offender
pursuant to the Sex Offender Registration Act (Registration Act) (730 ILCS 150/2(B)(1.5), 3(a)
(West 2004)). He appeals, contending that (1) the State failed to prove him guilty of unlawful
restraint beyond a reasonable doubt; and (2) the Registration Act is unconstitutional as applied to
him because his crime did not involve any sexual motivation or component. For the reasons stated,
we affirm his conviction and uphold the constitutionality of the Registration Act as it applies to him.
Defendant was charged by indictment with child abduction (720 ILCS 5/10--5(b)(10) (West
2004)), unlawful restraint (720 ILCS 5/10--3(a) (West 2004)), and sexual exploitation of a child (720
ILCS 5/11--9.1(a--5) (West 2004)). The charges arose from an incident that occurred on June 29,
No. 2--05--0484
2004, at the apartment complex where defendant was employed as a janitor. On the charge of
unlawful restraint, the State alleged that defendant knowingly and without legal authority detained
six-year-old Tyeria L., in that he took her into a closed staircase (referred to at trial as the fire escape
stairway), picked up Tyeria, and held her upside down.
At the bench trial, Tyeria was seven years old. Tyeria testified that on the day in question,
she lived in an apartment with her mother and brothers. Tyeria testified that she and her friends,
Jenique and Ojamei, were cheerleading for Tyeria's brother, who was playing football. After
cheerleading, Tyeria and her friend T.T. saw defendant outside the apartment watering plants. Tyeria
identified defendant in court. T.T. asked defendant to spray them with the hose. Defendant sprayed
Tyeria and T.T.
After she finished playing, Tyeria went back into the apartment building and sat on the
hallway steps inside the front entrance. She saw defendant washing the front windows in the hallway
entrance. Defendant asked Tyeria if she wanted to do somersaults, but she did not respond. Tyeria
stated that defendant then "grabbed" her and "took" her to the fire escape stairway. Tyeria stated
that, once there, defendant "jumped me up, and then he grabbed my pants, and my pants fell down."
Using a doll, Tyeria demonstrated what had occurred. Tyeria held the doll upside down by its
ankles, lifted the doll up, held it at the waist, and then slid her hands up and stated that defendant
"grabbed" her pants and her "pants came down" to her feet. Tyeria told defendant to put her down
and he put her down. She did not cry. The prosecutor asked Tyeria to demonstrate how long
defendant held her, telling her to say "start" to represent when she was first held by the ankles and
to say "stop" to represent when defendant put her down. The record reflects that the demonstration
took about 15 seconds. Tyeria stated that she returned to the park after defendant let her go.
-2-
No. 2--05--0484
Tyeria testified that she wore capri pants that day, which were loose because they were a little
too big. Tyeria stated that she usually wore a belt with those pants but did not on that day. When
Tyeria arrived at the park, she told her two brothers and her two cousins what had happened. Tyeria
did not tell her mother about the incident until the following day.
On cross-examination, Tyeria testified that defendant pulled her into the fire escape stairway
and she told defendant that she did not want to go there. When asked whether she told her mother
that she had agreed to go with defendant, Tyeria responded that she did not tell her that she had
agreed to go. Tyeria reiterated that her pants fell down because defendant grabbed them.
Patrick Dempsey, a police officer who investigated the incident, testified that when he asked
defendant what had happened, defendant at first denied knowing anything. Later, defendant told
Dempsey that he remembered a little girl asking if she could help him wash the windows. At first,
defendant denied that the little girl actually washed the windows, but he later said that the little girl
used a squeegee to wash the windows. When Dempsey asked defendant if he knew the girl,
defendant denied having seen her before, but he later stated that he had seen her in the complex and
talked to her a few times and that, possibly, he fixed her bike. When confronted about the accusation
against him, defendant denied ever touching or picking up Tyeria or taking her to the fire escape
stairway. Dempsey testified that defendant made a point of telling him that he liked kids and
protected them. Dempsey stated that he kept telling defendant about what Tyeria had stated; that
defendant picked her up, flipped her over, took her clothes off, and took her into the fire escape area.
Dempsey told defendant that Tyeria was a very believable girl. At that point, defendant admitted to
Dempsey that he picked up the little girl at the waist so she could wash the windows, that she moved
around, and that she did flip over. After initially denying that Tyeria's top fell over her face when
-3-
No. 2--05--0484
she flipped over, and that her pants came down to her ankles, defendant told Dempsey that, when
he picked the girl up, she flipped over and her head was facing the floor and her top came down over
her face, exposing her chest and back area. Defendant explained to Dempsey that he was holding
Tyeria and her pants at her ankles so she would not hit the floor. Defendant stated that, after the little
girl started screaming and tried to get down, he put her down and then she ran out the door.
Defendant wrote the following statement about the events, which Dempsey read to the court:
"On Monday, 6/28/04, a little girl *** had approached custodian David Doll in the
foyer requesting work to wash the windows. I observed her doing the lower windows. Then
she asked me to pick her up so she could wash the upper part of the window, when done I
held a grasp of her coming down but she twirled upside down, by her wearing loose clothes
[illegible] come down exposing her chest/underwear[,] while I grabbed hold of her ankles
to prevent her from falling and being injured -- I am sorry if you thought I were [sic]
(attempting) to victimize your daughter in any way[,] but I don't associate with criminal
activity and for 'god' nothing as to what you may think had happened here as you listened to
your daughter[']s story."
Dempsey admitted that when he spoke to Tyeria, she did not say that defendant had touched
her in any sexual area. Dempsey further stated that Tyeria never told him that she had told defendant
that she did not want to go to the fire escape staircase. Tyeria did not tell Dempsey that defendant
grabbed her pants or pulled them down.
On redirect, Dempsey stated that, at the time he interviewed defendant, Tyeria had told
Dempsey that a man came to her, grabbed her by the arm, and walked her into the fire escape
-4-
No. 2--05--0484
stairway. Dempsey testified that his interview with defendant lasted about an hour and during that
time he changed his story at least four times.
Crystalon Gardner, Tyeria's mother, testified that Tyeria had told her that she had agreed to
go into the fire escape staircase with defendant; that defendant did not force her or take her to the
fire escape staircase against her will. Gardner explained that the fire escape staircase is used by the
tenants to exit the apartment building and to access the laundry area.
Following closing argument, the trial court found defendant not guilty of child abduction and
of sexual exploitation of a child, because the court did not believe that the State had proved "the
sexual gratification part by proof beyond a reasonable doubt." However, the court found defendant
guilty of unlawful restraint. As to the unlawful restraint charge, the court noted that it found Tyeria's
testimony to be clear, credible, and convincing. The court further stated that it believed the
testimony of the officer and concluded that defendant's shifting from one position to another was
evidence of a guilty conscience. The trial court further observed that, because defendant was found
guilty of unlawful restraint, he was required to register as a sex offender. See 730 ILCS
150/2(B)(1.5), 3(a) (West 2004).
Defendant filed a motion for a new trial and a motion to declare the Registration Act
unconstitutional, which were denied. Defendant was sentenced to an extended term of six years'
imprisonment. The trial court denied his motion to reconsider his sentence. Defendant timely
appeals.
Defendant first contends that the State failed to prove him guilty of unlawful restraint beyond
a reasonable doubt. On review, a conviction will not be set aside on grounds of insufficient evidence
unless the proof is so improbable or unsatisfactory that there remains a reasonable doubt as to the
-5-
No. 2--05--0484
defendant's guilt. People v. Collins, 106 Ill. 2d 237, 261 (1985). The relevant inquiry is whether,
after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact
could have found the essential elements of the crime beyond a reasonable doubt. People v.
Cunningham, 212 Ill. 2d 274, 278 (2004); Collins, 106 Ill. 2d at 261.
Defendant argues that he was not proved guilty of unlawful restraint beyond a reasonable
doubt because Tyeria's testimony was unreliable and contradicted by Gardner and Dempsey.
According to defendant, Tyeria's testimony was unreliable based on her young age, the fact that she
could not recall with certainty her activities that day, and the fact that the State coached her answers.
Defendant argues that since Tyeria received coaching for the uncomplicated task of identifying
defendant, it is reasonable to assume that she also received coaching on other important matters.
Defendant further points out that Tyeria testified that defendant pulled her onto the fire
escape staircase, but her mother testified that Tyeria told her that she agreed to go there with
defendant and that defendant did not force her or take her against her will. Defendant also points
to Dempsey's testimony that Tyeria did not tell Dempsey that she had told defendant that she did not
want to go onto the fire escape staircase or that defendant had "grabbed" or "pulled" down her pants.
Defendant asserts that, if the incident had been an illegal detention against Tyeria's will, Tyeria
would have attached considerable significance to the fact that her pants fell down, but instead Tyeria
told Dempsey that she was more upset about not wearing a belt that day than about her pants falling
down.
In a bench trial, the circuit court determines the credibility of the witnesses, evaluates the
evidence, and resolves any inconsistencies therein. People v. Ortiz, 188 Ill. App. 3d 506, 514 (1989).
The testimony of a single eyewitness is sufficient to sustain a conviction. People v. Ramos, 339 Ill.
-6-
No. 2--05--0484
App. 3d 891, 901 (2003). A reviewing court will not substitute its judgment for that of the trier of
fact on questions involving the weight of the evidence or the credibility of witnesses unless the
evidence is so palpably contrary to the judgment or so unreasonable, improbable, or unsatisfactory
as to create a reasonable doubt of the defendant's guilt. Ramos, 339 Ill. App. 3d at 901.
In this case, the trial court was aware of Tyeria's age, the time that had passed since the
incident, Tyeria's difficulty in articulating the meaning of a lie, and the appearance of coaching, as
these points were argued by the defense at trial. These issues, while not insignificant, relate
primarily to collateral matters. Moreover, we do not find that Tyeria impeached her testimony that
defendant grabbed her and took her through a door, "jumped" her up, and grabbed her pants and
pulled them down to her ankles just because she attached some significance to the fact that she forgot
to wear her belt. Additionally, the trial court also was aware of the contradicting evidence between
Tyeria and Gardner regarding whether defendant grabbed Tyeria's arm and pulled her to the fire
escape stairway or whether Tyeria was not forced to go. Although Gardner's statement contradicts
Tyeria's, Tyeria told Gardner the day after the incident and there is no indication regarding Tyeria's
disposition or the circumstances surrounding that conversation. Regardless, Tyeria's testimony that
defendant took her to the fire escape stairway against her will was remarkably unyielding at trial.
Tyeria testified clearly and convincingly regarding her encounter with defendant, and the trial court
found Tyeria's testimony more credible. Furthermore, that the trial court chose to give defendant the
benefit of the doubt on the other charges does not, in our minds, diminish Tyeria's credibility
regarding the offense of unlawful restraint.
-7-
No. 2--05--0484
Defendant asserts that the State's failure to call Tyeria's brothers and cousins to testify
concerning what Tyeria told them after the incident gives rise to the inference that their testimony
would have been unfavorable to the State's case. We disagree.
As a general rule, if a potential witness is available and appears to have special information
relevant to the case, so that his testimony would not merely be cumulative, and the witness's
relationship with the State is such that he would ordinarily be expected to favor it, the State's failure
to call the witness may give rise to a permissible inference that, if the witness were called, the
witness's testimony would have been unfavorable to the State's case. People v. Jimerson, 69 Ill. App.
3d 403, 412 (1979); People v. Irby, 237 Ill. App. 3d 38, 68 (1992). Such a negative inference is
permissible only under certain circumstances: for example, where the State fails to call a witness
who possesses unique knowledge of a crucial, disputed issue of fact (People v. Williamson, 78 Ill.
App. 2d 90 (1966)), or where the government has caused the absence of a material witness (People
v. Williams, 40 Ill. 2d 367 (1968)). However, no negative inference is raised when the witness is
also known and available to the defense yet is not called by it. Irby, 237 Ill App 3d at 69; People v.
Zenner, 84 Ill. App. 3d 566, 571-72 (1980).
We observe that defendant argued at trial that the State's failure to call any of Tyeria's
brothers or cousins to testify would give rise to a negative inference. The trial court disagreed,
noting that the State's option to call a witness to testify was a matter of trial strategy. The court,
however, did grant defendant the time to call the witnesses if he felt that their testimony would
impeach Tyeria's, but defendant did not call any of them to testify. Thus, defendant cannot assert
that the witnesses were not equally available to him, and he cannot raise a negative-inference
argument.
-8-
No. 2--05--0484
In any event, even if we were to assume that the State's failure to call the witnesses would
give rise to such a negative inference, this would not warrant the reversal of defendant's conviction.
" '[I]t is fundamental that the [State] may accept the risk of negative inferences [arising] from the
unexplained absence of a witness so long as the offense is otherwise proved.' " People v. Scott, 38
Ill. 2d 302, 306 (1967), quoting People v. McElroy, 30 Ill. 2d 286, 290 (1964). The testimony of the
complainant need not be corroborated and need not be unequivocal. Rather, the complainant's
testimony, when viewed in the light most favorable to the prosecution, must support a finding by a
rational trier of fact that the essential elements of the crime were proved beyond a reasonable doubt.
People v. Soler, 228 Ill. App. 3d 183, 197 (1992). Here, the State presented sufficient competent
evidence through Tyeria's testimony to establish defendant's commission of the offense of unlawful
restraint when defendant knowingly, without legal authority, detained Tyeria. See 720 ILCS 5/10--
3(a) (West 2004).
In sum, the trial court knew about the contradictions and nevertheless found defendant guilty
of unlawful restraint based primarily on what it believed to be the clear, credible, and convincing
testimony of Tyeria. After viewing the complainant's testimony in the light most favorable to the
State, we conclude that a rational trier of fact could have found the essential elements of the crime
beyond a reasonable doubt.
Defendant next contends that the Registration Act is unconstitutional as applied to him,
because his crime did not involve any sexual motivation or sexual component and therefore should
not be included as a sex offense. Because defendant's argument presents questions of law--statutory
construction and constitutional validity--our standard of review is de novo. People v. Malchow, 193
Ill. 2d 413, 418 (2000).
-9-
No. 2--05--0484
The Registration Act provides in part:
"(A) *** '[S]ex offender' means any person who is:
(1) charged pursuant to Illinois law, or any substantially similar federal, ***
sister state, or foreign country law, with a sex offense set forth in subsection (B) of
this Section or the attempt to commit an included sex offense, and:
***
(B) As used in this Article, 'sex offense' means:
***
(1.5) A violation of any of the following Sections of the Criminal Code of
1961, when the victim is a person under 18 years of age, the defendant is not a parent
of the victim, and the offense was committed on or after January 1, 1996:
10--1 (kidnapping),
10--2 (aggravated kidnapping),
10--3 (unlawful restraint),
10--3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses." 730 ILCS 150/2 (West
2004).
In this case, defendant was convicted of unlawful restraint and was required to "register [as a sex
offender] in person and provide accurate information as required by the Department of State Police,"
pursuant to section 3(a) of the Registration Act (730 ILCS 150/3(a) (West 2004)).
The Registration Act was enacted by the Illinois legislature to create an additional method
of protecting children from, inter alia, the increasing incidence of sexual assault and sexual abuse.
-10-
No. 2--05--0484
84th Ill. Gen. Assem., House Proceedings, June 23, 1986, at 208. The Registration Act was designed
to aid law enforcement agencies by making the offender's address readily available to law
enforcement agencies. People v. Adams, 144 Ill. 2d 381, 387 (1991) (a case involving a parent and
a charge of criminal sexual assault); see also Malchow, 193 Ill. 2d at 420 (a case involving
aggravated criminal sexual abuse).
Defendant appears to base his argument on substantive due process grounds in that he seeks
to bar the government from arbitrarily exercising its power without the reasonable justification of
serving a legitimate interest. See Daniels v. Williams, 474 U.S. 327, 331, 88 L. Ed. 2d 662, 668, 106
S. Ct. 662, 665 (1986). Since the challenged statute does not affect a fundamental constitutional
right, we must apply the rational-basis test to determine whether the statute violates due process.
Russell v. Department of Natural Resources, 183 Ill. 2d 434, 446-47 (1998). The Registration Act
must bear "a reasonable relationship to the public interest intended to be protected, and the means
adopted must be a reasonable method of accomplishing the desired objective." Russell, 183 Ill. 2d
at 447. "In applying this test, we identify the public interest that the statute is intended to protect,
examine whether the statute bears a reasonable relationship to that interest, and determine whether
the method used to protect or further that interest is reasonable." People v. Lindner, 127 Ill. 2d 174,
180 (1989).
"Under the rational-basis test, a statute is presumed to be valid, and the party challenging the
statute has the burden of proving that the statute is irrational. [Citations.] As long as there is a
conceivable basis for finding a rational relationship, the law will be upheld. [Citations.]" People
v. Kohrig, 113 Ill. 2d 384, 398 (1986); see also Lulay v. Lulay, 193 Ill. 2d 455, 469 (2000) (holding
that a statute is presumed constitutional and that the challenger has the burden of rebutting that
-11-
No. 2--05--0484
presumption). We must consider " ' "the statute in its entirety, noting the subject it addresses and
the legislature's apparent objective in enacting it." ' [Citations]." Lindner, 127 Ill. 2d at 181.
After reviewing all the provisions of the Registration Act, we find it clear that every
provision relates to the registration of convicted offenders of children's personal safety as defined
by the act. The manifest purpose of the Registration Act is to help law enforcement protect children
from child abduction, kidnapping, unlawful restraint, sexual assault, and sexual abuse by making the
offender's current address "available to law enforcement agencies, which may then question and, if
necessary, detain him under appropriate circumstances." Adams, 144 Ill. 2d at 387.
After finding that the public interest is served by the Registration Act, we must then
determine whether there is a rational relationship between the statute and the interest served.
Lindner, 127 Ill. 2d at 179; Kohrig, 113 Ill. 2d at 398. The Registration Act serves no purpose other
than governing the registration of sex offenders and the release of their identities and addresses in
the State of Illinois. It is evident that a rational relationship exists between the principle and the
means of actualizing that principle. People v. Fuller, 324 Ill. App. 3d 728, 732 (2001). The
Registration Act serves the universal principle of protecting children from harm. The legislature has
decided to protect the children of Illinois by enabling law enforcement officials to more easily locate
prior offenders. The Registration Act is thus reasonably related to the public interest of protecting
children from harm.
The finding of a reasonable relationship between the statute and the public interest allows
us to advance to the final step: determining whether the method used by the Registration Act is
reasonable. Russell, 183 Ill. 2d at 446-47. The Registration Act requires any convicted sex offender
to register with the chief of police of the municipality or county where he or she resides for more
-12-
No. 2--05--0484
than 10 days. 730 ILCS 150/3(a) et seq. (West 2004). The offender must provide his date of birth
and update any changes in his home address, work address, and employer for either 10 years or the
rest of his or her natural life. 730 ILCS 150/6 through 8--5 (West 2004).
The supreme court has articulated on this final step of the rational-basis analysis. "As the
legislative debates indicate, the public interest to be served by the Registration Act is the assistance
to law enforcement in the protection of children. *** We find nothing unreasonable in the statute's
method of serving its purpose. *** There is a direct relationship between the disability, the
registration of child sex offenders, and the purpose served by the statute, the protection of children."
Adams, 144 Ill. 2d at 390-91.
Defendant alleges the absence of a rational connection between the offense of unlawful
restraint and the purpose of the Registration Act. Like a few defendants before him, he alleges
nothing more than the unfairness of being branded a sex offender when his crime was not sexually
motivated. See People v. Beard, 366 Ill. App. 3d 197 (2006); People v. Johnson, 363 Ill. App. 3d
356 (2006), appeal allowed, 218 Ill. 2d 550 (2006); Fuller, 324 Ill. App. 3d 728.
For example, in Fuller, the defendant stole a van while the owner went into a store, leaving
his two children, a girl and a boy, ages 6 and 15, inside the van. Based on the children's presence
in the stolen van, the defendant was convicted of aggravated kidnapping of the minors and, therefore,
was required to comply with the Registration Act. Fuller, 324 Ill. App. 3d at 731. The defendant
challenged the Registration Act as applied to him, on due process grounds. Fuller, 324 Ill. App. 3d
at 731. The court observed that every provision of the Registration Act relates to registration of
convicted sex offenders and that the act serves the purpose of governing sex offender registration
and the release of such information. Fuller, 324 Ill. App. 3d at 732. The court further noted that the
-13-
No. 2--05--0484
legislature intended to protect the children of Illinois from sex crimes by creating the Registration
Act, which allows law enforcement officials to more easily locate child sex offenders. Fuller, 324
Ill. App. 3d at 732-33. Thus, the court concluded that the Registration Act was reasonably related
to the public interest of protecting children from harm and rejected the defendant's argument that
aggravated kidnapping has no relationship to the Registration Act's purpose of protecting children
from sex offenders. Fuller, 324 Ill. App. 3d at 733.
In Fuller, however, there was some evidence of a "sexual component" to the defendant's
crime. The arresting officer testified that, when he asked the defendant what he intended to do with
the children whom he kidnapped, the defendant told the officer that " 'he was going to find a hotel
room and ask the girl if she had any friends.' " Fuller, 324 Ill. App. 3d at 733. In this case, defendant
contends that there is absolutely no evidence of a sexual component to his crime and that the law is
arbitrarily applied to him without the justification of serving the purpose of the Registration Act.
That argument was recently espoused in People v. Johnson, 363 Ill. App. 3d 356 (2006), which
defendant urges us to follow.
In Johnson, the defendant pleaded guilty to aggravated kidnapping, which automatically
classified him as a sex offender pursuant to the Registration Act. See 730 ILCS 150/2(B)(1.5) (West
2000). Johnson, like defendant in this case, contended that the Registration Act was arbitrary and
unreasonable when no sexual motivation was involved. Johnson, 363 Ill. App. 3d at 363. The First
District, Second Division, Appellate Court agreed. Distinguishing the case from Fuller, and relying
on other jurisdictions that had reached similar decisions, the court found that there was no rational
basis for requiring the defendant to register as a sex offender where he had no history of committing
-14-
No. 2--05--0484
sex offenses and his offense of aggravated kidnapping was not sexually motivated and had no sexual
purpose. Johnson, 363 Ill. App. 3d at 363.
The dissent in Johnson noted, however, that it is the nature of the offense--aggravated
kidnapping--that triggers the Registration Act, not the presence of a sexual component. Johnson,
363 Ill. App. 3d at 364 (Wolfson, J., specially concurring in part and dissenting in part). Moreover,
the dissent found it rational for the legislature to reason that a person who kidnaps a child may
commit a sexual crime against that child. Johnson, 363 Ill. App. 3d at 364-65 (Wolfson, J., specially
concurring in part and dissenting in part). The dissent further commented that the legislature had
the power to protect children from a person convicted of aggravated kidnapping by requiring that
person to register as a sex offender. Johnson, 363 Ill. App. 3d at 365 (Wolfson, J., specially
concurring in part and dissenting in part); see also In re Phillip C., 364 Ill. App. 3d 822 (2006)
(largely relying on Fuller but noting the majority opinion in Johnson).
Defendant acknowledges that Johnson was rejected by the majority in Beard, 366 Ill. App.
3d 197. There, the defendant argued that the Registration Act was unconstitutional as applied,
because his crime of aggravated kidnapping of two children did not have a sexual component. The
First District, Fifth Division, Appellate Court held that the statute does not require such blatant
evidence of a sexual component and that aggravated kidnapping was included in the statute because
the General Assembly deemed that aggravated kidnapping often is a precursor to more grievous sex
offenses. Beard, 366 Ill. App. 3d at 202.
The Beard court followed what it deemed to be a valid argument presented by the dissent in
Johnson. Beard, 366 Ill. App. 3d at 203. The court pointed out that the aggravated kidnapping
statute lists eight different methods of committing aggravating kidnapping, only one of which
-15-
No. 2--05--0484
specifically mentions children (see 720 ILCS 5/10--2(a)(2) (West 2002)). However, the Registration
Act classifies aggravated kidnapping as a sex offense only if the victim of the aggravated kidnapping
is younger than 18 years of age and the putative kidnapper is not the victim's parent (730 ILCS
150/2(B)(1.5) (West 2002)). Thus, the court concluded that the sex offender registration and
notification provisions are not triggered in every aggravated kidnapping case but only when the
victim of the kidnapping is a youth who is taken by someone other than a parent. Beard, 366 Ill.
App. 3d at 203. These qualifying characteristics support the conclusion that a sexual component is
immaterial for purposes of protecting children from triggering offenses. The court further surmised
that the General Assembly had a rational basis to apply the registration and notification requirements
based on its view that kidnappers of children, those convicted of the unlawful restraint of children,
or those who attempt those offenses, may have a propensity to commit sexual crimes against
children. Beard, 366 Ill. App. 3d at 203.
We agree with the reasoning employed by the majority in Beard and the dissent in Johnson.
We find that the General Assembly had a rational basis to apply the Registration Act to those
convicted of the unlawful restraint of children, because those defendants may have a greater
propensity to harm a child. It is the nature of the offense of unlawful restraint as well as the age of
the victim that trigger the Registration Act, and it is rational for the legislature to reason that a person
other than the child's parent who unlawfully restrains a child is more likely to harm the child. As
stated by the Beard court: "It is not the role of this court to override the General Assembly's rational
basis for the statute." Beard, 366 Ill. App. 3d at 203. Accordingly, we conclude that the application
of the Registration Act to defendant does not violate his due process rights. We believe the relevant
-16-
No. 2--05--0484
portions of the Registration Act are primarily concerned with protecting a child from being taken by
someone other than his or her parent, regardless of the presence or absence of a sexual component.
For the preceding reasons, the judgment of the circuit court of Du Page County is affirmed.
Affirmed.
McLAREN and KAPALA, JJ., concur.
-17-