People v. Lovett

JUSTICE SLATER,

specially concurring:

In the case at bar, the criminal charges filed against the defendant had sexual implications. The disorderly conduct charge was based on the defendant’s being found outside a window with his pants unzipped and in possession of a ski mask. The theft charge involved theft of telephone services, and the phone calls were of an obscene and sexual nature. Based on the record in this case, which includes a long history of sex offenses committed by the defendant, I agree with the majority’s disposition.

I disagree that the Sexually Dangerous Persons Act should be interpreted to apply when a defendant is charged with any criminal offense. Our supreme court in People v. Sims (1943), 382 Ill. 472, 47 N.E.2d 703, stated:

“This statute is to be construed as applying only to such crimes as tend to show a criminal sexual psychopathic condition in the accused. This is clearly the intent of the General Assembly.” Sims, 382 Ill. at 477.

The offenses charged clearly showed a criminal sexual psychopathic condition and, thus, the Act is applicable under the circumstances of this case.