This question came to mind this morning, when I read the article in the Northwest Herald about the Woodstock man arrested in a Motel 6 in Joplin, Mo. That article said he might be subject to consecutive sentences, if convicted.
What if a man were charged with ten (10) counts of this crime and over a four-year period? If he were convicted of multiple offenses but in one trial, would that change the sentencing? Or, if he were convicted on one charge and the other nine were nolle prossed (not an uncommon result in McHenry County courts), would he fall (only) into the 6-60-year sentencing range?
Here's what the statute (720 ILCS 5/11-1.40(b)(2) says:
"A person who is convicted of a second or | subsequent
offense of predatory criminal sexual assault of a child, or who is
convicted of the offense of predatory criminal sexual assault of a child
after having previously been convicted of the offense of criminal
sexual assault or the offense of aggravated criminal sexual assault, or
who is convicted of the offense of predatory criminal sexual assault of a
child after having previously been convicted under the laws of this
State or any other state of an offense that is substantially equivalent
to the offense of predatory criminal sexual assault of a child, the
offense of aggravated criminal sexual assault or the offense of criminal
sexual assault, shall be sentenced to a term of natural life
imprisonment. (emphasis added) The commission of the second or subsequent offense is
required to have been after the initial conviction for this paragraph
(2) to apply." |
The final sentence clarifies the answer for me. Any convicted sex offender had better have a good lawyer who explains this to him (or her). The key word in that sentence is "shall". It looks to me like a judge doesn't have any discretion. If the accused is convicted, he gets "Life". Period.
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