People v. Legoo
127 N.E.3d 1154
Ill. App. Ct.2019Background
- On May 6, 2016, an off-duty officer who knew Patrick Legoo was a convicted child sex offender saw him riding a bicycle in a public park and reported it.
- Mendota police went to Legoo’s apartment; Legoo admitted he had been in the park to retrieve his son, who was watching a baseball game and refused to leave.
- Legoo was charged under 720 ILCS 5/11-9.4-1(b) (presence of a sexual predator or child sex offender in a public park), a Class A misdemeanor for a first offense.
- Legoo’s defense sought to import an exemption from 720 ILCS 5/11-9.3(a-10) (which permits parents/guardians to approach children in parks) into section 11-9.4-1(b).
- At a bench trial the circuit court found Legoo guilty and sentenced him to 30 days in jail and two years conditional discharge; Legoo appealed on statutory-construction grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the parent/guardian exemption in §11-9.3(a-10) must be read into §11-9.4-1(b) so a parent present in a park cannot be convicted | The State: §11-9.4-1(b) is clear on its face and prohibits presence of listed offenders in parks; no exemption applies | Legoo: §11-9.3(a-10)’s parent/guardian exception should be read into §11-9.4-1(b) to avoid criminalizing a parent retrieving his child | Court: Rejected Legoo’s request; statutes are distinct and §11-9.4-1(b) applies as written; conviction affirmed |
Key Cases Cited
- People v. Williams, 239 Ill. 2d 503 (discussing that statutory language is the primary indicator of legislative intent)
- People v. Pepitone, 2018 IL 122034 (noting overlap and differences between related sex-offender statutes)
