2018 IL App (2d) 160919
Ill. App. Ct.2018Background
- Defendant Michael A. Najar, a convicted sex offender, was required to report every 90 days under the Sex Offender Registration Act; he completed a registration form on May 16, 2014.
- The May 16 form, signed by Najar, expressly stated his next required reporting date was on or before August 16, 2014; he received a copy.
- Najar failed to report by August 16 and was investigated; he returned to the sheriff’s office on September 3 after being contacted.
- At trial Najar testified he forgot the deadline and thought the next reporting date was later (he “got the days confused”); he also admitted signing the form and acknowledging the August 16 date and the consequences of noncompliance.
- The defense tendered two IPI instructions on mistake of fact; the trial court refused them as reflecting a memory lapse (knowledge issue) rather than a true mistake of fact.
- Jury convicted Najar of unlawful failure to report (730 ILCS 150/6); he was sentenced to 42 months and appealed the denial of the mistake-of-fact instructions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by refusing mistake-of-fact jury instructions | The evidence shows Najar knew the August 16 reporting date (signed form, admitted awareness); forgetting the date is a knowledge issue, not mistake of fact | Najar presented some evidence he believed the reporting date was later (mistake of fact) and was therefore entitled to instructions | No abuse of discretion: refusal proper because evidence showed actual knowledge and mere forgetfulness is not a legally cognizable mistake of fact |
Key Cases Cited
- People v. Atherton, 261 Ill. App. 3d 1012 (Ill. App. Ct. 1994) (instruction on mistake of fact required when evidence provides foundation for defendant’s belief)
- People v. Nash, 282 Ill. App. 3d 982 (Ill. App. Ct. 1996) (mistake of fact can negate criminal knowledge; failing to investigate may be civil negligence but not criminal knowledge)
- People v. Bauer, 393 Ill. App. 3d 414 (Ill. App. Ct. 2009) (defendant entitled to instruction on theory of defense if evidence provides foundation)