CRIMINAL SEXUAL ASSAULT

CRIMINAL SEXUAL ASSAULT

People v. Magette, No. 89057 (March 29, 2001) Appeal, 4th Dist., Appellate court affirmed, sentence modified, Illinois Supreme Court. (FREEMAN)

Does defendant's hand qualify as "an object" within the meaning of
"sexual penetration" under sec. 12-12(f) of Criminal Code (720 ILCS
5/12-12(f))?

Touching the victim's vaginal area with the defendant's hand is not an
act of sexual "penetration." Appellate court correctly held that a hand
does not qualify within the definition of "object" in section 12-12(f)
of the Criminal Code, although defect in indictment was waived by
defendant, who raised issue for first time on appeal, since indictment
was sufficient to inform defendant of chargeshe was called upon to
defend against. Further, conviction for residential burglary was
properly affirmed. Although defendant did not actually commit a felony
after entering the apartment in which victim was located, there was
sufficient evidence that he entered the apartment without permission
with the intent to commit a felony. Sentence of ten years was
disproportionately harsh for first conviction of residential burglary
and is reduced to five years under Court's supervisory authority.