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PEOPLE v. MANESS

No. 86463.

732 N.E.2d 545 (2000)

191 Ill.2d 478

247 Ill.Dec. 490

The PEOPLE of the State of Illinois, Appellant, v. Kathy MANESS, Appellee.

Supreme Court of Illinois.

June 15, 2000.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, of Springfield (Joel D. Bertocchi, Solicitor General, and William L. Browers and Lisa Anne Hoffman, Assistant Attorneys General, of Chicago, of counsel, and John Carroll, law student), for the People.

Daniel M. Kirwan, Deputy Defender, and Robert S. Burke, Assistant Defender, of the Office of the State Appellate Defender, of Mt. Vernon, for Appellee.

Justice BILANDIC delivered the opinion of the court:

This case involves the constitutionality of section 5.1 of the Wrongs to Children Act (720 ILCS 150/5.1 (West 1992)). We hold that section 5.1 is unconstitutionally vague.

STATUTE

Section 5.1 of the Wrongs to Children Act (Act) (720 ILCS 150/1 et seq. (West 1992)) prohibits the offense of "permitting the sexual abuse of a child." For purposes of this case, section 5.1 provides:

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