People v. Capitol News, Inc.

Capitol News, Inc., upon being charged by indictment in the circuit court of McLean County with the sale or delivery of materials in violation of the Illinois obscenity statute (Ill. Rev. Stat. 1987, ch. 38, par. 11 — 20), filed a motion to dismiss, challenging the constitutionality of the statute. The circuit court held that the affirmative defense established by section 11 — 20(f)(2) of the Criminal Code of 1961 (Ill. Rev. Stat. 1987, ch. 38, par. 11— 20(f)(2)) was unconstitutionally vague. Based on its finding that the affirmative defense was not severable from the remainder of the…