People v. Embry

Defendant was convicted of child abduction in violation of section 10—5(b)(10) of the Criminal Code of 1961 (Ill. Rev. Stat. 1987, ch. 38, par. 10—5(b)(10)) and sentenced to two years’ probation. Defendant appeals contending the child abduction statute creates an impermissible mandatory rebuttable presumption with respect to an element of the offense, namely intent, which requires reversal of his conviction. Alternatively, defendant argues he is entitled to a new trial because error was committed in the admission of evidence of other criminal conduct.

At defendant’s bench trial the State…