People v. Maness

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:

“A. A parent or step-parent who knowingly allows or permits an act of criminal sexual abuse or criminal sexual assault as defined in Section 12 — 13, 12 — 14, 12 — 15 or 12 — 16 of the ‘Criminal Code of 1961,’ [720 ILCS…