People v. Boyer

The defendant was convicted in the circuit court of Logan County of the offense of aggravated incest and was sentenced to a term of imprisonment of not less than 1 nor more than 5 years.

The defendant appealed the conviction and challenged the constitutionality of the aggravated incest statute (Ill. Rev. Stat. 1973, ch. 38, par. 11 — 10). The Appellate Court for the Fourth District, with one justice dissenting, held that the penalty provision of the statute was unconstitutional because it constituted an unwarranted discrimination against males in violation of section 18 of article I of the…