People v. Sparks

The defendant, Roger Lee Sparks, was indicted for criminal sexual assault (count I) and criminal sexual abuse (count II) in violation of sections 12 — 13(a)(4) and 12 — 15(c), respectively, of the Criminal Code of 1961 (Ill. Rev. Stat. 1989, ch. 38, pars. 12 — 13(a)(4), 12— 15(c)). The trial court dismissed count I of the indictment by finding the State failed to state an indictable offense. The State claims the trial court erred. We disagree and affirm.

Count I of the indictment alleged that Sparks

“being a person over the age of 17 years, and having held a position of trust in relation to…