People v. Jones

Defendant was convicted of one count of attempt (aggravated criminal sexual abuse) (720 ILCS 5/8 — 4, 12 — 16(d) (West 1992)) and sentenced to five years’ imprisonment. On appeal, defendant contends (1) a mere request for sexual conduct in the absence of physical contact with the victim does not constitute a substantial step toward commission of the offense, (2) the evidence established the affirmative defense that defendant reasonably believed the victim was 17 years of age or older and the court erred in refusing to give an instruction on the affirmative defense, and (3) the trial court…