People v. Boyer

Defendant was convicted in a bench trial of the offense of aggravated incest and sentenced to imprisonment for 1 to 5 years. He raises two issues on appeal. First, he contends that the conviction should be reversed because section 11 — 10 of the Criminal Code (Ill. Rev. Stat. 1971, ch. 38, § 11 — 10) amounts to a denial of equal protection for fathers and is discriminatory on the basis of sex in violation of article I, section 18, of .the Constitution of Illinois. Second, defendant contends the trial court abused its discretion in denying him probation. .

Section 11 — 10 of the Code defines…