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People v. Borash

Case Date: 11/12/2004
Court: 1st District Appellate
Docket No: 1-02-3677 Rel

FOURTH DIVISION
November 12, 2004





No. 1-02-3677


 
THE PEOPLE OF THE STATE OF ILLINOIS,

                                      Plaintiff-Appellee,

v.

PAUL BORASH,

                                      Defendant-Appellant.

 )
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)
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)		 Appeal from
the Circuit Court
of Cook County.

No. 02 CR 10048

Honorable
Bertina E. Lampkin,
Judge Presiding.


JUSTICE THEIS delivered the opinion of the court:

Following a bench trial, defendant Paul Borash was convicted of child pornography andsentenced to six years in prison. On appeal, he contends that (1) he was not proven guilty beyonda reasonable doubt where the statute requires proof of an exhibition of the "unclothed" genitals(720 ILCS 5/11-20.1(a)(1)(vii) (West 2000)), and the evidence submitted demonstrated thevictim was clothed; (2) the statute violates the proportionate penalties clause of the IllinoisConstitution (Ill. Const. 1970, art. I,