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Docket No. 86463-Agenda 8-November 1999.

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. KATHY MANESS, Appellee.

Opinion filed June 15, 2000.

JUSTICE BILANDIC delivered the opinion of the court:

This case involves the constitutionality of section 5.1 of the Wrongs to Children Act (720 ILCS 150/5.1 (West 1992)). We hold that section 5.1 is unconstitutionally vague.

STATUTE

Section 5.1 of the Wrongs to Children Act (Act) (720 ILCS 150/1 et seq. (West 1992)) prohibits the offense of "permitting the sexual abuse of a child." For purposes of this case, section 5.1 provides:

"A. A parent or step-parent who knowingly allows or permits an act of criminal sexual abuse or criminal sexual assault as defined in Section 12-13, 12-14, 12-15 or 12-16 of the 'Criminal Code of 1961,' [720 ILCS 5/12-13, 12-14, 12-15, 12-16 (West 1992)], upon his or her child and fails to take reasonable steps to prevent its commission or future occurrences of such acts commits the offense of permitting the sexual abuse of a child. For purposes of this Section, 'child' means a minor under the age of 17 years.

B. Any person convicted of permitting the sexual abuse of a child shall be guilty of a Class A misdemeanor." 720 ILCS 150/5.1 (West 1992).

Relevant to the facts of this case is the underlying provision of the criminal sexual abuse statute, section 12-15 of the Criminal Code of 1961, which provides that "[t]he accused commits criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who was at least 13 years of age but under 17 years of age and the accused was less than 5 years older than the victim." 720 ILCS 5/12-15(c) (West 1998). Criminal sexual abuse is a Class A misdemeanor. 720 ILCS 5/12-15(d) (West 1998).

In light of the different versions of section 5.1 that have been in effect, we must as a preliminary matter clarify our reasons for quoting the aforementioned version of the statute. The permitting sexual abuse of a child statute, section 5.1, was amended by Public Act 88-680 to include "legal guardian[ ] or other person having custody of a child" to the list of those subject to the statute, and to add a provision to include within its scope those designated who "knowingly permit[ ], induce[ ], promote[ ], or arrange[ ] for the child to engage in prostitution as defined in Section 11-14 of the Criminal Code of 1961 [720 ILCS 5/11-14 (West 1998)]." See Pub. Act 88-680, art. 50,