Kopf v. Kelly
Annotate this CaseThis case concerns a challenge to an Illinois statute that prohibits child sex offenders from living within 500 feet of a day care home. The plaintiff, Martin Kopf, who in 2003 had pleaded guilty to aggravated criminal sexual abuse involving a 15-year-old victim, argued that the statute was unconstitutional. The Supreme Court of Illinois determined that the statute did not violate Kopf's substantive due process and equal protection rights, as it was rationally related to the legitimate state interest of protecting children. The court noted that while the law may create difficulties for sex offenders in finding compliant housing, it does not force them to leave their communities. The court reversed the lower court's decision that found the statute facially unconstitutional and remanded the case for further proceedings on the plaintiff's as-applied challenges.
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