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PEOPLE v. KUCHARSKI

No. 2-12-0270

987 N.E.2d 906 (2013)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Steven C. KUCHARSKI, Defendant-Appellant.

Appellate Court of Illinois, Second District.

March 29, 2013.

Attorney(s) appearing for the Case

Richard J. Dvorak , Law Offices of Richard Dvorak, Oak Brook Terrace, for appellant.

Robert B. Berlin , State's Attorney, Wheaton ( Lisa Anne Hoffman , Assistant State's Attorney, Lawrence M. Bauer , Marshall M. Stevens , State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

OPINION

Justice SCHOSTOK delivered the judgment of the court, with opinion.

¶ 1 Following a bench trial, the defendant, Steven C. Kucharski, was convicted of two counts of violating the Harassing and Obscene Communications Act (the Act or the electronic harassment statute) (720 ILCS 135/1-2(a)(1), (a)(2) (West 2008)), and one count of unlawful use of encryption (720 ILCS 5/16D-5.5(b)(1) (West 2008) (the encryption statute) (amended by Pub. Act 96-1551...

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