Knowledge is usually established by circumstantial evidence. People v. Weiss, 263 Ill.App.3d 725, 731, 200 Ill.Dec. 296, 635 N.E.2d 635, 639 (1994). “The State must present sufficient evidence from which an inference of knowledge can be made, and any inference must be based on established facts and not pyramided on intervening inferences.”
By its very nature, "knowledge" is ordinarily proven by circumstantial evidence rather than by direct evidence. People v. Weiss, 263 Ill. App.3d 725, 731, 635 N.E.2d 635, 639 (1994). "The State must present sufficient evidence from which an inference of knowledge can be made, and any inference must be based upon established facts and not pyramided on intervening inferences."
A defendant is deemed to have acted knowingly, or with knowledge, if it is shown he was aware of the existence of facts which make his conduct unlawful. People v. Gean, 143 Ill.2d 281, 288, 573 N.E.2d 818 (1991); People v. Weiss, 263 Ill. App.3d 725, 731, 635 N.E.2d 635 (1994). However, knowledge, because it is not ordinarily susceptible to direct proof, is generally established through circumstantial evidence.
"The State must present sufficient evidence from which an inference of knowledge can be made, and any inference must be based on established facts and not pyramided on intervening inferences." People v. Weiss, 263 Ill.App.3d 725, 731 (1994). Accordingly, if the State failed to introduce established facts to prove that defendant knew he was on real property comprising a school within the meaning of the statute, defendant's conviction should be overturned.
34, ¶¶ 38–39, 356 Ill.Dec. 498, 961 N.E.2d 887 (holding the evidence was sufficient to support a finding that the victim was unable to understand the nature of the acts or give knowing consent where on two separate occasions she was awakened to find her father in the midst of an unbroken series of sexual assaults); People v. Fisher, 281 Ill.App.3d 395, 397–403, 217 Ill.Dec. 349, 667 N.E.2d 142 (1996) (holding the evidence was sufficient to support a finding that the victim was unable to give knowing consent where she consumed large quantities of alcohol during the evening of the assault, and evidence showed that she was unconscious prior to and during part of the sex act); People v. Whitten, 269 Ill.App.3d 1037, 1039–42, 207 Ill.Dec. 569, 647 N.E.2d 1062 (1995) (holding the evidence was sufficient to support a finding that the victim was unable to give knowing consent where the defendant was in a position of authority over the victim who was developmentally disabled with an IQ of 54); People v. Weiss, 263 Ill.App.3d 725, 732–33, 200 Ill.Dec. 296, 635 N.E.2d 635 (1994) (holding the evidence was sufficient to support a finding that the victim was unable to understand the nature of the sexual acts or consent to them because he was severely mentally disabled and functioned at the level of a four-year-old child); People v. Maloney, 201 Ill.App.3d 599, 611, 146 Ill.Dec. 943, 558 N.E.2d 1277 (1990) (holding the evidence was sufficient to support a finding that the victim was unable to understand the nature of the sexual acts or give knowing consent where at the time of the incident the victim had a mental age of seven, and the defendant had ample opportunity to assess the victim's mental capacity prior to the assault); see generally People v. Brown, 2012 IL App (2d) 110303, ¶ 52 (recognizing that cases involving section 12–13(a)(2) of the Code have concerned allegations that the victims were mentally disabled, asleep, unconscious, drugged, or intoxicated). The cases relied upon by the State in its brief do not inform our determination, as none concern a p
Knowledge may be, and ordinarily is, proven circumstantially. People v. Crane, 308 Ill. App.3d 675, 683 (1999); People v. Nash, 282 Ill. App.3d 982, 985 (1996); People v. Weiss, 263 Ill. App.3d 725, 731 (1994); People v. Farrokhi, 91 Ill. App.3d 421, 427 (1980). Cf. People v. Hickey, 178 Ill.2d 256, 292 (1997) ("`[i]n a prosecution for home invasion, knowledge may be proven by circumstantial evidence so long as the State presents sufficient evidence from which an inference of knowledge can be made'"), quoting People v. Ramey, 240 Ill. App.3d 456, 462 (1992).
The appellate court has referenced these statistics in certain cases in finding that a sentence was excessive. See People v. Weiss, 263 Ill. App.3d 725, 735-36 (1994); People v. Neither, 230 Ill. App.3d 546, 551-52 (1992); People v. McCumber, 148 Ill. App.3d 19, 24-25 (1986). Thus, the majority's concerns about skewed samples are illusory.
The State must present sufficient evidence from which an inference of knowledge can be made. Id. (citing People v. Weiss, 263 Ill. App. 3d 725, 731 (1994)). The defendant need
Knowledge is ordinarily established by circumstance evidence, rather than direct proof. People v. Weiss , 263 Ill. App. 3d 725, 731, 200 Ill.Dec. 296, 635 N.E.2d 635 (1994). ¶ 27 Under the applicable rules of evidence, evidence may not be admitted unless it is relevant.
Without such direct evidence, defendant claims the State did not prove defendant knew the victim was unable to understand or consent to the sex act. ¶ 32 At the onset, we emphasize that knowledge is generally established by circumstantial, rather than direct, evidence. People v. Weiss, 263 Ill. App. 3d 725, 731 (1994). In this case, the jury had the opportunity to observe the victim's appearance, her mannerisms, her mental abilities, and her communication skills.