Litigation Update: Cross v. Kelly

We’re challenging Illinois’ “Automatic Sexual Predator” Law.

What this case is about

Illinois has a rule that automatically labels new residents that were required to register in another state as “sexual predators” not because of what they did, and not because Illinois courts found them high-risk..

That label is the harshest in Illinois law. It carries lifetime registration and additional onerous restrictions including residence distance restrictions and a permanent ban on being present in public parks.

Alan Cross’ situation

Alan Cross moved to Illinois to be closer to family. Illinois then automatically classified him as a “sexual predator” solely because he had a registration obligation in Missouri. Importantly, the Illinois State Police determined his Missouri offense is substantially equivalent to an Illinois offense that would require 10 years of registration and would not trigger the “sexual predator” label if committed in Illinois.

 So the same conduct leads to dramatically different consequences — only because he crossed state lines.

Where the case stands

The federal district court granted summary judgment for the State and dismissed the case. We are appealing. We filed our opening appellate brief on January 5, 2026.

The next step is the State’s response brief, followed by our reply and oral argument. Then the Seventh Circuit will decide whether to reverse the dismissal and send the case back.

Why it matters

Our appeal makes three important points:

• Illinois cannot automatically impose its most severe registry classification based only on the fact that someone moved here from another state.
• The Constitution requires fairness and due process before branding someone a lifelong “sexual predator.”
• Laws that discourage people from moving to Illinois by permanently escalating their registration obligations violate the constitution.

What we’re advocating for

We are advocating a basic principle of fairness. Illinois should not be allowed to impose the State’s most extreme lifetime registry category on people automatically, without individualized analysis, and without any opportunity to contest a “predator” designation — especially where Illinois itself would treat the same conduct far less harshly.

Our supporters help make this work possible. If you can, your support is invaluable in helping us pursue legal challenges in court.