¶ 38 JUSTICE OCASIO, dissenting:
¶ 39 Carlos Ocampo bombarded various government employees with hundreds of emails, including ones with images depicting the recipients as members of the Ku Klux Klan. For that, he was charged and convicted of the offense of using electronic communications for the purpose of ‘[m]aking any comment, request, suggestion or proposal which is obscene with an intent to offend.’ 720 ILCS 5/25.5-3(a)(1) (West 2022). There are a lot of words you might use to characterize the contents of Ocampo’s communiqués—obnoxious, obsessive, and offensive come to mind, as do disturbing, distressing, and defamatory—but obscene is not one of them. The offense at issue is the online equivalent of making dirty phone calls (cf. id. § 26.5-2(a)(1)) which obviously is not what he was doing. If Ocampo is guilty of a crime, it is not the one charged, and it is not our job to rescue the State from its poor charging decisions. I would reverse the conviction.”
People v. Ocampo, 2025 IL App (1st) 240491-U.