People v. Douglas

CourtAppellate Court of Illinois
DecidedJune 4, 2026
Docket2-25-0334
StatusPublished

This text of People v. Douglas (People v. Douglas) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Douglas, (Ill. Ct. App. 2026).

Opinion

2026 IL App (2d) 250334 No. 2-25-0334 Opinion filed June 4, 2026

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,

v.

KALUB C. DOUGLAS, Defendant-Appellant.

Appeal from the Circuit Court of Kendall County. Honorable Jody P. Gleason, Judge, Presiding. No. 23-CF-207

JUSTICE MULLEN delivered the judgment of the court, with opinion. Justices McLaren and Birkett concurred in the judgment and opinion.

OPINION

¶1 Defendant, Kalub C. Douglas, appeals his conviction of aggravated criminal sexual abuse

(720 ILCS 5/11-1.60(d) (West 2020)). He contends that the State failed to prove him guilty beyond

a reasonable doubt because it failed to prove that he was five years older than the victim. We

affirm.

¶2 I. BACKGROUND

¶3 On July 18, 2023, defendant was indicted on three counts of aggravated criminal sexual

abuse (id.). Each count alleged that—on or between January 1, 2023, through January 31, 2023—

defendant committed an act of sexual penetration with B.L.B., who was at least 13 years of age

but under 17 years of age, and that defendant was at least five years older than B.L.B. ¶4 A bench trial took place on November 7, 2024. The State’s evidence consisted of testimony

from B.L.B., Kyle B. (B.L.B.’s father), Sergeant Bryan Harl of the Kendall County Sheriff’s

Office, and Detective Casey Kailus of the Kendall County Sheriff’s Office. Additional evidence

consisted of cell phone evidence, a recorded interview of defendant, evidence of defendant’s prior

convictions (entered in rebuttal), and two stipulations. Defendant testified on his own behalf.

¶5 The evidence generally established the following. In January 2023, B.L.B. met defendant

at a skating rink. At the time, B.L.B. was 14 years old, having been born on May 30, 2008.

Defendant was born on May 30, 2003, and was 19 years old when he met B.L.B. After their initial

meeting, they began communicating through social media and discovered that they shared the

same birthday. Defendant knew that B.L.B. was 14 years old.

¶6 Not long after meeting defendant, B.L.B. had a friend, A., spend the night at her house. At

approximately 2:30 a.m., B.L.B. invited defendant to her house. Defendant arrived shortly

thereafter with his friend, Trey. After being invited in by B.L.B., defendant and Trey entered the

walkout basement of B.L.B.’s house. Several of B.L.B.’s family members were asleep upstairs.

¶7 According to B.L.B., while A. and Trey watched a movie, defendant asked B.L.B. to

accompany him into the basement bedroom. B.L.B. agreed. The two entered the bedroom and

closed the door. They began kissing and went under the bed covers together. Defendant asked

B.L.B. to remove her pants. She did, and they continued kissing. While on the bed, defendant

(1) placed his penis in B.L.B.’s vagina (count I), (2) placed his penis in B.L.B.’s mouth (count II),

and (3) placed his tongue in B.L.B.’s vagina (count III). When A. knocked on the bedroom door,

B.L.B. and defendant “jump[ed] up” and put their pants on. They rejoined Trey and A., and they

all played pool.

-2- ¶8 After that night, B.L.B. continued to communicate with defendant and “believed that [they]

were dating.” Several days later, Kyle B. saw text messages between B.L.B. and defendant on

B.L.B.’s phone and asked B.L.B. who defendant was. According to B.L.B., Kyle B. took her

phone.

¶9 Kyle B. testified that, a few days after A. had spent the night with B.L.B. at his house, he

found out that “something had occurred” at his house over that weekend. He became suspicious

and looked through B.L.B.’s phone. He discovered that B.L.B. had been texting someone named

“Kalub.” He called the number associated with “Kalub” and spoke with the individual. He also

spoke with other people to find out who “Kalub” was. He had heard “rumors” about what had

happened. When asked if the police contacted him about the rumors being spread around, he stated

that he believed that he made the initial contact. Kyle B. was interviewed by the police and turned

over B.L.B.’s phone.

¶ 10 Defendant testified that B.L.B. invited him into the bedroom. According to defendant, he

knew that B.L.B. was 14 years old. He did not engage in sexual conduct with her because he “knew

it wasn’t right.” According to defendant, while in the bedroom, he and B.L.B. only kissed and

talked.

¶ 11 After hearing closing arguments, the trial court questioned whether the State proved that

defendant was at least five years older than B.L.B., given that they were born on the same date,

exactly five years apart. The court noted that “nobody presented any testimony to me who was

born first[.]” The court stated: “I’m going to give you, both of you a chance to give me any case

law. And when you do that, I will also then have reviewed all the evidence, so I’ve looked at all

the evidence prior to making any ruling.”

¶ 12 The parties appeared on December 6, 2024. The State argued:

-3- “[W]hen someone turns 16, when someone turns 18, when someone turns 21, the law does

not say on your 18th birthday at the time you were born you have the right to vote. It’s on

your 18th birthday.

When you turn 21, at midnight of your 21st birthday, that’s when the law allows

you to consume alcohol.

On your 16th birthday you do not have to wait until—let’s say you were born at 3

o’clock in the afternoon. You don’t have to wait until 3:00 p.m. to get your license. You are

16 on that day.

So with regards to the legality of the issue and whether or not the law recognize—

what the law recognizes, this defendant would be five years older than the victim on the

day that this offense occurred.”

¶ 13 Defendant argued:

“[A]s far as whether or not there’s issues regarding the timing, I believe that then would

fall on the State’s side to make a determination as to whether or not [defendant] was born

at 11:59 p.m. on that date or if he was born at 8:45 in the morning and then relative to what

the alleged victim’s time of birth was.

Once again, I believe that is the State’s burden at that point to prove then that it was

at least five years apart.”

¶ 14 The trial court agreed with the State. The court commented:

“Okay. So I had reviewed all my notes, and I also had done some research on the

issue, and I think the State is correct. It says five years.

So maybe my question was more just like a law school question. I think they’re

correct. He was five years older than the victim.”

-4- In addition, the court found that B.L.B. was credible. Thus, the court concluded that the State

proved defendant guilty beyond a reasonable doubt.

¶ 15 On December 27, 2024, defendant filed a motion for a new trial and, on March 25, 2025,

supplemented the motion. Defendant contended that the State failed to prove him guilty beyond a

reasonable doubt, arguing, among other things, that the State failed to prove that defendant was

five years older than B.L.B.

¶ 16 On July 21, 2025, the trial court denied defendant’s motion for a new trial. The court stated:

“So as far as the dates, I know I think I raised the issue maybe after the bench trial. So the

evidence, I think, was sufficient that there is certainly testimony they were five years, he’s

five years older than her.

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People v. Douglas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-douglas-illappct-2026.