R . Kelly has requested that the Supreme Court vacate his 2023 conviction for child sex crimes. The musician, currently serving a 20-year sentence, argues that the federal PROTECT Act, which was used to charge him, was improperly applied in his case.
On Tuesday, July 30, Kelly’s legal team filed an appeal, contending that the PROTECT Act, enacted in 2003 to allow prosecutions for child sex crimes throughout the victim’s lifetime, should not apply retroactively to crimes committed before the law was passed.
Kelly faced 13 charges under the PROTECT Act in 2020 for offenses against three underage girls in the 1990s. He was convicted on six charges, including creating child pornography and coercing minors into illegal sexual activities.
Jennifer Bonjean, Kelly’s attorney, argues that Congress did not intend for the 2003 law to be applied retroactively, citing a well-established presumption against such legislation. Bonjean asserts that the law should not affect Kelly’s case because the abuse occurred prior to the act’s enactment.
The appeal follows a ruling earlier this year by the 7th Circuit Court of Appeals in Northern Illinois, which upheld the application of the law, stating that the law was correctly applied since the victims are still alive and that retroactive application of laws is not unconstitutional.
Kelly's legal troubles are extensive. In addition to the 2023 Illinois conviction, he was also found guilty of nine counts of similar crimes in New York in 2021. He is currently appealing the New York conviction, challenging charges under the Racketeer Influenced and Corrupt Organizations (RICO) Act, which alleged he led a ring involved in illegal sexual activities.
The Supreme Court has the discretion to decide whether to hear Kelly’s appeal, with the majority of petitions to the court typically being denied.
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