A judge allowed a 20-year-old man to be released after he was arrested for exposing himself to a child and showing the child harmful material at a McHenry apartment.
Kevin Cortes, 20, of Woodstock, was charged with indecent solicitation of a child, sexual exploitation of a child and distributing harmful material to a minor.
On August 26, Cortes allegedly showed a child his genitals in an attempt to have the child touch them in the kitchen of a McHenry apartment, a criminal complaint said.
Cortes exposed his genitals to the girl for the “purpose of sexual arousal,” the complaint said.
He also allegedly showed the child a video of him having sexual intercourse.
The McHenry Police Department filed the criminal complaint on Tuesday and arrested Cortes the following day.
He was held in custody until his first court appearance on Wednesday in front of McHenry County Judge Michael Coppedge.
The McHenry County State’s Attorney’s Office petitioned to have Cortes held pretrial, court documents show.
Prosecutors said Cortes’ pretrial release “poses a real and present threat to the safety of any person or persons or the community based on the specific articulable facts of this case.”
Coppedge found no probable cause to detain Cortes pretrial. He was subsequently released, court records show.
Prosecutors asked the court to order Cortes not to have unsupervised contact with all minors and submit to a sex offender evaluation, among other conditions.
The charges against Cortes are detainable under the Pretrial Fairness Act of the SAFE-T Act, which went into effect earlier this month.
The Pretrial Fairness Act ended cash bail in Illinois and made certain offenses “detainable” and others “non-detainable.”
When an offense is detainable, prosecutors can file a petition to have the defendant held pretrial and a judge then makes a ruling.
Cortes is scheduled to appear in court for a preliminary hearing on October 20.