Illinois Aggravated Criminal Sexual Assault

The Law – 720 ILCS 5/11-1.30

A person commits Aggravated Criminal Sexual Assault if that person commits Criminal Sexual Assault and any of the following aggravating circumstances exist during the commission of the offense or as part of the same course of conduct as the commission of the offense:

  1. The person displays, threatens to use, or uses a dangerous weapon, other than a firearm, or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon
  2. The person causes bodily harm to the victim
  3. The person acts in a manner that threatens or endangers the life of the victim or any other person
  4. The person commits the criminal sexual assault during the course of committing or attempting to commit any other felony
  5. The victim is 60 years of age or older
  6. The victim is a person with a physical disability
  7. The person delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim’s consent or by threat or deception for other than medical purposes
  8. The person is armed with a firearm
  9. The person personally discharges a firearm during the commission of the offense
  10. The person personally discharges a firearm during the commission of the offense, and that discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person
  11. If the person, being under the age of 17:
    1. commits an act of sexual penetration with a victim who is under 9 years of age
    2. commits an act of sexual penetration with a victim who is at least 9 years of age but under 13 years of age and the person uses force or threat of force to commit the act
  12. If the person commits an act of sexual penetration with a victim who is a person with a severe or profound intellectual disability.

Aggravated Criminal Sexual Assault, arguably the most serious sex-based law in Illinois, elevates Criminal Sexual Assault when specific circumstances are coupled with the Criminal Sexual Assault. Additionally, Aggravated Criminal Sexual Assault addresses the use of weapons, and more specifically, firearms, during the commission of the assault.

Aggravated Criminal Sexual Assault firearms-based offenses are subject to the mandatory firearm add-ons, as is the case with many other offenses in Illinois. These add-ons range in years depending on the nature, use of the firearm and the outcome of the use of the firearm. Along with the firearm enhancements, the law requires that anyone sentenced to prison for a violation of the law must serve a minimum of 85% of the imposed sentence before they can be considered for early release.

The Sentence

TYPE OF AGGRAVATED CRIMINAL SEXUAL ASSAULT SENTENCE PRISON TERM MAXIMUM FINE PROBATION

If (2), (3), (4), (5), (6), (7), (11) or (12) above

Class X Felony

6 to 30 years

$25,000

No

If (1) above

Class X Felony

16 to 40 years

$25,000

No

If (8) above

Class X Felony

21 to 45 years

$25,000

No

If (9) above

Class X Felony

26 to 50 years

$25,000

No

If (10) above

Class X Felony

31 years to natural life imprisonment

$25,000

No

If second or subsequent conviction and has been previously convicted of the following (or out-of-state offenses that are substantially similar):

Class X Felony

Natural life imprisonment

$25,000

No

 

Sex Offender Registration Requirement?

Yes.

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

(708) 633-6005