Illinois Criminal Sexual Abuse

The Law – 720 ILCS 5/11-1.50

A person commits Criminal Sexual Abuse if that person:

  1. Commits an act of sexual conduct by the use of force or threat of force
  2. Commits an act of sexual conduct and knows that the victim is unable to understand the nature of the act or is unable to give knowing consent
  3. Commits, while being under the age of 17, an act of sexual penetration or sexual conduct with a victim who is at least 9 years of age but under 17 years of age
  4. Commits, while being less than 5 years older than the victim, an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age.

Sexual conduct, as defined by Illinois law, means any knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus, or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or accused.

Additionally, Illinois provides what is often called a “Romeo and Juliet” provision in the Criminal Sexual Abuse law (see 3 and 4 above). These circumstances are present when two individuals, who are minors, are involved in a romantic relationship and both consent to any sexual act or conduct. While Illinois law does not decriminalize these sexual acts conducted by and between minors, the law provides for more lax sentencing.

The Sentence

TYPE OF CRIMINAL SEXUAL ABUSE SENTENCE PRISON TERM MAXIMUM FINE PROBATION

If (3) or (4) above

Class A Misdemeanor

Up to 364 days in county jail

$2,500

Yes

If (1) or (2) above

Class 4 Felony

1 to 3 years

$25,000

Yes

If (1) or (2) above and previously convicted of the same offense (or out-of-state offenses that are substantially similar)

Class 2 Felony

3 to 7 years

$25,000

Yes

 

Sex Offender Registration Requirement?

Yes.

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

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