Illinois Predatory Criminal Sexual Assault of a Child

The Law – 720 ILCS 5/11-1.40

A person commits Predatory Criminal Sexual Assault of a Child if that person is 17 years of age or older, and commits an act of contact, however slight, between the sex organ or anus of one person and the part of the body of another for the purpose of sexual gratification or arousal of the victim or the accused, or an act of sexual penetration, and:

  1. The victim is under 13 years of age
  2. The victim is under 13 years of age
  3. and
    • is armed with a firearm
    • personally discharges a firearm during the commission of the offense
    • causes great bodily harm to the victim that:
      • results in permanent disability
      • is life threatening
  4. 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.

Predatory Criminal Sexual Assault of a Child covers not only sexual penetration, but also any type of sexual contact with a child if done so for the purposes of sexual gratification or arousal. Predatory Criminal Sexual Assault is the main charge that follows from sexual contact or penetration with anyone under the age of 13 in Illinois. The law, however, only applies to those individuals who are at least 17 years old at the time of the offense.

In addition to the severe criminal penalties associated with the offense, Predatory Criminal Sexual Assault of a Child carries with it the possibility of life imprisonment depending on the individual’s criminal history and whether or not the victim suffers any disability or serious injuries as a result of the assault.

Along with the mandatory minimum prison terms as outlined below, anyone convicted of Predatory Criminal Sexual Assault of a Child must serve a minimum of 85% of their sentence before they can be considered for early release.

The Sentence

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

If (1) above

Class X Felony

6 to 60 years

$25,000

No

If (2)(a) above

Class X Felony

16 to 75 years

$25,000

No

If (2)(b) above

Class X Felony

21 to 80 years

$25,000

No

If (2)(c) above

Class X Felony

50 years to natural life imprisonment

$25,000

No

If (3) above

Class X Felony

50 to 60 years

$25,000

No

If offense committed against 2 or more persons (regardless of whether the acts arose out of a single occurrence)

Class X Felony

Mandatory natural life imprisonment

$25,000

No

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

Class X Felony

Mandatory 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