Illinois Aggravated Criminal Sexual Abuse

The Law – 720 ILCS 5/11-1.60

A person commits Aggravated Criminal Sexual Abuse when that person commits Criminal Sexual Abuse and any of the following aggravating circumstances exist (i) during the commission of the offense or (ii) as a 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 or any other object fashioned or used in a manner that leads the victim, under the circumstances, to reasonably believe that the object is a dangerous weapon
  2. The person causes bodily harm to the victim
  3. The victim is 60 years of age or older
  4. The victim is a person with a physical disability
  5. The person acts in a manner that threatens or endangers the life of the victim or any other person
  6. The person commits the Criminal Sexual Abuse during the course of committing or attempting to commit any other felony
  7. The person delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim for other than medical purposes without the victim’s consent or by threat or deception
  8. If the person commits an act of sexual conduct with a victim who is under 18 years of age and the person is a family member
  9. If the person is 17 years of age or older and he or she:
    1. commits an act of sexual conduct with a victim who is under the 13 years of age
    2. commits an actual of sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person uses force or threat of force to commit the act;
  10. If the person is under 17 years of age and he or she:
    1. commits an act of sexual conduct with a victim who is under 9 years of age
    2. commits an act of sexual conduct with a victim who is at least 9 years of age but under 17 years of age and the person uses force or threat of force to commit the act
  11. If the person commits 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 and the person is at least 5 years older than the victim
  12. If the person commits an act of sexual conduct with a victim who is a person with a severe or profound intellectual disability
  13. If the person commits an act of sexual conduct with a victim who is at least 13 years of age but under 18 years of age and the person is 17 years of age or over and holds a position of trust, authority or supervision in a relation to the victim.

When certain circumstances are present, Criminal Sexual Abuse can be upgraded to Aggravated Criminal Sexual Abuse, thereby triggering very severe sentencing possibilities. If bodily harm occurs to the victim during the commission of a sexual abuse, if the victim is at least 60 years or if the victim suffers from a physical disability, the offense becomes aggravated in nature. Additionally, if the abuse occurs during the commission of any other felony or attempted felony, this will serve as a basis to upgrading the charge. For instance, if in the commission of a burglary, an individual sexually abuses a resident of the home, Aggravated Criminal Sexual Abuse charges will ensue.

Also, the law differentiates between normal “Romeo and Juliet” relationships (which may exist in ordinary Criminal Sexual Abuse) and “Romeo and Juliet” relationships involving the use of force or the threat of the use of force during the commission of the sexual abuse. While a normal “Romeo and Juliet” scenario leads to misdemeanor charges, the addition of force, or the threat of force, enhances the offense to Aggravated Criminal Sexual Abuse, a felony.

The law also creates upgraded penalties for those convicted of sexual abuse while they are in a position of trust, authority or supervision in relation to the victim, so long as the person is 17 years or older and the victim is under the age of 18. Thus, a situation involving sexual abuse between a student and teacher, or teenage athlete and their coach, will be enhanced to Aggravated Criminal Sexual Abuse.

 

The SentenceCLASS 2 FELONY

- 3 to 7 years in state prison

- Fine of up to $25,000

Probation Possible? Yes.

Supervision Possible? No.

Sex Offender Registration Requirement?

Yes.

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