Illinois Criminal Sexual Assault

The Law – 720 ILCS 5/11-1.20

A person commits Criminal Sexual Assault if that person commits an act of sexual penetration and:

  1. Uses force or threat of force
  2. Knows that the victim is unable to understand the nature of the act or is unable to give knowing consent
  3. Is a family member of the victim, and the victim is under 18 years of age
  4. Is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age.

While the Aggravated Criminal Sexual Abuse and the Criminal Sexual Assault laws look somewhat similar at first, the key distinction between the two laws is that Criminal Sexual Assault requires “sexual penetration,” while the Aggravated Criminal Sexual Abuse law does not.

The term “sexual penetration” is broad and far reaching. It not only includes contact between an individual’s sex organs, but also covers any intrusion, however slight, of any item or object into the sex organ or anus of another.

Moreover, another significant difference between the two offenses includes the imposition of mandatory minimum jail terms for Criminal Sexual Assault. Lastly, Illinois truth-in-sentencing laws require that anyone sentenced to a term of imprisonment for a violation of this law complete at least 85% of the sentence before they can be considered for early release.

The Sentence

BACKGROUND SENTENCE PRISON TERM MAXIMUM FINE PROBATION

First Offense

Class 1 Felony

4 to 15 years

$25,000

No

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

  • Criminal Sexual Assault
  • Exploitation of a Child

Class X Felony

30 to 60 years

$25,000

No

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

Class X Felony

Natural life imprisonment

$25,000

No

If (3) or (4) above and previously convicted of the same offenses (or out-of-state offenses that are substantially similar)

Class X Felony

6 to 30 years

$25,000

No

 

Sex Offender Registration Requirement?

Yes.

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James A. Payonk, Jr.

~ Attorney at Law ~

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Orland Park, Illinois 60467

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