The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
(a)
A person responsible for a child's welfare commits the offense of permitting
sexual abuse of a child if he or she has actual knowledge of and permits an act
of sexual abuse upon the child, or permits the child to engage in prostitution
as defined in Section 11‑14 of the Criminal Code of 1961.
(b)
In this Section:
"Child"
means a minor under the age of 17 years.
"Person
responsible for the child's welfare" means the child's parent, step‑parent,
legal guardian, or other person having custody of a child, who is responsible
for the child's care at the time of the alleged sexual abuse.
"Sexual
abuse" includes criminal sexual abuse or criminal sexual assault as
defined in Section 12‑13, 12‑14, 12‑14.1, 12‑15, or 12‑16 of the Criminal Code of
1961.
"Prostitution"
means prostitution as defined in Section 11‑14 of the Criminal Code of
1961.
"Actual
knowledge" includes credible allegations made by the child.
(c)
This Section does not apply to a person responsible for the child's welfare
who, having reason to believe that sexual abuse has occurred, makes timely and
reasonable efforts to stop the sexual abuse by reporting the sexual abuse in
conformance with the Abused and Neglected Child Reporting Act or by reporting
the sexual abuse, or causing a report to be made, to medical or law enforcement
authorities or anyone who is a mandated reporter under Section 4 of the Abused
and Neglected Child Reporting Act.
(d)
Whenever a law enforcement officer has reason to believe that the child or the
person responsible for the child's welfare has been abused by a family or
household member as defined by the Illinois Domestic Violence Act of 1986, the
officer shall immediately use all reasonable means to prevent further abuse
under Section
112A‑30
of the Code of Criminal Procedure of 1963.
(e)
An order of protection under Section 111‑8 of the Code of Criminal
Procedure of 1963 shall be sought in all cases where there is reason to believe
that a child has been sexually abused by a family or household member. In
considering appropriate available remedies, it shall be presumed that awarding
physical care or custody to the abuser is not in the child's best interest.
(f) A person may not be charged with
the offense of permitting sexual abuse of a child under this Section until the
person who committed the offense is charged with criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual assault of a
child, criminal sexual abuse, aggravated criminal sexual abuse, or
prostitution.
(g)
A person convicted of permitting the sexual abuse of a child is guilty of a
Class 1 felony. As a condition of any sentence of supervision, probation,
conditional discharge, or mandatory supervised release, any person convicted
under this Section shall be ordered to undergo child sexual abuse, domestic
violence, or other appropriate counseling for a specified duration with a qualified
social or mental health worker.
(h)
It is an affirmative defense to a charge of permitting sexual abuse of a child
under this Section that the person responsible for the child's welfare had a
reasonable apprehension that timely action to stop the abuse or prostitution
would result in the imminent infliction of death, great bodily harm, permanent
disfigurement, or permanent disability to that person or another in retaliation
for reporting.
(a) Kidnapping occurs when a person
knowingly:
(1) And secretly confines another against
his will, or
(2) By force or threat of imminent force
carries another from one place to another with intent secretly to confine him
against his will, or
(3) By deceit or enticement induces
another to go from one place to another with intent secretly to confine him
against his will.
(b) Confinement of a child under the age
of 13 years is against his will within the meaning of this Section if such
confinement is without the consent of his parent or legal guardian.
(c) Sentence.
Kidnapping is a Class 2 felony
(a) A person of the age of 17 years and
upwards commits the offense of indecent solicitation of a child if the person,
with the intent that the offense of aggravated criminal sexual assault,
criminal sexual assault, predatory criminal sexual assault of a child, or
aggravated criminal sexual abuse be committed, knowingly solicits a child or
one whom he or she believes to be a child to perform an act of sexual
penetration or sexual conduct as defined in Section 12‑12 of this Code.
(b) Definitions. As used in this Section:
"Solicit" means to command,
authorize, urge, incite, request, or advise another to perform an act by any
means including, but not limited to, in person, over the phone, in writing, by
computer, or by advertisement of any kind.
"Child" means a person under 17
years of age.
(c) Sentence. Indecent solicitation of a
child is:
(1) a Class 1 felony when the act, if
done, would be predatory criminal sexual assault of a child or aggravated
criminal sexual assault;
(2) a Class 2 felony when the act, if
done, would be criminal sexual assault;
(3) a Class 3 felony when the act, if
done, would be aggravated criminal sexual abuse.
(a) A person commits indecent solicitation of an adult if the person:
(1) Arranges for a person 17 years of age
or over to commit an act of sexual penetration as defined in Section 12‑12
with a person:
(i) Under the age of 13 years; or
(ii) Thirteen years of age or over but
under the age of 17 years; or
(2) Arranges for a person 17 years of age
or over to commit an act of sexual conduct as defined in Section 12‑12
with a person:
(i) Under the age of 13 years; or
(ii) Thirteen years of age or older but
under the age of 17 years.
(b) Sentence.
(1) Violation of paragraph (a)(1)(i) is a
Class X felony.
(2) Violation of paragraph (a)(1)(ii) is a
Class 1 felony.
(3) Violation of paragraph (a)(2)(i) is a
Class 2 felony.
(4) Violation of paragraph (a)(2)(ii) is a
Class A misdemeanor.
(c) For the purposes of this Section,
"arranges" includes but is not limited to oral or written
communication and communication by telephone, computer, or other electronic
means. "Computer" has the meaning ascribed to it in Section 16D‑2
of this Code.
(a) Any person commits sexual exploitation
of a child if in the presence of a child and with intent or knowledge that a
child would view his or her acts, that person:
(1) engages in a
sexual act; or
(2)
exposes his or her sex organs, anus or breast for the purpose of sexual arousal
or gratification of such person or the child.
(a‑5) A person commits sexual
exploitation of a child who knowingly entices, coerces, or persuades a child to
remove the child's clothing for the purpose of sexual
arousal or gratification of the person or
the child, or both.
(b) Definitions. As
used in this Section:
"Sexual
act" means masturbation, sexual conduct or sexual penetration as defined
in Section 12‑12 of this Code.
"Sex
offense" means any violation of Article 11 of this Code or a violation of
Section 12‑13, 12‑14, 12‑14.1, 12‑15, 12‑16, or
12‑16.2 of this Code.
"Child"
means a person under 17 years of age.
(c) Sentence.
(1) Sexual exploitation of a child is a
Class A misdemeanor. A second or subsequent violation of this Section or a
substantially similar law of another state is a Class 4 felony.
(2) Sexual exploitation of a child is a
Class 4 felony if the person has been previously convicted of a sex offense.
(3) Sexual exploitation of a child is a
Class 4 felony if the victim was under 13 years of age at the time of the
commission of the offense.
(A) A person commits exploitation
of a child when he or she confines a child under the age of 16 or a severely or
profoundly mentally retarded person against his or her will by the infliction
or threat of imminent infliction of great bodily harm, permanent disability or
disfigurement or by administering to the child or severely or profoundly
mentally retarded person without his or her consent or by threat or deception
and for other than medical purposes, any alcoholic intoxicant or a drug as
defined in the Illinois Controlled Substances Act or the Cannabis Control Act
or methamphetamine as defined in the Methamphetamine Control and Community
Protection Act and:
(1)
compels the child or severely or profoundly mentally retarded person to become
a prostitute; or
(2)
arranges a situation in which the child or severely or profoundly mentally
retarded person may practice prostitution; or
(3)
receives any money, property, token, object, or article or anything of value
from the child or severely or profoundly mentally retarded person knowing it
was obtained in whole or in part from the practice of prostitution.
(B)
For purposes of this Section, administering drugs, as defined in subsection
(A), or an alcoholic intoxicant to a child under the age of 13 or a severely or
profoundly mentally retarded person shall be deemed to be without consent if
such administering is done without the consent of the parents or legal
guardian.
(C) Exploitation of a child is a Class X felony.
(D)
Any person convicted under this Section is subject to the forfeiture provisions
of Section 11‑20.1A of this Act.
(a) It is unlawful for a child sex offender to
knowingly be present in any public park building or on real property comprising
any public park when persons under the age of 18 are present in the building or
on the grounds and to approach, contact, or communicate with a child under 18
years of age, unless the offender is a parent or guardian of a person under 18
years of age present in the building or on the grounds.
(b)
It is unlawful for a child sex offender to knowingly loiter on a public way
within 500 feet of a public park building or real property comprising any
public park while persons under the age of 18 are present in the building or on
the grounds and to approach, contact, or communicate with a child under 18
years of age, unless the offender is a parent or guardian of a person under 18
years of age present in the building or on the grounds.
(b‑5)
It is unlawful for a child sex offender to knowingly reside within 500 feet of
a playground or a facility providing programs or services exclusively directed
toward persons under 18 years of age. Nothing in this subsection (b‑5)
prohibits a child sex offender from residing within 500 feet of a playground or
a facility providing programs or services exclusively directed toward persons
under 18 years of age if the property is owned by the child sex offender and
was purchased before the effective date of this amendatory Act of the 91st
General Assembly.
(b‑6)
It is unlawful for a child sex offender to knowingly reside within 500 feet of
the victim of the sex offense. Nothing in this subsection (b‑6) prohibits
a child sex offender from residing within 500 feet of the victim if the
property in which the child sex offender resides is owned by the child sex
offender and was purchased before the effective date of this amendatory Act of
the 92nd General Assembly.
This
subsection (b‑6) does not apply if the victim of the sex offense is 21
years of age or older.
(c) It is unlawful for a child sex offender to
knowingly operate, manage, be employed by, volunteer at, be associated with, or
knowingly be present at any facility providing programs or services exclusively
directed towards persons under the age of 18. This does not prohibit a child
sex offender from owning the real property upon which the programs or services
are offered, provided the child sex offender refrains from being present on the
premises for the hours during which the programs or services are being offered.
(d) Definitions. In this Section:
(1)
"Child sex offender" means any person who:
(i)
has been charged under Illinois law, or any substantially similar federal law
or law of another state, with a sex offense set forth in paragraph (2) of this
subsection (d) or the attempt to commit an included sex offense, and:
(A)
is convicted of such offense or an attempt to commit such offense; or
(B)
is found not guilty by reason of insanity of such offense or an attempt to
commit such offense; or
(C)
is found not guilty by reason of insanity pursuant to subsection (c) of Section
104‑25 of the Code of Criminal Procedure of 1963 of such offense or an
attempt to commit such offense; or
(D)
is the subject of a finding not resulting in an acquittal at a hearing conducted
pursuant to subsection (a) of Section 104‑25 of the Code of Criminal
Procedure of 1963 for the alleged commission or attempted commission of such
offense; or
(E)
is found not guilty by reason of insanity following a hearing conducted
pursuant to a federal law or the law of another state substantially similar to
subsection (c) of Section 104‑25 of the Code of Criminal Procedure of
1963 of such offense or of the attempted commission of such offense; or
(F)
is the subject of a finding not resulting in an acquittal at a hearing
conducted pursuant to a federal law or the law of another state substantially
similar to subsection (a) of Section 104‑25 of the Code of Criminal
Procedure of 1963 for the alleged violation or attempted commission of such
offense; or
(ii)
is certified as a sexually dangerous person pursuant to the Illinois Sexually
Dangerous Persons Act, or any substantially similar federal law or the law of
another state, when any conduct giving rise to such certification is committed
or attempted against a person less than 18 years of age; or
(iii)
is subject to the provisions of Section 2 of the Interstate Agreements on
Sexually Dangerous Persons Act
Convictions
that result from or are connected with the same act, or result from offenses
committed at the same time, shall be counted for the purpose of this Section as
one conviction. Any conviction set aside pursuant to law is not a conviction
for purposes of this Section.
(2)
Except as otherwise provided in paragraph (2.5), "sex offense" means:
(i)
A violation of any of the following Sections of the Criminal Code of 1961: 10‑7
(aiding and abetting child abduction under Section 10‑5(b)(10)), 10‑5(b)(10)
(child luring), 11‑6 (indecent
solicitation of a child), 11‑6.5
(indecent solicitation of an adult), 11‑9 (public indecency when
committed in a school, on the real property comprising a school, on a
conveyance owned, leased, or contracted by a school to transport students to or
from school or a school related activity, or in a public park), 11‑9.1 (sexual exploitation of a child),
11‑15.1 (soliciting for a juvenile prostitute), 11‑17.1 (keeping a
place of juvenile prostitution), 11‑18.1 (patronizing a juvenile
prostitute), 11‑19.1 (juvenile pimping), 11‑19.2
(exploitation of a child), 11‑20.1 (child pornography), 11‑21
(harmful material), 12‑14.1
(predatory criminal sexual assault of a child), 12‑33 (ritualized abuse
of a child), 11‑20 (obscenity) (when that offense was committed in any
school, on real property comprising any school, on any conveyance owned,
leased, or contracted by a school to transport students to or from school or a
school related activity, or in a public park). An attempt to commit any of
these offenses.
(ii)
A violation of any of the following Sections of the Criminal Code of 1961, when
the victim is a person under 18 years of age: 12‑13
(criminal sexual assault), 12‑14
(aggravated criminal sexual assault), 12‑15
(criminal sexual abuse), 12‑16
(aggravated criminal sexual abuse). An attempt to commit any of these offenses.
(iii)
A violation of any of the following Sections of the Criminal Code of 1961, when
the victim is a person under 18 years of age and the defendant is not a parent
of the victim:
10‑1 (kidnapping),
10‑2
(aggravated kidnapping),
10‑3
(unlawful restraint)
10‑3.1
(aggravated unlawful restraint).
An
attempt to commit any of these offenses.
(iv)
A violation of any former law of this State substantially equivalent to any
offense listed in clause (2)(i) of this subsection (d).
(2.5)
For the purposes of subsection (b‑5) only, a sex offense means:
(i)
A violation of any of the following Sections of the Criminal Code of 1961:
10‑5(b)(10)
(child luring), 10‑7 (aiding and abetting child abduction under Section
10‑5(b)(10)), 11‑6 (indecent solicitation of a child), 11‑6.5
(indecent solicitation of an adult), 11‑15.1 (soliciting for a juvenile
prostitute), 11‑17.1 (keeping a place of juvenile prostitution), 11‑18.1
(patronizing a juvenile prostitute), 11‑19.1 (juvenile pimping), 11‑19.2
(exploitation of a child), 11‑20.1 (child pornography), 12‑14.1
(predatory criminal sexual assault of a child), or 12‑33 (ritualized abuse
of a child). An attempt to commit any of these offenses.
(ii)
A violation of any of the following Sections of the Criminal Code of 1961, when
the victim is a person under 18 years of age: 12‑13 (criminal sexual
assault), 12‑14 (aggravated criminal sexual assault), 12‑16
(aggravated criminal sexual abuse), and subsection (a) of Section 12‑15
(criminal sexual abuse). An attempt to commit any of these offenses.
(iii)
A violation of any of the following Sections of the Criminal Code of 1961, when
the victim is a person under 18 years of age and the defendant is not a parent
of the victim:
10‑1
(kidnapping),
10‑2
(aggravated kidnapping),
10‑3
(unlawful restraint),
10‑3.1
(aggravated unlawful restraint).
An
attempt to commit any of these offenses.
(iv)
A violation of any former law of this State substantially equivalent to any
offense listed in this paragraph (2.5) of this subsection.
(3)
A conviction for an offense of federal law or the law of another state that is
substantially equivalent to any offense listed in paragraph (2) of this
subsection (d) shall constitute a conviction for the purpose of this Section. A
finding or adjudication as a sexually dangerous person under any federal law or
law of another state that is substantially equivalent to the Sexually Dangerous
Persons Act shall constitute an adjudication for the purposes of this Section.
(4)
"Public park" includes a park, forest preserve, or conservation area
under the jurisdiction of the State or a unit of local government.
(5)
"Facility providing programs or services directed towards persons under
the age of 18" means any facility providing programs or services
exclusively directed towards persons under the age of 18.
(6)
"Loiter" means:
(i) Standing, sitting idly, whether or
not the person is in a vehicle or remaining in or around public park property.
(ii) Standing,
sitting idly, whether or not the person is in a vehicle or remaining in or
around public park property, for the purpose of committing or attempting to
commit a sex offense.
(7)
"Playground" means a piece of land owned or controlled by a unit of
local government that is designated by the unit of local government for use
solely or primarily for children's recreation.
(e)
Sentence. A person who violates this Section is guilty of a Class 4 felony.
(a)
A person commits sexual relations within families if he or she:
(1)
Commits an act of sexual penetration as defined in Section 12‑12 of this
Code; and
(2) The
person knows that he or she is related to the other person as follows: (i)
Brother or sister, either of the whole blood or the half blood; or (ii) Father
or mother, when the child, regardless of legitimacy and regardless of whether
the child was of the whole blood or half‑blood or was adopted, was 18
years of age or over when the act was committed; or (iii) Stepfather or
stepmother, when the stepchild was 18 years of age or over when the act was
committed.
(b) Sentence. Sexual relations within families is a Class 3 felony.
(a)
A person at least 17 years of age who discloses on an adult obscenity or child
pornography Internet site the name, address, telephone number, or e‑mail
address
of a
person under 17 years of age at the time of the commission of the offense or of
a person at least 17 years of age without the consent of the person at least 17
years of age is guilty of the offense of posting of identifying information on
a pornographic Internet site.
(b)
Sentence. A person who violates this Section is guilty of a Class 4 felony if
the victim is at least 17 years of age at the time of the offense and a Class 3
felony if the
victim
is under 17 years of age at the time of the offense.
(c)
Definitions. For purposes of this Section:
(1)
"Adult obscenity or child pornography Internet site" means a site on
the Internet that contains material that is obscene as defined in Section 11‑20
of this Code or that is child pornography as defined in Section 11‑20.1
of this Code.
(2)
"Internet" includes the World Wide Web, electronic mail, a news group
posting, or Internet file transfer.
(a)
The accused commits criminal sexual assault if he or she:
(1) commits an act of sexual penetration
by the use of force or threat of force; or
(2) commits an act of sexual penetration
and the accused knew that the victim was unable to understand the nature of the
act or was unable to give knowing consent; or
(3) commits an act of sexual penetration
with a victim who was under 18 years of age when the act was committed and the
accused was a family member; or
(4) commits an act of sexual penetration
with a victim who was at least 13 years of age but under 18 years of age when
the act was committed and the accused was 17 years of age or over and held a
position of trust, authority or supervision in relation to the victim.
(b) Sentence.
(1) Criminal sexual assault is a Class 1
felony.
(2) A person who is convicted of the
offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2)
after having previously been convicted of the offense of criminal sexual
assault, or who is convicted of the offense of criminal sexual assault as
defined in paragraph (a)(1) or (a)(2) after having previously been convicted
under the laws of this State or any other state of an offense that is
substantially equivalent to the offense of criminal sexual assault, commits a
Class X felony for which the person shall be sentenced to a term of
imprisonment of not less than 30 years and not more than 60 years. The
commission of the second or subsequent offense is required to have been after
the initial conviction for this paragraph (2) to apply.
(3) A person who is convicted of the
offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2)
after having previously been convicted of the offense of aggravated criminal
sexual assault or the offense of predatory criminal sexual assault of a child,
or who is convicted of the offense of criminal sexual assault as defined in
paragraph (a)(1) or (a)(2) after having previously been convicted under the
laws of this State or any other state of an offense that is substantially
equivalent to the offense of aggravated criminal sexual assault or the offense
of criminal predatory sexual assault shall be sentenced to a term of natural
life imprisonment. The commission of the second or subsequent offense is
required to have been after the initial conviction for this paragraph (3) to
apply.
(4) A second or subsequent conviction for
a violation of paragraph (a)(3) or (a)(4) or under any similar statute of this
State or any other state for any offense involving criminal sexual assault that
is substantially equivalent to or more serious than the sexual assault
prohibited under paragraph (a)(3) or (a)(4) is a Class X felony.
(5) When a person has any such prior
conviction, the information or indictment charging that person shall state such
prior conviction so as to give notice of the State's intention to treat the
charge as a Class X felony. The fact of such prior conviction is not an element
of the offense and may not be disclosed to the jury during trial unless
otherwise permitted by issues properly raised during such trial.
(a) The accused commits aggravated
criminal sexual assault if he or she commits criminal sexual assault and any of
the following aggravating circumstances existed during, or for the purposes of
paragraph (7) of this subsection (a) as part of the same course of conduct as,
the commission of the offense:
(1) the accused displayed, threatened to use, or used a dangerous
weapon, other than a firearm, or any object fashioned or utilized in such a
manner as to lead the victim under the circumstances reasonably to believe it
to be a dangerous weapon; or
(2) the accused caused bodily harm, except
as provided in subsection (a)(10), to the victim; or
(3) the accused acted in such a manner as
to threaten or endanger the life of the victim or any other person; or
(4) the criminal sexual assault was
perpetrated during the course of the commission or attempted commission of any
other felony by the accused; or
(5) the victim was 60 years of age or over
when the offense was committed; or
(6) the victim was a physically
handicapped person; or
(7) the accused delivered (by injection,
inhalation, ingestion, transfer of possession, or any other means) to the
victim without his or her consent, or by threat or deception, and for other
than medical purposes, any controlled substance; or
(8) the accused was armed with a firearm;
or
(9) the accused personally discharged a
firearm during the commission of the offense; or
(10) the accused, during the commission of
the offense, personally discharged a firearm that proximately caused great
bodily harm, permanent disability, permanent disfigurement, or death to another
person.
(b) The accused commits aggravated
criminal sexual assault if the accused was under 17 years of age and (i)
commits an act of sexual penetration with a victim who was under 9 years of age
when the act was committed; or (ii) commits an act of sexual penetration with a
victim who was at least 9 years of age but under 13 years of age when the act
was committed and the accused used force or threat of force to commit the act.
(c) The accused commits aggravated
criminal sexual assault if he or she commits an act of sexual penetration with
a victim who was a severely or profoundly mentally retarded person at the time
the act was committed.
(d) Sentence.
(1) Aggravated criminal sexual assault in
violation of paragraph (2),
(3), (4), (5), (6), or (7) of subsection (a) or in violation of subsection (b)
or (c) is a Class X felony. A violation of subsection (a)(1) is a Class X
felony for which 10 years shall be added to the term of imprisonment imposed by
the court. A violation of subsection (a)(8) is a Class X felony for which 15
years shall be added to the term of imprisonment imposed by the court. A
violation of subsection (a)(9) is a Class X felony for which 20 years shall be
added to the term of imprisonment imposed by the court. A violation of
subsection (a)(10) is a Class X felony for which 25 years or up to a term of
natural life imprisonment shall be added to the term of imprisonment imposed by
the court.
(2) A person who is convicted of a second
or subsequent offense of aggravated criminal
sexual assault, or who is convicted of the offense of aggravated criminal
sexual assault after having previously been convicted of the offense of
criminal sexual assault or the offense of predatory criminal sexual assault of
a child, or who is convicted of the offense of aggravated criminal sexual
assault after having previously been convicted under the laws of this or any
other state of an offense that is substantially equivalent to the offense of
criminal sexual assault, the offense of aggravated criminal sexual assault or
the offense of predatory criminal sexual assault of a child, shall be sentenced
to a term of natural life imprisonment. The commission of the second or subsequent
offense is required to have been after the initial conviction for this
paragraph (2) to apply.
(a) The accused commits
predatory criminal sexual assault of a child if:
(1)
the accused was 17 years of age or over and commits an act of sexual
penetration with a victim who was under 13 years of age when the act was
committed; or the accused was 17 years of age or over and, while armed with a
firearm, commits an act of sexual penetration with a victim who was under 13
years of age when the act was committed; or
(1.2)
the accused was 17 years of age or over and commits an act of sexual
penetration with a victim who was under 13 years of age when the act was
committed and, during the commission of the offense, the accused personally
discharged a firearm; or
(2)
the accused was 17 years of age or over and commits an act of sexual
penetration with a victim who was under 13 years of age when the act was
committed and the accused caused great bodily harm to the victim that:
(A)
resulted in permanent disability; or
(B)
was life threatening; or
(3)
the accused was 17 years of age or over and commits an act of sexual
penetration with a victim who was under 13 years of age when the act was
committed and the accused delivered (by injection, inhalation, ingestion,
transfer of possession, or any other means) to the victim without his or her
consent, or by threat or deception, and for other than medical purposes, any
controlled substance.
(b) Sentence.
(1)
A person convicted of a violation of subsection (a)(1) commits a Class X
felony. A person convicted of a violation of subsection (a)(1.1) commits a
Class X felony for which 15 years shall be added to the term of imprisonment
imposed by the court. A person convicted of a violation of subsection (a)(1.2)
commits a Class X felony for which 20 years shall be added to the term of
imprisonment imposed by the court. A person convicted of a violation of
subsection (a)(2) commits a Class X felony for which the person shall be
sentenced to a term of imprisonment of not less than 50 years or up to a term
of natural life imprisonment.
(1.1)
A person convicted of a violation of subsection (a)(3) commits a Class X felony
for which the person shall be sentenced to a term of imprisonment of not less
than 50 years and not more than 60 years.
(1.2)
A person convicted of predatory criminal sexual assault of a child committed
against 2 or more persons regardless of whether the offenses occurred as the
result of the same act or of several related or unrelated acts shall be
sentenced to a term of natural life imprisonment.
(2) A person who is
convicted of a second or subsequent offense of predatory criminal sexual
assault of a child, or who is convicted of the offense of predatory criminal
sexual assault of a child after having previously been convicted of the offense
of criminal sexual assault or the offense of aggravated criminal sexual
assault, or who is convicted of the offense of predatory criminal sexual assault
of a child after having previously been convicted under the laws of this State
or any other state of an offense that is substantially equivalent to the
offense of predatory criminal sexual assault of a child, the offense of
aggravated criminal sexual assault or the offense of criminal sexual assault,
shall be sentenced to a term of natural life imprisonment. The commission of
the second or subsequent offense is required to have been after the initial
conviction for this paragraph (2) to apply.
(a) The accused commits
criminal sexual abuse if he or she:
(1) commits an act of sexual conduct by the use of
force or threat of force; or
(2) commits an act of sexual conduct and the accused knew that the
victim was unable to understand the nature of the act or was unable to give
knowing consent.
(b) The accused commits
criminal sexual abuse if the accused was under 17 years of age and commits an
act of sexual penetration or sexual conduct with a victim who was at least 9
years of age but under 17 years of age when the act was committed.
(c) The accused commits
criminal sexual abuse if he or she commits an act of sexual penetration or
sexual conduct with a victim who was at least 13 years of age but under 17
years of age and the accused was less than 5 years older than the victim.
(d) Sentence. Criminal
sexual abuse for a violation of subsection (b) or (c) of this Section is a
Class A misdemeanor. Criminal sexual abuse for a violation of paragraph (1) or
(2) of subsection (a) of this Section is a Class 4 felony. A second or
subsequent conviction for a violation of subsection (a) of this Section is a
Class 2 felony. For purposes of this Section it is a second or subsequent conviction
if the accused has at any time been convicted under this Section or under any
similar statute of this State or any other state for any offense involving
sexual abuse or sexual assault that is substantially equivalent to or more
serious than the sexual abuse prohibited under this Section.
(a) The accused commits
aggravated criminal sexual abuse if he or she commits criminal sexual abuse as
defined in subsection (a) of Section 12‑15 of this Code and any of the
following aggravating circumstances existed during, or for the purposes of
paragraph (7) of this subsection (a) as part of the same course of conduct as,
the commission of the offense:
(1) the accused displayed, threatened to use or used a dangerous
weapon or any object fashioned or utilized in such a manner as to lead the
victim under the circumstances reasonably to believe it to be a dangerous
weapon; or
(2) the accused caused bodily harm to the victim; or
(3) the victim was 60 years of age or over when the offense was
committed; or
(4) the victim was a physically handicapped person; or
(5) the accused acted in such a manner as to threaten or endanger
the life of the victim or any other person; or
(6) the criminal sexual abuse was perpetrated during the course of
the commission or attempted commission of any other felony by the accused; or
(7) the accused delivered (by injection, inhalation, ingestion,
transfer of possession, or any other means) to the victim without his or her
consent, or by threat or deception, and for other than medical purposes, any
controlled substance.
(b) The accused commits
aggravated criminal sexual abuse if he or she commits an act of sexual conduct
with a victim who was under 18 years of age when the act was committed and the
accused was a family member.
(c) The accused commits
aggravated criminal sexual abuse if:
(1) the accused was 17 years of age or over and (i) commits an act
of sexual conduct with a victim who was under 13 years of age when the act was
committed; or (ii) commits an act of sexual conduct with a victim who was at
least 13 years of age but under 17 years of age when the act was committed and
the accused used force or threat of force to commit the act; or
(2) the accused was under 17 years of age and (i) commits an act
of sexual conduct with a victim who was under 9 years of age when the act was
committed; or (ii) commits an act of sexual conduct with a victim who was at
least 9 years of age but under 17 years of age when the act was committed and
the accused used force or threat of force to commit the act.
(d) The accused commits
aggravated criminal sexual abuse if he or she commits an act of sexual
penetration or sexual conduct with a victim who was at least 13 years of age
but under 17 years of age and the accused was at least 5 years older than the
victim.
(e) The accused commits
aggravated criminal sexual abuse if he or she commits an act of sexual conduct
with a victim who was a severely or profoundly mentally retarded person at the
time the act was committed.
(f) The accused commits
aggravated criminal sexual abuse if he or she commits an act of sexual conduct
with a victim who was at least 13 years of age but under 18 years of age when
the act was committed and the accused was 17 years of age or over and held a
position of trust, authority or supervision in relation to the victim.
(g) Sentence. Aggravated
criminal sexual abuse is a Class 2 felony.
(a) A person commits
intimidation when, with intent to cause another to perform or to omit the
performance of any act, he communicates to another, whether in person, by
telephone or by mail, a threat to perform without lawful authority any of the
following acts:
(1) Inflict physical harm on the person threatened or any other
person or on property; or
(2) Subject any person to physical confinement or restraint; or
(3) Commit any criminal offense; or
(4) Accuse any person of an offense; or
(5) Expose any person to hatred, contempt or ridicule; or
(6) Take action as a public official against anyone or anything,
or withhold official action, or cause such action or withholding; or
(7) Bring about or continue a strike, boycott or other collective
action.
(b)Sentence.
Intimidation is a Class 3
felony for which an offender may be sentenced to a term of imprisonment of not
less than 2 years and not more than 10 years.
(a) A prosecution for: (1) first degree
murder, attempt to commit first degree murder, second degree murder,
involuntary manslaughter, reckless homicide, leaving the scene of a motor
vehicle accident involving death or personal injuries under Section 11‑401
of the Illinois Vehicle Code, failing to give information and render aid under
Section 11‑403 of the Illinois Vehicle Code, concealment of homicidal
death, treason, arson, aggravated arson, forgery, or (2) any offense involving
sexual conduct or sexual penetration as defined by Section 12‑12 of this
Code in which the DNA profile of the offender is obtained and entered into a
DNA database within 10 years after the commission of the offense and the
identity of the offender is unknown after a diligent investigation by law
enforcement authorities, may be commenced at any time. Clause (2) of this
subsection (a) applies if either: (i) the victim reported the offense to law
enforcement authorities within 2 years after the commission of the offense
unless a longer period for reporting the offense to law enforcement authorities
is provided in Section 3‑6 or (ii) the victim is murdered during the
course of the offense or within 2 years after the commission of the offense.
(b) Unless the statute describing the
offense provides otherwise, or the period of limitation is extended by Section
3‑6, a prosecution for any offense not designated in Subsection (a) must
be commenced within 3 years after the commission of the offense if it is a
felony, or within one year and 6 months after its commission if it is a
misdemeanor.
The period within which a prosecution must
be commenced under the provisions of Section 3‑5 or other applicable
statute is extended under the following conditions:
(a) A prosecution for theft involving a
breach of a fiduciary obligation to the aggrieved person may be commenced as
follows:
(1) If the aggrieved person
is a minor or a person under legal disability, then during the minority or
legal disability or within one year after the termination thereof.
(2) In any other
instance, within one year after the discovery of the offense by an aggrieved
person, or by a person who has legal capacity to represent an aggrieved person
or has a legal duty to report the offense, and is not himself or herself a
party to the offense; or in the absence of such discovery, within one year
after the proper prosecuting officer becomes aware of the offense. However, in
no such case is the period of limitation so extended more than 3 years beyond
the expiration of the period otherwise applicable.
(b) A prosecution for
any offense based upon misconduct in office by a public officer or employee may
be commenced within one year after discovery of the offense by a person having
a legal duty to report such offense, or in the absence of such discovery,
within one year after the proper prosecuting officer becomes aware of the
offense. However, in no such case is the period of limitation so extended more
than 3 years beyond the expiration of the period otherwise applicable.
(a)
Except as otherwise provided in subsection (a) of Section 3‑5
of this Code and subdivision (i) or (j) of this Section, a prosecution for any
offense involving sexual conduct or sexual penetration, as defined in Section
12‑12 of this Code, where the victim and defendant are family members, as
defined in Section 12‑12 of this Code, may be commenced within one year
of the victim attaining the age of 18 years.
(b) A prosecution for
child pornography, indecent solicitation of a child, soliciting for a juvenile
prostitute, juvenile pimping or exploitation of a child may be commenced within
one year of the victim attaining the age of 18 years. However, in no such case
shall the time period for prosecution expire sooner than 3 years after the
commission of the offense. When the victim is under 18 years of age, a
prosecution for criminal sexual abuse may be commenced within one year of the victim
attaining the age of 18 years. However, in no such case shall the time period
for prosecution expire sooner than 3 years after the commission of the offense.
(c)
Except as otherwise provided in subdivision (j), a
prosecution for any offense involving sexual conduct or sexual penetration, as
defined in Section 12‑12 of this Code, where the defendant was within a
professional or fiduciary relationship or a purported professional or fiduciary
relationship with the victim at the time of the commission of the offense may
be commenced within one year after the discovery of the offense by the victim.
(d) A prosecution for any
offense set forth in Section 44 of the "Environmental Protection
Act", approved June 29, 1970, as amended, may be commenced within 5 years
after the discovery of such an offense by a person or agency having the legal
duty to report the offense or in the absence of such discovery, within 5 years
after the proper prosecuting officer becomes aware of the offense.
(f‑5) A
prosecution for any offense set forth in Section 16G‑15 or 16G‑20
of this Code may be commenced within 5 years after the discovery of the offense
by the victim of that offense.
(e)
BLANK
(f)
BLANK
(g)
Except as otherwise provided in subdivision (j), a
prosecution for criminal sexual assault, aggravated criminal sexual assault, or
aggravated criminal sexual abuse may be commenced within 10 years of the
commission of the offense if the victim reported the offense to law enforcement
authorities within 2 years after the commission of the offense.
Nothing in this subdivision (i) shall be
construed to shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(j) When the victim is
under 18 years of age at the time of the offense, a prosecution for criminal sexual
assault, aggravated criminal sexual assault, predatory criminal sexual assault
of a child, or aggravated criminal sexual abuse or a prosecution for failure of
a person who is required to report an alleged or suspected commission of any of
these offenses under the Abused and Neglected Child Reporting Act may be
commenced within 20 years after the child victim attains 18 years of age.
Nothing in this subdivision
(j) shall be construed to shorten a period within which a prosecution must be
commenced under any other provision of this Section.
The period within which a prosecution must
be commenced does not include any period in which:
(a)
The defendant is not usually and publicly resident within
this State; or
(b) The defendant is a
public officer and the offense charged is theft of public funds while in public
office; or
(c)
A prosecution is pending against the defendant for the same
conduct, even if the indictment or information which commences the prosecution
is quashed or the proceedings thereon are set aside, or are reversed on appeal;
or
(d) A proceeding or an
appeal from a proceeding relating to the quashing or enforcement of a Grand
Jury subpoena issued in connection with an investigation of a violation of a
criminal law of this State is pending. However, the period within which a
prosecution must be commenced includes any period in which the State brings a
proceeding or an appeal from a proceeding specified in this subsection (d); or
(e)
A material witness is placed on active military duty or
leave. In this subsection (e), "material witness" includes, but is
not limited to, the arresting officer, occurrence witness, or the alleged
victim of the offense.
When an offense is based
on a series of acts performed at different times, the period of limitation
prescribed by this Article starts at the time when the last such act is
committed.
My email true_perspective@yahoo.com
Revised
07/06