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Illinois Compiled Statutes
Criminal Offenses
Criminal Code of 1961
720 ILCS 5/
(720 ILCS 5/12-12) Sec. 12-12. Definitions. For the purposes of Sections
12-13 through 12-18 of this Code, the terms used in these Sections shall have the
following meanings ascribed to them:
(a) "Accused" means a person accused of an offense prohibited
by Sections 12-13, 12-14, 12-15 or 12-16 of this Code or a person for whose conduct the
accused is legally responsible under Article 5 of this Code.
(b) "Bodily harm" means physical harm, and includes, but is
not limited to, sexually transmitted disease, pregnancy and impotence.
(c) "Family member" means a parent, grandparent, or child,
whether by whole blood, half-blood or adoption and includes a step-grandparent,
step-parent or step-child. "Family member" also means, where the victim is a
child under 18 years of age, an accused who has resided in the household with such child
continuously for at least one year.
(d) "Force or threat of force" means the use of force or
violence, or the threat of force or violence, including but not limited to the following
situations: (1) when the accused threatens to use force or violence on the victim or on
any other person, and the victim under the circumstances reasonably believed that the
accused had the ability to execute that threat; or (2) when the accused has overcome the
victim by use of superior strength or size, physical restraint or physical confinement.
(e) "Sexual conduct" means any intentional or 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, for the purpose of sexual gratification or arousal of the
victim or the accused.
(f) "Sexual penetration" means any contact, however slight,
between the sex organ or anus of one person by an object, the sex organ, mouth or anus of
another person, or any intrusion, however slight, of any part of the body of one person or
of any animal or object into the sex organ or anus of another person, including but not
limited to cunnilingus, fellatio or anal penetration. Evidence of emission of semen is not
required to prove sexual penetration.
(g) "Victim" means a person alleging to have been subjected
to an offense prohibited by Sections 12-13, 12-14, 12-15 or 12-16 of this Code. (Source:
P.A. 88-167.) (720 ILCS 5/12-13)
Sec. 12-13. Criminal Sexual Assault.
(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. (Source: P.A. 90-396, eff. 1-1-98.) (720 ILCS 5/12-14)
Sec. 12-14. Aggravated Criminal Sexual Assault.
(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 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 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.
(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 an institutionalized severely or profoundly mentally retarded person at the time the act was committed.
(d) Sentence. (1) Aggravated criminal sexual assault is a Class X felony. (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. (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 90-396, eff. 1-1-98; 90-735, eff. 8-11-98.) (720 ILCS 5/12-14.1)
Sec. 12-14.1. Predatory criminal sexual assault of a child.
(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
(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)(2) or (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. (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. (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 90-396, eff. 1-1-98; 90-735, eff. 8-11-98.) (720 ILCS 5/12-15)
Sec. 12-15. Criminal sexual abuse.
(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 is a Class A misdemeanor. 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.
(Source: P.A. 85-651.) (720 ILCS 5/12-16)
Sec. 12-16. Aggravated Criminal Sexual Abuse.
(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 an institutionalized 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. (Source: P.A. 89-586, eff. 7-31-96; 90-735, eff. 8-11-98.) (720 ILCS 5/12-16.2)
(720 ILCS 5/12-21.5) Sec. 12-21.5. Child Abandonment.
(a) A person commits the offense of child abandonment when he or she,
as a parent, guardian, or other person having physical custody or control of a child,
without regard for the mental or physical health, safety, or welfare of that child,
knowingly leaves that child who is under the age of 13 without supervision by a
responsible person over the age of 14 for a period of 24 hours or more.
(b) For the purposes of determining whether the child was left without
regard for the mental or physical health, safety, or welfare of that child, the trier of
fact shall consider the following factors: (1) the age of the child; (2) the number of
children left at the location; (3) special needs of the child, including whether the child
is physically or mentally handicapped, or otherwise in need of ongoing prescribed medical
treatment such as periodic doses of insulin or other medications; (4) the duration of time
in which the child was left without supervision; (5) the condition and location of the
place where the child was left without supervision; (6) the time of day or night when the
child was left without supervision; (7) the weather conditions, including whether the
child was left in a location with adequate protection from the natural elements such as
adequate heat or light; (8) the location of the parent, guardian, or other person having
physical custody or control of the child at the time the child was left without
supervision, the physical distance the child was from the parent, guardian, or other
person having physical custody or control of the child at the time the child was without
supervision; (9) whether the child's movement was restricted, or the child was otherwise
locked within a room or other structure; (10) whether the child was given a phone number
of a person or location to call in the event of an emergency and whether the child was
capable of making an emergency call; (11) whether there was food and other provision left
for the child; (12) whether any of the conduct is attributable to economic hardship or
illness and the parent, guardian or other person having physical custody or control of the
child made a good faith effort to provide for the health and safety of the child; (13) the
age and physical and mental capabilities of the person or persons who provided supervision
for the child; (14) any other factor that would endanger the health or safety of that
particular child; (15) whether the child was left under the supervision of another person.
(d) Child abandonment is a Class 4 felony. A second or subsequent offense after a prior
conviction is a Class 3 felony. (Source: P.A. 88-479.) (720 ILCS 5/12-21.6)
Sec. 12-21.6. Endangering the life or health of a child.
(a) It is unlawful for any person to willfully cause or permit the life
or health of a child under the age of 18 to be endangered or to willfully cause or permit
a child to be placed in circumstances that endanger the child's life or health.
(b) A violation of this Section is a Class A misdemeanor. A second or
subsequent violation of this Section is a Class 3 felony. A violation of this Section that
is a proximate cause of the death of the child is a Class 3 felony for which a person, if
sentenced to a term of imprisonment, shall be sentenced to a term of not less than 2 years
and not more than 10 years. (Source: P.A. 90-687, eff. 7-31-98.) (720 ILCS 5/12-22)
Sec. 12-22. Probation. (a) Whenever a parent of a child as determined by the court on the facts before it, pleads guilty to or is found guilty of, with respect to his or her child, child abandonment under Section 12-21.5 of the Criminal Code of 1961 or endangering the life or health of a child under Section 12-21.6 of the Criminal Code of 1961, the court may, without entering a judgment of guilt and with the consent of the person, defer further proceedings and place the person upon probation upon the reasonable terms and conditions as the court may require. At least one term of the probation shall require the person to cooperate with the Department of Children and Family Services at the times and in the programs that the Department of Children and Family Services may require. (b) Upon fulfillment of the terms and conditions imposed under subsection (a), the court shall discharge the person and dismiss the proceedings. Discharge and dismissal under this Section shall be without court adjudication of guilt and shall not be considered a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime. However, a record of the disposition shall be reported by the clerk of the circuit court to the Department of State Police under Section 2.1 of the Criminal Identification Act, and the record shall be maintained and provided to any civil authority in connection with a determination of whether the person is an acceptable candidate for the care, custody and supervision of children. (c) Discharge and dismissal under this Section may occur only once. (d) Probation under this Section may not be for a period of less than 2 years. (e) If the child dies of the injuries alleged, this Section shall be inapplicable. (Source: P.A. 88-479.)
SOURCE: http://www.legis.state.il.us/ilcs/ch720/ch720act5articles/ch720act5Sub12.htm
720 ICLS 5/11-6 Indecent Solicitation of a child
§ 11-6 Indecent solicitation of a child.
(a) Any person of the age of 17 years and upwards who solicits a child under the age of 13
to do any act, which if done would be aggravated criminal sexual assault, criminal sexual
assault, aggravated criminal sexual abuse or criminal sexual abuse, commits indecent
solicitation of a child.
(b) It shall not be a defense to indecent solicitation of a child that the accused
reasonably believed the child to be of the age of 13 years and upwards.
(c) sentence
Indecent solicitation of a child is:
(1) a class A misdemeanor when the act, if
done, would be criminal sexual abuse.
(2) a class 4 felony when the act, if done,
would be criminal sexual assault, aggravated criminal
sexual assault, or aggravated sexual abuse.
source: illinoislaw.net
07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:
http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF