Criminal Sexual Abuse
Definition of Criminal Sexual Abuse.
(a) In Illinois, a person commits criminal sexual abuse if that person:
(1) commits an act of sexual conduct by the use of force or threat of force (this offense is a Class 4 felony); or
(2) commits an act of sexual conduct and knows that the victim is unable to understand the nature of the act or is unable to give knowing consent. This offense is a Class 4 felony.
(b) In Illinois, a person commits criminal sexual abuse if that person is under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who is at least 9 years of age but under 17 years of age. This offense is a Class A misdemeanor.
(c) In Illinois, a person commits criminal sexual abuse if that 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 less than 5 years older than the victim. This offense is a Class A misdemeanor.
(d) Sentence. 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 accuses 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.
Court Supervision: Under 730 ILCS 5/5-6-1(c), a defendant who is charged with criminal sexual abuse is not eligible for a disposition of court supervision.
“Force or threat of force” means the use of force or violence or the threat of force or violence, including, but 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 believes that the accused has the ability to execute that threat; or
(2) when the accused overcome the victim by use of superior strength or size, physical restraint, or physical confinement.
“Sexual Conduct” means any knowing touching or foundling 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, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.
“Sexual penetration” means any contact, however slight, between the sex organ or anus of one person and an object or 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.