The Illinois Criminal Code establishes laws against many sex crimes, including criminal sexual abuse and criminal sexual assault. Although these two criminal offenses share many similarities, there are subtle differences in their legal definitions. Additionally, criminal sexual assault carries a much more severe punishment structure.
Criminal Sexual Abuse
The Illinois laws against and penalties for criminal sexual abuse appear at 720 ILCS 5/11-1.50. Under this section, a person commits criminal sexual abuse if they:
- Commit an act of sexual conduct; and
- Use force or the threat of force; or
- The victim is unable to understand the act or incapable of providing consent.
Section 11-1.50 also details the punishment for criminal sexual abuse. A first offense is ordinarily punishable as a Class 4 felony. Upon conviction, the perpetrator can face one to three years in prison and up to $25,000 in criminal fines.
A second or subsequent offense is usually punishable as a Class 2 felony. Upon conviction, the perpetrator can face three to seven years in prison and up to $25,000 in criminal fines.
It is worth noting that Illinois law outlines two other types of criminal sexual abuse. Both of these versions deal with younger victims and perpetrators, generally under 18 years of age. In these cases, criminal sexual abuse is typically punishable as a Class 1 misdemeanor.
Criminal Sexual Assault
The Illinois laws against and penalties for criminal sexual assault appear at 720 ILCS 5/11-1.20. Under this section, a person commits criminal sexual abuse if they:
- Commit an act of sexual penetration; and
- Use force or the threat of force; or
- The victim is unable to understand the act or incapable of providing consent; or
- The perpetrator hold a position of authority, trust, or supervision over a victim aged 13 to 17 years old; or
- The victim is under 18 years old and a family member of the perpetrator.
Section 11-1.20 also provides the punishment for criminal sexual assault. A first offense is generally punishable as a Class 1 felony. Upon conviction, the perpetrator can face four to 15 years in prison and up to $25,000 in criminal fines.
A second or subsequent offense is normally punishable as a Class X felony. Upon conviction, the perpetrator can face six to 30 years in prison and up to $25,000 in criminal fines.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.