A Bloomington, Illinois man faces four counts of predatory criminal sexual assault of a child in McLean County, according to an article by The Pantagraph.
This Illinois man allegedly committed sexual conduct with a minor child under the age of 13. According to reports, the four offenses happened between November 6 and December 1 of 2021.
Local authorities issued a warrant for the Illinois man’s arrest on December 16, and a judge set the man’s bond at $1 million.
While this matter continues to develop from a legal standpoint, it seems appropriate to review the Illinois laws against and punishment for predatory criminal sexual assault of a child.
Illinois Laws Against Predatory Criminal Sexual Assault
720 ILCS 5/11-1.40 furnishes the Illinois laws against predatory criminal sexual assault of a child. Under this section, this offense applies when the perpetrator is at least 17 years old, and the victim is less than 13 years old. If such a perpetrator engages in an act of sexual conduct — even if the conduct is minor or slight — with such a victim, it qualifies as predatory criminal sexual assault under Illinois law.
In addition, Section 11-1.40 provides several aggravating factors that can result in a more severe punishment. Enhanced penalties can apply if the perpetrator commits predatory criminal sexual assault and also:
- Possessed a firearm;
- Discharged a firearm;
- Caused great bodily harm of a life-threatening nature or that results in permanent disability; or
- Delivered any controlled substance without consent or medical justification.
Illinois Punishment for Predatory Criminal Sexual Assault
Section 11-1.40 also supplies the Illinois punishment for predatory criminal sexual assault of a child. At a minimum, this offense is charged as a Class X felony, without the possibility of probation or conditional discharge. If convicted, the punishment can include criminal fines and imprisonment for six to 60 years.
As noted above, however, Section 11-1.40 also establishes enhanced penalties for certain types of predatory criminal sexual assault offenses. The charge remains a Class X felony, but if the perpetrator:
- Possessed a Firearm — The prison sentence increases by 15 years;
- Discharged a Firearm — The prison sentence increases by 20 years;
- Delivered any Controlled Substance — The prison sentence increases by 50 to 60 years ; or
- Caused Great Bodily Harm — The prison sentence increases by 50 years to life.
If the perpetrator was 17 years old at the time of the offense, however, they will likely face charges as juvenile. In which case, there are separate sentencing guidelines under Section 5-4.5-105 of the Unified Code of Corrections.
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.