Criminal sexual assault is an Illinois crime that involves sexual penetration and, in many cases, the use or threat of force. In addition to the standard version of this offense, Illinois law also provides for aggravated criminal sexual assault. As explained in more detail below, the presence of certain aggravating factors can dramatically increase the penalties for criminal sexual assault in Illinois.
What is the Illinois Definition of Aggravated Criminal Sexual Assault?
720 ILCS 5/11-1.30 establishes the Illinois definition of aggravated criminal sexual assault. Under this law, the aggravated version of this offense applies when a person commits criminal sexual assault and also:
- Displays, uses, or threatens to use any dangerous weapon or similar object that reasonably appears to be a dangerous weapon;
- Inflicts bodily harm to the victim;
- Threatens or endangers the life any person;
- Commits or attempts to commit a separate felony crime;
- Commits the offense against an elderly or disabled victim;
- Delivers any controlled substance to the victim for non-medical purposes;
- Possesses a firearm;
- Discharges a firearm; or
- Discharges a firearm and causes great bodily harm, permanent disability or disfigurement, or death to any person.
How Does Illinois Punish Aggravated Criminal Sexual Assault?
Section 11-1.30 also explains the Illinois punishment for aggravated criminal sexual assault. At a minimum, aggravated criminal sexual assault is a Class X felony. Upon conviction for this class of felony, the offender can face criminal fines up to $25,000 and a prison sentence between six and 30 years.
In addition, Section 11-1.30 supplies enhanced penalties for aggravated criminal sexual assault that involves a dangerous weapon or firearm. If the offender displays, uses, or threatens to use any dangerous weapon or similar object, then the prison sentence increases by 10 years.
For firearm-related offenses, possession results in 15 additional years in prison. Whereas, discharging a firearm leads to 20 years more in prison. But firearm discharges that resulted in severe injury or death have 25 years to life added to the prison sentence.
Finally, Section 11-1.30 creates a separate penalty for repeat offenders. In these situations, the offender will face a life sentence in prison. Though this punishment only exists for aggravated criminal sexual assault that occurs after a previous conviction for:
- Criminal sexual assault
- Aggravated criminal sexual assault;
- Predatory criminal sexual assault of a child; or
- Any substantially similar laws in Illinois or elsewhere.
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 firstname.lastname@example.org or by completing an online form.