Jul 3

Allegations of sexual assault led to an investigation and the ultimate arrest of a 30-year-old man serving as an Illinois Department of Corrections officer, according to an article by The Pantagraph


The Illinois State Police began looking into this matter after receiving complaints of sexual misconduct from inmates at the Logan Correctional Center in Lincoln, Illinois. As a result of those efforts, the authorities arrested the male officer and charged him with custodial sexual misconduct and official misconduct. 


The next steps in the legal case will likely occur in court next month. In the interim, it seems like a great opportunity to review Illinois laws against and penalties for several types of misconduct.


Custodial Sexual Misconduct


720 ILCS 5/11-9.2 provides the Illinois laws governing custodial sexual misconduct. There are two elements to this offense. First, the offender must be an employee of a:

  • Penal system;
  • Treatment and detention facility; or
  • Law enforcement agency. 

Second, the offender must engage in sexual penetration or conduct with a person in their custody. In this context, custody is a broad term, including pretrial arrest through trial, detention, and even probation or treatment. 


Any offender who commits custodial sexual misconduct is guilty of a Class 3 felony. If convicted for this class of felony, the offender can face a prison sentence between two and five years as well as criminal fines up to $25,000. 


A conviction for this offense also means automatic termination of employment from the penal system, treatment and detention facility, or law enforcement agency in question. 


Official Misconduct


720 ILCS 5/33-3 details the Illinois laws covering official misconduct. This section makes it unlawful for a public officer or government agent, while acting in their official capacity, to do any of the following:

  • Fail to perform any mandatory duties, either intentionally or recklessly;
  • Knowingly perform any illegal or unlawful act; 
  • Exceed their legal authority by performing an act with the intent to obtain personal gain; or
  • Solicit or knowingly accept any unauthorized compensation. 

Section 33-3 also conditions how law enforcement officers use certain types of confidential information. When police officers obtain such information in the course of performing their duties, it must remain confidential. If a police officer knowingly communicates such information, directly or indirectly, it can qualify as official misconduct. 


Any offender who commits official misconduct is guilty of a Class 3 felony, punishable as explained in the previous section. The public officer or government agent in question will also face automatic termination of employment. 


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.