Within the arena of Illinois sex offenses, two exceedingly common charges are criminal sexual abuse and criminal sexual assault. Although these two crimes might sound eerily similar, there are subtle and severe differences between them — particularly from the standpoint of the potential consequences.
Illinois Laws Against Criminal Sexual Abuse
The Illinois laws against criminal sexual abuse appear at 720 ILCS 5/11-1.50. There are two different versions of this offense. The first version applies whenever a person:
- Commits an act of sexual conduct using force or the threat of force; or
- Commits an act of sexual conduct knowing that victim cannot give consent or comprehend the act.
The second version of criminal sexual abuse deals with the ages of the perpetrator and victim. An act of sexual penetration or conduct can qualify as criminal sexual abuse if:
- The perpetrator is under 17 years old, and the victim is at least nine years old but less than 17 years old; or
- The victim is between 13 and 17 years old, and the perpetrator is less than five years older than the victim.
Illinois Penalties for Criminal Sexual Abuse
Section 11-1.50 also details the Illinois penalties for criminal sexual abuse. The first version of criminal sexual abuse discussed above, it is usually charged as a Class 4 felony on the first offense. If convicted, the punishment can include $25,000 in criminal fines and one to three years in prison.
On the second or subsequent offense, criminal sexual abuse can be charged as a Class 2 felony. If convicted, the punishment can include $25,000 in criminal fines and three to seven years in prison.
The second version of criminal sexual abuse discussed above — where the victim is under 17 years old — is usually charged as a Class A misdemeanor. If convicted, the punishment can include $2,500 in criminal fines and 12 months in jail.
Illinois Laws Against Criminal Sexual Assault
The Illinois laws against criminal sexual assault appear at 720 ILCS 5/11-1.20. This offense applies whenever a person commits an act of sexual penetration and:
- Utilizes force or the threat of force;
- Knows that the victim cannot give consent or comprehend the act;
- Is a family relative, and the victim is under 18 years old; or
- Holds a position of authority, supervision, or trust, and the victim is at least 13 years old but less than 18 years old.
Illinois Penalties for Criminal Sexual Assault
Section 11-1.20 also explains the Illinois penalties for criminal sexual assault. On the first offense, criminal sexual assault is generally charged as a Class 1 felony. If convicted, the punishment can include $25,000 in criminal fines and four to 15 years in prison.
On the second or subsequent offense, criminal sexual assault is generally charged as a Class X felony. If convicted, the punishment can include $25,000 in criminal fines and six to 30 years in prison.
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.