Following a detailed investigation, the Bloomington Police Department arrested this Illinois man on Thursday, August 4. Although precise details remain scarce at this juncture, court documents did indicate that the victim was under the age of 13 years old. And the Illinois man is in police custody on a $1 million bond.
While this matter continues to progress in court, it seems appropriate to review the Illinois laws against and penalties for predatory criminal sexual assault of a child.
Illinois Laws Against Predatory Criminal Sexual Assault
The Illinois laws against predatory criminal sexual assault of a child appear under 720 ILCS 5/11-1.40. There are two different versions of this offense under Illinois law.
The first version of this offense requires a perpetrator aged at least 17 years old to make sexual contact — no matter how slight —with a victim under the age of 13 years old. This sexual contact must occur for the purpose of sexual gratification or arousal. Alternatively, such a perpetrator can commit an act of sexual penetration with a victim under the age of 13 years old.
The second version of this offense requires that the perpetrator also:
- Possess a firearm during the offense;
- Discharge a firearm during the offense;
- Cause great bodily harm, life-threatening injury, or permanent disability to the victim; or
- Deliver any controlled substance to the victim by any means, without consent or medical purpose.
Illinois Penalties for Predatory Criminal Sexual Assault
Section 11-1.40 also explains the penalty for predatory criminal sexual assault of a child. At the very least, this offense is punishable as a Class X felony with a prison sentence between six and 60 years and criminal fines up to $25,000.
That being said, certain offenses are subject to heightened penalties. For example, predatory criminal sexual assault of a child that involved:
- Firearm Possession — Increases the prison sentence by 15 years;
- Firearm Discharge — Increases the prison sentence by 20 years;
- Harm/Injury/Disability — Leads to a prison sentence of 50 years to life; or
- Controlled Substance Delivery — Leads to a prison sentence of 50 to 60 years.
In addition, Section 11-1.40 establishes a separate punishment for repeat offenders. On the second or subsequent offense, predatory criminal sexual assault of a child can result in a life sentence 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, by email at email@example.com, or by completing an online form.