The Illinois Criminal Code contains numerous provisions to address various crimes, including laws against and penalties for criminal sexual abuse. This offense requires sexual conduct or penetration, depending on the circumstances, and also addresses abuse against children under the age of 17.
What are the Illinois Laws Against Criminal Sexual Abuse?
720 ILCS 5/11-1.50 provides the Illinois laws against criminal sexual abuse. There are two versions of this offense in Illinois.
The first version applies when a person commits an act of sexual conduct:
- Using force or the threat of force; or
- Knowing that the victim is unable to understand the act or provide valid consent.
The second version applies when a person commits an act of sexual conduct or penetration and:
- 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 at least 13 years old but less than 17 years old, and the perpetrator is less than five years older than the victim.
What are the Illinois Penalties for Criminal Sexual Abuse?
Section 11-1.50 also establishes the Illinois penalties for criminal sexual abuse. Though the exact nature of the punishment changes based on the type of offense and the number of previous offenses, if any.
If the victim was under 17 years old — and the perpetrator was either under 17 years old or less than five years older — Class A misdemeanor charges are likely.
If convicted for a Class A misdemeanor in Illinois, the penalties can include an upper limit of 12 months in jail and $2,500 in criminal fines. Probation, conditional discharge, or court supervision for up to 24 months is available for this offense.
If the perpetrator uses force or threat of force — or knows that the victim cannot understand or give consent — Class 4 felony charges are likely on the first offense. But a second or subsequent offense likely results in Class 2 felony charges.
If convicted for a Class 4 felony in Illinois, the penalties can include 12 to 36 months in prison and up to $25,000 in criminal fines. Probation or conditional discharge for up to 30 months is available for this offense.
If convicted for a Class 2 felony in Illinois, the penalties can include 36 to 84 months in prison and up to $25,000 in criminal fines. Probation or conditional discharge for up to 48 months is available for this offense.
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.