Sex Crimes

If you are charged with a sex crime in Illinois, you are facing very serious consequences. A conviction for most sex crimes will require you to register as a sex offender. This means that your name, address and criminal history will be available to the public in a National sex offender database. A registered sex offender often has difficulty obtaining a job or living in a particular location. This is why it is extremely important that you retain a skilled criminal defense attorney to represent you. Some laws against sex crimes in Illinois are outlined below.

Criminal Sexual Assault (720 ILCS 5/11-1.20)

Criminal sexual assault consists of sexual penetration and one of the following:

• Force or threat of force
• The victim was unable to understand the nature of the act or to give consent
• The victim was under 18 years of age and the defendant is a family member
• The victim was over 13 years old and under 18 years of age, and the defendant was older than 17 years of age and was in a position of trust, authority, or supervision in relation to the victim
• Sexual penetration is when there is actual intrusion into the victim’s genitals or contact between the defendant’s genitals and the victim’s genitals, mouth, or anus
• Criminal Sexual Assault is a non-probationable Class 1 felony, punishable by 4 to 30 years imprisonment and a fine up to $25,000

Predatory Criminal Sexual Assault (720 ILCS 5/12-14.1)

• Predatory criminal sexual assault occurs when there is sexual penetration where the accused was 17 years of age or older and the victim was 12 years of age or younger
• Predatory Criminal Sexual Assault is a non-probationable Class X felony punishable by 6 to 30 years incarceration.

Criminal Sexual Abuse (720 ILCS 5/11-1.50)

Criminal Sexual Abuse is a Class A misdemeanor when there is sexual conduct or penetration under one of the following conditions:

• The victim was between the ages of 9 and 16, and the accused was under 17
• he victim was between 13 and 16, and the accused was 17 or older, but not 5 years older than the victim

Criminal Sexual Abuse is a Class 4 felony when the defendant commits sexual conduct and one of the following situations is present:

• The act was committed by force or threat of force; or
• he victim was unable to understand the nature of the act or to give knowing consent

Under Illinois law, a person commits the crime of sexual abuse by committing sexual touching (short of penetration) by force or threat of force, or knowing that the victim is unable to consent to or understand the act.

Aggravated Criminal Sexual Assault and Sexual Abuse

The defendant is guilty of aggravated sexual assault or abuse if one of the following factors is present with assault or abuse:

• The defendant uses, threatens, displays, or is armed with a weapon
• The defendant causes bodily harm
• The defendant endangers or threatens a life
• The defendant gives the victim a controlled substance without the victim’s consent
• The assault or abuse was committed during the course of another felony; or
• The victim was over 60 years old, physically handicapped, or severely mentally disabled

Aggravated Criminal Sexual Abuse is a Class 2 felony, punishable by three to 14 years in prison and a fine of up to $25,000. A person would also be guilty of aggravated criminal sexual abuse if he commits sexual conduct and any one of the following scenarios is present:

• The victim was 17 years of age or under, and the accused was a family member
• The victim was 12 years old or younger and the accused was 17 years old or older
• The victim was 13 through 16 years old, and the defendant, age 17, used force or threat of force
• The victim was 8 years of age or younger, and the defendant was 17 years old or older
• The victim was age 9 through 16 and the accused was 17 years old and used force or threat of force
• The victim was severely or profoundly mentally retarded
• The victim was age 13 to 17 and the offender was 17 years old or older and held a position of trust, authority, or supervision in relation to the victim commits an act of sexual penetration with the victim who is age 13 through 17 and the offender is 5 years older than the victim.

Aggravated Criminal Sexual Assault is a Class X felony and non-probationable. The offense is punishable by 6 to 30 years in prison. It is also aggravated criminal sexual assault when there is:

• Sexual penetration where the victim was 8 years old or younger, and the accused was 16 years old or younger
• Sexual penetration where the victim was age 9 through 12, if force or threat of force was used

Prostitution

• Usually charged as a Class A misdemeanor
• If the offense is committed within 1,000 feet of a school, it is a Class 4 felony

Possession of Child Pornography

• Child pornography is any visual depiction, whether photo, film, computer generated image, or picture, of a minor engaging in sexually explicit conduct
• Depending on the specific circumstances, Possession of Child Pornography can be as serious as a Class X Felony

Solicitation

• Solicitation is defined as asking sex in exchange for money or something of value
• Solicitation of a sexual act is a Class A misdemeanor
• Solicitation of a sexual act from a person who is under the age of 18 or who is severely or profoundly intellectually disabled is a Class 4 felony

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