Being charged with aggravated criminal sexual abuse is serious. A conviction can lead to prison time, mandatory sex offender registration, and a permanent record that affects your future. The legal process moves quickly, and waiting to respond can hurt your case.

You may not know what to do next, but what you do today matters. What you say, who you talk to, and how you handle the situation can influence the outcome of your case.

If you don’t know what to do next, speak to our Chicago, IL criminal lawyer, Andrew M. Weisberg. The best way to defend yourself is to have a strong legal strategy in place.

1. Stay Silent—Don’t Talk to the Police

One of the biggest mistakes people make after an arrest is trying to explain themselves to law enforcement. You might think cooperating will clear things up or prove your innocence, but that’s not how it works. Anything you say can and will be used against you.

Police officers may tell you they just want to hear your side of the story or say that staying silent makes you look guilty. Don’t fall for it. Even a seemingly harmless statement can be twisted and used to strengthen the prosecution’s case.

Instead, politely but firmly say, “I am invoking my right to remain silent, and I want to speak with my attorney.” Then, stop talking. You are under no obligation to answer questions without a lawyer present.

2. Contact a Criminal Defense Attorney Immediately

Aggravated criminal sexual abuse is a serious charge, and the prosecution is already working to convict you. Fighting this alone is risky. You need a criminal defense lawyer who understands Illinois law and will protect your rights.

A defense attorney can:

• Review the charges and explain your legal options
• Identify weaknesses in the prosecution’s case
• Gather evidence and find witnesses for your defense
• Challenge unlawful police tactics or rights violations
• Negotiate for reduced charges or case dismissal
• Represent you in court and build a strong defense

Not all lawyers are the same. You need someone who understands Illinois law, knows the local courts, and has experience handling sex crime cases.

3. Gather and Preserve Any Evidence That Supports Your Defense

The prosecution will present evidence, but their version isn’t the only one that matters. Preserve anything that could help your defense, including:

• Text messages, emails, or social media conversations
• Receipts, GPS data, or surveillance footage proving your location
• Witness statements that support your account
• Medical records that contradict the accuser’s claims

Do not delete or alter anything. Tampering with evidence can lead to additional charges.

4. Follow All Legal Requirements and Court Orders

After an arrest, the court may impose restrictions on your actions. These could include:

• No-contact orders prohibiting communication with the accuser
• Bail conditions that require check-ins, travel restrictions, or electronic monitoring
• Court appearances that you must attend on specific dates

Ignoring these orders, even accidentally, can lead to additional charges or a revoked bail.

Build Your Case with Chicago, IL Criminal Defense Lawyers

Aggravated criminal sexual abuse charges are serious, but they are not unbeatable. Our defense attorneys at the Law Offices of Andrew Weisberg know how these cases work. We understand the tactics prosecutors use and how to challenge weak evidence, misleading testimony, and unfair legal strategies.

Every case is different, and a strong defense starts with a criminal defense lawyer who knows how to build the right strategy for your situation. Whether it’s negotiating for reduced charges, fighting for a case dismissal, or taking your defense to trial, hiring Andrew M. Weisberg can be the difference between conviction and freedom.

Don’t wait for the prosecution to gain the upper hand. Call (773) 908-9811 or contact us online to start your defense today.

Child sexual abuse charges are serious. A conviction for this crime can send someone to prison in Illinois for decades. That’s why if you or someone you love is facing these significant charges, you not only need an experienced attorney, but you also need to know what these charges mean.

Criminal sexual abuse in Illinois isn’t simply one crime, but many different types of acts. The more people understand these types of laws the better prepared they can be if they are ever charged with a crime involving sexual abuse or assault on a child.

Here is what you need to know about criminal sexual abuse in Illinois.

What Is Criminal Sexual Abuse in Illinois?

Under Illinois law, criminal sexual abuse is a crime that is similar to criminal sexual assault but just slightly different. Criminal sexual abuse does not involve penetration but instead involves criminal sexual conduct crimes where the threat of force or force is used such as molestation.

When a child is the victim of these crimes, it’s clear that they can legally not consent to it or were forced to engage in the act. That makes this crime a Class 4 felony in Illinois. If a person is convicted of a Class 4 felony for this crime, then they can be sent to prison for up to three years. But if the accused has prior convictions on their criminal record, then they can be sentenced to as many as seven years in prison upon conviction.

One part of the law that is interesting to note is that criminal sexual abuse can involve penetration, but only in cases where it is perpetrated by a minor. For perpetrators that are under the age of 17 with victims between the ages of 9 and 16 or victims between 13 and 16 with perpetrators who are less than five years their senior, this crime can be charged. However, it’s often considered a Class A misdemeanor in these cases, which can result in up to 12 months of imprisonment.

Aggravated Criminal Sexual Abuse

Criminal sexual abuse can also be an aggravated crime. That means that aggravating factors are a part of the case, which can drive the crime up to a Class 2 felony and make the penalties even higher – up to seven years imprisonment.

Aggravating factors in these cases include things such as:

• A victim younger than 17 with a family member as the perpetrator
• A victim between 9 and 16 who is abused by the threat of force or by force
• A victim who is under age 12 with the age of the perpetrator being 17 or higher
• A victim 8 or younger and a perpetrator who is under the age of 17

The penalties faced can vary, especially in cases where the crime is perpetrated by a family member.

Other Sex Crimes Against Children in Illinois

There are several other crimes a person can be charged with involving children and sexual abuse in Illinois. They include:

• Criminal sexual assault – This Class 1 felony can put a person in prison for up to 15 years, but can be considered a Class X felony in some cases where the accused has a previous criminal history.
• Aggravated criminal sexual assault – This is a Class X felony in Illinois, which can put a person in prison for up to life in some situations.
• Predatory criminal sexual assault – Also a Class X felony in Illinois, this is a serious crime.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

When many people hear the term “sex crime,” they often think of sexual assault. But, in Illinois, sex crimes are defined by many acts beyond sexual assault – some of which may surprise you.

When someone is accused of sex crimes, it’s serious. After all, being found guilty of a sex crime can have a profound impact on the rest of a person’s life, beyond any time they may have to spend in prison. This is precisely why it pays to understand the laws surrounding sex crimes in the state.

What types of crimes qualify as sex crimes in Illinois? What are the penalties? These questions and more are answered here in this comprehensive guide to Illinois sex crimes.

Sex Crimes in Illinois

There are several crimes that qualify as sex crimes in our state. They are:

Criminal Sexual Assault

In the state of Illinois, you don’t see the prosecution charge someone with rape. According to Illinois law, what some people would call “rape” is actually criminal sexual assault.

The reason the term rape has been taken out of court proceedings: The state legislature thought that calling it criminal sexual assault would reduce the stigma that often comes attached to the crime. They hoped this would encourage more people who have been victimized to come forward.

Sexual assault takes place when, in an act of sexual penetration, one or more of the following is perpetrated:

• Force or threat is used
• The victim was unable to give appropriate consent
• The victim is under the age of 18 and is a family member of the accused
• The victim is between 13 and 18 years old and the accused is over 17 – they are either in a position of authority over or related to the victim

According to the Illinois Rape Crisis Center, statistically, the most common perpetrator in criminal sexual assault cases is a friend, acquaintance, neighbor, or coworker of the victim.

Aggravated Criminal Sexual Assault

Aggravated criminal sexual assault occurs when sexual assault is accompanied by at least one of these factors:

• The use of a dangerous weapon in the commission of the crime
• Bodily harm is inflicted on the victim
• The victim’s life or the life of another was threatened
• Another felony was perpetrated at the same time
• The victim was over the age of 60
• The victim was considered physically handicapped
• The victim was drugged by the accused with a controlled substance
• A firearm was discharged by the defendant during the crime
• A firearm was discharged by the defendant during the crime and caused bodily harm to the victim or someone else

There are other circumstances where someone can be charged with aggravated sexual assault, as well. These factors are dependent on the age of the perpetrator when compared to the age of the victim and include:

• Sexual penetration of a victim aged eight or younger by someone age 16 or younger
• Sexual penetration of a victim ages nine to 12 where the threat of force or force was used
• Sexual penetration of a victim who, regardless of age, is severely mentally disabled

Predatory Criminal Sexual Assault

A person commits predatory criminal sexual assault when they commit a crime that involves these particular elements:

• A defendant aged 17 or older sexually penetrates a victim aged 12 or younger
• A defendant aged 17 or older sexually penetrates a victim aged 12 or younger, and a firearm was involved in some capacity in the crime
• A defendant aged 17 or older sexually penetrates a victim aged 12 or younger, and they delivered a controlled substance to the victim

Criminal Sexual Abuse

Criminal sexual abuse can be either a misdemeanor or a felony in Illinois. Misdemeanor sexual abuse occurs if a person commits sexual penetration or conduct in these varied scenarios:

• The victim was between the ages of 9 and 16, and the person accused was under the age of 17
• The victim was between the ages of 13 and 16, and the person accused is 17 or older, but not more than five years older than the victim

Felony criminal sexual abuse is perpetrated when there is sexual conduct along with the threat of force or force. This occurs with a victim who is unable to understand the act and give their consent.

Aggravated Criminal Sexual Abuse

Aggravated criminal sexual abuse in Illinois is perpetrated when criminal sexual abuse occurs along with one of these elements:

• The use of a dangerous weapon
• A victim who is 60 or older
• Bodily harm was done to the victim
• A threat was made against the victim’s life or the life of another
• Another felony was committed at the same time
• The victim was physically handicapped
• The victim was drugged by the defendant with a controlled substance

Aggravated criminal sexual abuse can also occur in circumstances where the victim is 17 or younger, and the perpetrator is a family member – as well as sexual conduct in any of these scenarios:

• The perpetrator is at least 17 with a victim who is 12 or younger
• The perpetrator is at least 17 and the victim is between 13 and 16
• The perpetrator is at least 17 and the victim is under the age of 8
• The perpetrator is at least 17 and the victim is between 9 and 16 and the threat of force was used
• The victim is someone who is mentally disabled with a defendant of any age
• The defendant is at least 17 and in a position of trust or authority over a victim between the ages of 13 and 17
• A defendant who is at least 17 years old and a minimum of five years older than a victim, who is between the ages of 13 and 17

How Are Sex Crimes Investigated?

When police investigate sex crimes in Illinois, they use several different methods depending on the circumstances. In some scenarios, they may have a victim make a report in order to establish that a sex crime took place.

This will result in an investigation where police gather evidence to make a judgment if a crime has indeed occurred. Evidence can include DNA samples or statements from potential witnesses.

If enough evidence is collected to charge someone with a crime, then an arrest is made, and the charges are officially brought against them in court.

Penalties for Sex Crimes Conviction in Illinois

Each sex crime conviction brings with it penalties specific to the crime. The following graph outlines the arrest rates based on each type of sex crime conviction between 2010 and 2019. The most frequent arrests fall consistently into the aggravated criminal sexual abuse category.

SOURCE: CHICAGO ALLIANCE AGAINST SEXUAL EXPLOITATION

Criminal Sexual Assault

This crime is a Class 1 felony. If convicted, you can spend up to 15 years incarcerated for it. It is a crime that does not allow probation, either, so, under the law, a judge cannot sentence anyone convicted of it to probation in lieu of time in prison. There is also a minimum penalty associated with this conviction: Four years in prison.

If the person convicted has a criminal history of sexual assault convictions, then it turns into a Class X felony, the most serious level of felony in Illinois. That can raise the length of the prison sentence up to 30 years or even the length of the offender’s natural life, depending on the circumstances of the conviction.

Aggravated Criminal Sexual Assault

This type of sexual assault is considered a Class X felony. The penalty associated with that is up to 30 years incarceration, with extensions of up to a quarter of a century for aggravating factors. This is also a felony where the judge cannot give probation. Prison time is mandatory.

For anyone who is convicted two or more times for this crime, it can lead to a sentence of the rest of their natural life in prison without the possibility of parole.

Predatory Criminal Sexual Assault

Another Class X felony, this type of assault can send someone to prison for up to 30 years. In the instances where a firearm is used during the offense, that can add on up to 50 years – or the rest of a defendant’s natural life in prison. A second conviction of this offense will send someone to prison for life.

Criminal Sexual Abuse

This can be either a Class A misdemeanor or a Class 4 felony, as was noted above. If it’s a misdemeanor charge, those convicted can end up in jail. The court may require a person to register as a sex offender.

Class 4 felonies can be eligible for probation, but that is entirely up to the judge in the case. Anyone convicted of a Class 4 felony can spend up to three years in prison.

For anyone with two or more convictions of this crime on their record, a Class 2 felony can be charged. That can send a person to prison for up to seven years, but it is also probational.

Aggravated Criminal Sexual Abuse

This crime can also be a Class A misdemeanor or a Class 2 felony. If convicted of a felony, a person can spend up to seven years behind bars.

Registration as a Sex Offender

Anyone convicted of these sex crimes will have to register in the state of Illinois as a sex offender. How long a person must register depends on the crime of which they are convicted.

Anyone who is deemed a sexual predator will have to register for life, but, in other cases, the severity of the crime committed will help to determine how long a person must register. Sex offenders in Illinois must register for at least 10 years.

When someone registers as a sex offender, they must provide information to local law enforcement as soon as three days after they’ve been sentenced. They must renew their registration at least once per year. If any of their information changes, such as their address, they must update it.

They must also provide personal details such as name, date of birth, social media account names, and physical characteristics. These details are uploaded into a system that is available to the public. It will also show up on background checks.

Those who are on the sex offender registry also must abide by certain rules. If they travel out of town, they must inform the local law enforcement of where they are going. If they move to another state, they will have to register under the laws of the new state, and they must follow those rules. If they fail to do this, then they can be charged with an additional Class 3 felony that can send them to jail or require them to pay fines – or both.

They also are restricted from being in certain places as registered sex offenders. For example, they are not allowed to go within 500 feet of a school. They also cannot be within 500 feet of a park, daycare facility, or another public place where children under the age of 17 may be present. They cannot live within 500 feet of any of these places, either.

Can Your Name Be Removed from the Sexual Offender Registry?

A person’s name can only be removed from the sexual offender registry when their required period of registration comes to an end. When it does, you can petition the court to have your name removed. However, it’s not possible to have your records sealed or expunged when you have a sex crime conviction.

Defenses to Sex Crimes

No matter what you are accused of, you have the right to defend yourself in court with the presumption of innocence on your side. Every case is different, but, in general, there are some solid ways to defend against sex crime charges. Your experienced attorney will be able to help guide you once they know the facts of your case.

Some common defense strategies include:

Innocence

This is one of the most basic defenses out there, but if you are not guilty of the crime you are being accused of, you need to make a case for that. If you were, for example, at a different location when the crime took place or with someone else who can corroborate your story, then that is evidence that should be presented to the court to prove your innocence.

Consent

If there are sex acts that took place when the accused believed they had consent from the victim, then that should be brought up in court, as well. If there is some type of evidence that can be produced to show this, then make sure to let your attorney know.

Sex crimes are serious crimes to be accused of and can impact the rest of your life. If you’re facing sex crimes charges, then meet with an attorney as soon as you can.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

In December 2018, a 19-year-old man from East St. Louis was charged with aggravated criminal sexual abuse of a 13-year-old child.

Now, that sounds really bad – and it is – but what exactly does “aggravated criminal sexual abuse” mean? What does someone have to do to be convicted of this sex crime?

How serious are the consequences?

In this post, we’re going to dive into the nuts and bolts of this law, focusing on what acts can potentially lead to someone being charged with the crime.

How Illinois Defines Criminal Sexual Abuse

To better understand aggravated criminal sex abuse, it is best to first define criminal sexual abuse as described in the Illinois criminal code.

The law (720 ILCS 5/11-1.50) states that one is guilty of criminal sexual abuse if the individual commits an act of sexual conduct:

1. Using a threat of force or actual force.
2. On a victim who doesn’t understand the nature of the sexual act.
3. On a victim who isn’t able to give knowing consent.
4. While being under 17 years of age, where the victim of the sexual conduct or penetration is at least nine years old but less than 17 years old.
5. While being no more than five years older than the victim, where the victim of the sexual conduct or penetration is at least 13 years old but less than 17 years old.

Criminal sexual abuse, as described in 1 and 2 above, can be charged as a class 2 or class 4 felony based on the sex crime history of the accused.

Criminal sexual abuse as described in 3 and 4 above is considered a class A misdemeanor.

The term sexual conduct in this context refers to:

• intentional touching or fondling by either the accused or the victim
• directly or through clothing
• of the breast, anus, or sex organs of either the accused or the victim
• or any body part of a child who’s under 13 years old
• or the transfer/transmission of semen upon any part of the body (be it clothed or unclothed) of the victim
• for sexual arousal or gratification for either the accused or the victim

How can this crime become aggravated?

How Illinois Defines Aggravated Criminal Sexual Abuse

The law (720 ILCS 5/11-1.60) describes aggravated criminal sexual abuse as criminal sexual abuse (as described above) with aggravating factors that occur during commission of the crime or as part of the process of committing the crime.

Aggravating factors for criminal sexual abuse include:

• Displaying, threatening to use, or actually using a dangerous weapon
• Displaying, threatening to use, or actually using an object that has been fashioned in a manner that leads the victim to believe that the object is a dangerous object
• Causing bodily harm or injury to the victim
• The victim is physically disabled
• The victim has severe or profound intellectual disability
• The victim is 60 years old or older
• Threatening or endangering the victim’s life
• Committing criminal sexual abuse while committing or attempting another felony
• Giving a controlled substance (by injection, ingestion, inhalation, transfer of possession, or any other means) to the victim without their consent
• The victim is not older than 18 years and is a family member
• The accused is at least 17 years of age, and he/she commits the act on a victim who’s not older than 13 years of age
• The accused is at least 17 years of age or older, and he/she commits the act on a victim who is at least 13 years old but less than 17 years old while using force or threat of force
• The accused is less than 17 years of age, and he/she commits the act on a victim who is less than nine years old
• The accused is less than 17 years of age, and he/she commits the act on a victim who’s at least nine years old but less than 17 years old while using force or threat of force
• The defendant’s age exceeds that of the victim by five or more years, and he/she commits the act on a victim who is at least 13 years old but less than 17 years old
• The age of the accused is at least 18 years, and he/she holds a position of authority, supervision or trust in relation to the victim who is at least 13 years old but less than 18 years old

When the above aggravating circumstances are present, a criminal sexual abuse charge can be upgraded to aggravated criminal sexual abuse. If this happens, it triggers severe sentencing possibilities, because the charge now becomes a Class 2 felony – or even a Class X felony.

Knowing the specifics of the law can both prevent you from violating it in the first place and in putting together your defense if your attorney can find a way to show that you did not act in one of the specific ways laid out in the statute.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Few crimes are as grievous and carry as much of a negative stigma as sex crimes. Many different acts can lead to sex crime charges, some of which are far more severe than others. Unfortunately, however, most convictions still lead to the same result: you become a registered sex offender. This carries a humiliating stigma, and severely compromises offenders’ freedom, even if they were originally found guilty of an arguably lesser offense.

Take criminal sexual abuse. This law covers a broad spectrum of sexual acts. Additionally, there are many aggravating factors, which can lead to the more serious felony charge of aggravated criminal sexual abuse.

For example, a 54-year-old Cahokia man was recently arrested for sexually abusing a 79-year-old woman who is in a wheelchair. Randy A. Pritchard allegedly touched the breast of the woman and attempted to force her legs apart for sexual gratification. He also allegedly prevented the victim from moving away from him. Pritchard now faces two counts of aggravated criminal sexual abuse, one count of aggravated battery, and one count of unlawful restraint.

Clearly the allegations against Pritchard are quite serious, and if true, his conduct is reprehensible. However, there are many acts that can lead to criminal sexual abuse charges, and they all look the same on an offender’s criminal record – regardless of which acts were committed.

To help you understand aggravated criminal sexual abuse, first let’s take a look at what acts constitute criminal sexual abuse in Illinois.

How Illinois Defines Criminal Sexual Abuse

Three primary acts are defined as criminal sexual abuse in Illinois, including forceful sexual conduct of any nature, sexual contact when the victim is unable to give consent, and sexual contact with and between minors.

Forceful Sexual Conduct

Initiating sexual contact of any kind using force or the threat of force is considered criminal sexual abuse. This includes sexual touching of any nature. Forceful commission of more severe acts of sexual conduct, such as penetrative sex or oral sex, generally fall under rape charges.

Sexual Conduct Without Consent

Knowingly engaging in sexual conduct with a person who is unable to understand the nature of the act or is otherwise unable to give consent is considered criminal sexual abuse. This generally includes persons who are extremely intoxicated at the time of the offense, or who are intellectually disabled.

Sexual Conduct Between Minors

Perhaps the most controversial form of criminal sexual abuse concerns sexual conduct between minors.

A person commits criminal sexual abuse if:

• The defendant is under 17 years old and commits an act of sexual penetration or sexual conduct with a victim between nine and 16 years old.
• The defendant commits an act of sexual penetration or sexual conduct with a victim between 13 and 16 years old, and is less than five years older than the victim.

Importantly, this includes consensual relationships. Because many teens are sexually active at an early age, many minors could potentially be charged with this offense. Moreover, if the couple engages in sexting, which is relatively common, one or both parties could even face child pornography charges.

How do aggravating factors work?

Aggravating Factors in Criminal Sexual Abuse

Many aggravating factors can lead to the charge of aggravated criminal sexual abuse, which carries enhanced sentencing. As with non-aggravated criminal sexual abuse, all of these factors get lumped into the same charge.

Aggravating factors for criminal sexual abuse include:

• Displaying, using, or threatening to use a dangerous weapon, or an object that is made to look like a deadly weapon.
• Bodily harm to the victim.
• If the victim is age 60 or older, or is physically handicapped.
• Threatening the life of the victim or any other person.
• Committing the act during the course of committing or attempting to commit any other felony.
• Giving the victim any controlled substance without the victim’s consent, by deception, or by threat.
• The victim is profoundly intellectually disabled.
• Sexual conduct with a family member under the age of 18.
• A defendant 17 years or older commits an act of sexual conduct with a victim under 13, or uses force to commit sexual conduct with a victim between 13-17 years old.
• A defendant under 17 engages in sexual conduct with a victim under nine years old, or uses force or threat of force to commit sexual conduct with a victim between 9-17 years old.
• A defendant commits an act of sexual penetration or sexual conduct with a victim 13-17 years of age and is at least five years older than the victim.

Under this definition, it’s possible that two college students, aged 22 and 17, could both get drunk and have sex, and that that could lead to a charge of aggravated criminal sexual abuse for one of them.

The point is that someone looking at your criminal record won’t know exactly what act the charge or conviction was for, merely the name of the offense. Even before that point, you’ll face more severe penalties for aggravated criminal sexual abuse. It is considered a Class 2 felony, and carries a sentence of 3-7 years in prison.

A person convicted of aggravated criminal sexual abuse (or non-aggravated, for that matter) must also register as a sex offender.

If You Are Facing Aggravated Criminal Sexual Abuse Charges

A sex crime conviction is life-changing, and has long-lasting consequences even after the criminal sentence has been carried out. For serious charges such as these, you need a skilled Chicago criminal defense attorney who will fight tirelessly to ensure the most favorable outcome for your case.

Be proactive as early in the process as possible to make sure that your rights are protected – reach out now.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.