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.

Child abuse inflicts severe emotional damage in children that can have lifelong consequences. Because of the grievous nature and devastating consequences of this crime, child abuse and neglect is taken very seriously by law enforcement and the justice system overall.

Child abuse offenses are severely punished, usually carrying a prison sentence and hefty fines. Moreover, child abuse charges leave convicted offenders with a criminal record that compromises employment prospects, loans, child custody, and much more.

Abused and Neglected Child Reporting Act: Child Abuse Defined

The Illinois Abused and Neglected Child Reporting Act was passed to define child abuse and neglect, and to establish minimum reporting standards for these allegations.

The Act defines child abuse as any non-accidental act that inflicts serious injury or compromises the physical or emotional health of the child. Child neglect is defined as the failure to provide for the basic physical and emotional needs of the child, and also covers drug use during pregnancy.

Excessive Corporal Punishment

Corporal punishment is defined as the use of physical punishment with the intent of inflicting pain, including spanking, hitting, pinching, slapping, or other means. Under Illinois law it is considered child abuse to inflict “excessive” corporal punishment. However, the law does not define what constitutes excessive corporal punishment, so is open to the interpretation of reasonableness.

Any form of corporal punishment in a professional setting where corporal punishment is prohibited, for example a school, is considered to be child abuse.

Sale or Transfer of Controlled Substances

Selling, transferring, or otherwise giving controlled substances to a child under 18 years of age is considered to be child abuse. Prescribed controlled substances that are given to the child in a manner that complies with the prescription are exempt.

Sexual Assault

Forcible sexual contact or behavior towards a child is considered to be predatory criminal sexual assault of a child. If committed by a caregiver, parent, guardian, relative, or acquaintance, it is also considered to be child abuse.

Criminal Sexual Abuse

Criminal sexual abuse of a child is defined as any illegal sex acts performed against a minor by someone with whom the child is acquainted. Criminal sexual abuse is considered to be particularly heinous, as it is committed by an adult in a position of trust, so is very emotionally damaging to the victim.

Aggravated Battery of a Child

Aggravated battery of a child is defined as infliction of great bodily harm, disability, or disfigurement of a child under the age of 13.

Penalties for Child Abuse

Illinois child abuse can be charged under several different statutes depending upon the circumstances and nature of the offense. Aggravated battery, sexual assault, criminal sexual abuse, and potentially controlled substance offenses are considered Class X felonies, which short of murder is the highest felony offense in Illinois. This carries a prison sentence of 6-30 years and hefty fines.

Unfortunately, the consequences of a child abuse conviction do not end after you’ve served your time and paid your fines. You are left with a highly stigmatized criminal record that will compromise housing, employment, loan, and child custody prospects.

Defending against Child Abuse Charges

If you are facing child abuse charges, it is imperative to retain the best available legal counsel immediately due to the serious nature and life-changing consequences of these charges. There are a number of child abuse defense strategies that can be used depending upon the nature and circumstances of the alleged offense.

False Allegations

Unfortunately, false allegations of child abuse are common, especially in dysfunctional families or when parents are involved in a child custody battle. Moreover, most child abuse cases depend strongly upon the child’s testimony, and child witnesses are notoriously coercible.

Bringing the accusations and motives of the accuser under question can be an effective defense strategy for false allegations. Further, any testimony from the child should be obtained by appropriate protocols. Moreover, potential coercion of the child by family members prior to testimony should be taken into account.

Injury Is the Result of an Accident

Injuries that occur due to accidents are not punished, so long as the circumstances of the accident were not reckless or negligent. Providing proof that the child’s injury was due to a legitimate accident is the best defense strategy in this case.

Parent’s Right to Discipline

Parents are free to discipline their children as they see fit, including by corporal punishment, so long as the discipline is reasonable and does not cause bodily harm. However, any injuries beyond minor bruising may not be defensible under parental privilege.

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.