In today’s age of technology, meeting people online or through a dating app is an everyday occurrence. Even social media platforms are used for people to meet and date new people.

While many of these online resources have age limits to help keep minors active, it doesn’t always work. It’s easy for a minor to lie about their age. What happens if you meet a person, hook up with them, and then find out they aren’t the legal age of consent in Illinois? Did you commit a sex crime?

The truth is that, while there are many factors in these types of cases, having sex with a minor in Illinois is a crime and can lead to criminal charges. Read on to find out more.

Consent in Illinois

In the state of Illinois, there is an age of consent. That age is 17 years old. What that means is that anyone over the age of 17 can freely engage in sexual activity with a partner, but anyone under that age is deemed legally unable to give their consent. Having sex with them can lead to criminal charges for sex crimes.

Sex Crimes in Illinois

Adults are held to a higher standard legally when it comes to sex acts with minors. In Illinois, even if a minor tells you they are older than the age of consent, you can still be liable for sexual acts you commit with them. This could lead to being charged with an Illinois sex crime.

The two most common crimes a person will face if they have sex with someone underage include:

Criminal Sexual Abuse

This occurs when someone engages in sex acts that do not include penetration with a minor. You can be charged with this crime if both you and the victim are between the ages of 9 and 17 or if the victim is older than 13 but younger than 17 – and the defendant is at least five years older than they are.

In most circumstances, this crime is a Class 4 felony. It can put you behind bars for up to three years and make you responsible for fines of as much as $25,000. If a person has a criminal history of sexual abuse, then the penalty can be more severe.

You can also be charged with aggravated sexual abuse, which is a Class 2 felony. It can result in up to seven years in prison.

Criminal Sexual Assault

The other crime that can be charged in situations where a person has sex with a minor is criminal sexual assault. This is defined as engaging in penetrative sex with someone without their consent. If they are under the age of consent in the state, then even if they tell you yes, it doesn’t legally count as consent – because they are not considered legally able to give it.

Criminal sexual assault is normally considered a Class 1 felony, which is very serious. It can result in up to 15 years in prison and make the defendant responsible for fines of as much as $25,000.

In general, it’s up to an adult to ensure your sexual partners with whom you have sexual relations are of legal age. Even if a victim lies about their age, legally, the responsibility lies with the adult in the situation to do their due diligence.

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.