If you’re ever accused of a sex crime, then it can have a big impact on your life. Even if you’re never convicted, a charge can go on your criminal record and make things difficult for you in the future since it’s public information.

A conviction for a sex crime can also bring about a lot of consequences such as a prison sentence, fines, and registering as a sex offender in Illinois.

There are two sex crimes that are more serious than others but the differences between them are small. Here is what you need to know about criminal sexual abuse and criminal sexual assault in Illinois.

Sexual Abuse in

Sexual abuse in Illinois is a crime that involves an act of sexual conduct with force or threat of force or an act of sexual conduct done knowing that the victim cannot fully consent.

Sexual conduct is defined by the law as any fondling or touching of the breasts or sex organs of someone for the purposes of sexual gratification, either directly or through clothing.

If it is perpetrated on a child under the age of 13, then sexual conduct is defined as the fondling or touching of any body part.

Furthermore, sexual abuse can be considered aggravated if it is committed and a dangerous weapon is threatened to be used or used during the crime or the victim sustains great physical harm.

Penalties for Sexual Abuse

Sexual abuse starts as a Class A misdemeanor, but it can be charged as a Class 2 felony if it’s aggravated. A Class A misdemeanor is punishable by up to 12 months in prison and fines of $2,500 while a Class 2 felony can send you to jail for up to seven years and make you responsible for fines up to $25,000.

Sexual Assault in Illinois

If sexual abuse is sexual conduct such as touching, then what is sexual assault? In Illinois, sexual assault is defined as an act of sexual penetration by force or in a situation where the victim cannot give consent.

Also, if the perpetrator is over the age of 17 and the victim is between 13 and 18, it’s considered sexual assault whether consent was given or not.

Aggravated sexual assault occurs if there is sexual penetration and a dangerous weapon was used or threatened to be used during the crime. If the perpetrator has a firearm, it is also considered aggravated sexual assault.

Penalties for Sexual Assault

Sexual assault is often prosecuted as a Class 1 felony. It can result in up to 15 years behind bars and fines of as much as $25,000. If someone is found guilty of aggravated sexual assault, then it is considered a Class X felony in Illinois. That’s a very serious felony charge and can result in up to 30 years in prison and $25,000 in fines.

These two major sex crimes may seem the same, but as you can see they are slightly different. Sexual assault is considered the more serious crime of the two and can account for a much harsher penalty if convicted since it involves penetration of the body instead of touching.

Both charges are quite serious, which is why understanding the charges against you and the possible penalties you could face as a result of being charged with either crime is paramount to a good defense.

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.

Regardless of whether they’re late bloomers, the teenage years are hit hard at some point or another by hormones. Many teenagers first explore these hormones with each other. While there are a lot of different opinions regarding the subject, it’s nevertheless true.

While personal opinions of minors engaging in sexual activities differ, there are still specific laws that everyone must follow. In Illinois, two minors having sex with each other may, in fact, be considered statutory rape, even when both consent.

It depends on the circumstances, however, and understanding how the law works can save significant stress if you or a loved one is concerned.

What Makes Consensual Sex Between Minors a Crime in Illinois?

In many states, there are provisions commonly called “Romeo and Juliet” laws. These laws allow for two individuals who are close to each other in age to legally consent to sexual activity with each other, even if one of the participants is under the legal age of consent.

These laws are in place to allow for two minors, perhaps a 16-year-old and a 17-year-old, to consent to sex with each other.

Illinois does not have any such law.

Illinois Has No “Romeo and Juliet” Provision

In this state, the age of consent for sexual activity is 17. If one person has authority over the other, the age of consent becomes 18. This means that no matter what, it is illegal for people 16 and younger to have sex with anyone else.

It is considered statutory rape because at age 16 and younger Illinois considers people legally unable to consent.

Unintended Consequences of Illinois’ Age of Consent

There are unintended consequences from that law. For example, if two minors, both age 16 and 364 days old, have consensual sex, they can both be charged with statutory rape. After all, they both had sex with another person who was under the age of consent.

This leads to some unfortunate consequences. Couples in loving relationships, high school sweethearts, are at risk for felony charges — especially when unapproving parents are involved.

High school students might find themselves facing a variety of sex crime charges, including criminal sexual assault.

What Are the Penalties in Illinois for Criminal Sex Between Minors?

The punishment for sex between minors varies significantly depending on their respective ages. While Illinois doesn’t have Romeo and Juliet laws, it does still consider age when assigning penalties.

Criminal Sexual Abuse

This charge begins as a Class A misdemeanor. If someone has sex with a minor between the ages of 13 and 16 and is less than five years older than the minor, then it’s a misdemeanor punishable by up to a year in prison. This charge can also be made against minors who have sex with anyone under 17 and older than 9.

Grooming

Another charge that might be faced by a minor is grooming. Many minors use the internet to communicate with others, including their partners. If a minor contacts another minor about potentially having sex, it still falls under the umbrella of grooming, which is a Statutory Class 4 felony punishable by up to three years in prison.

Indecent Solicitation of a Child

This charge is similar to that of grooming. The primary difference is that indecent solicitation happens offline. Depending on the circumstances, indecent solicitation can be anywhere from a Class 4 to a Class 1 felony, punishable by up to 15 years in prison.

Minors need to be aware that their actions may have consequences. However, some consequences may be overkill if two minors consent to sex with each other. If you or a loved one is facing charges of criminal sexual abuse as a minor, don’t hesitate to reach out to an expert attorney to help you fight your case.

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.

According to statistics, the population of registered sex offenders has significantly increased in recent years, and the numbers just keep growing. A 2012 report by National Center for Missing & Exploited Children found that the number of sex offenders increased by 23.2 percent, with an additional 7,555 sex offenders reported since the previous survey performed in 2011. Targeted victims are usually teenagers between the ages 12 and 17, while teens aged 16 to 19 are 3 and a half times more likely than other age groups to be sexually assaulted or abused.

Recent Local Events

Last year was a busy year for the Chicago police when, despite heavy law enforcement resources used, there were almost 1,000 sex crimes reported between 2012 and 2013. Here are some of the most recent high-profile incidents covered by mass media:

• Allen Hall, a 19-year police veteran working in the 14th District police station in Chicago, has been arrested last month after being charged with molesting a minor and attacking the victim’s 3-year-old daughter. A third victim of Hall’s pressed charges in 2011, but no investigation was initiated since the incident occurred between 1986 and 1992, exceeding the statute of limitations.
• Kristin Miks, a former bus driver for the Woodland School District in Gurnee, pleaded guilty to charges of aggravated criminal sexual abuse of a 16-year-old girl and faces a sentence of up to 36 months of felony probation. She will also be required to pay a heavy fine and undergo sex offender treatment.
• Julius Anderson, 63, a serial rapist who has already served 30 years in prison for aggravated criminal sexual abuse and attempted home invasion, was found guilty of sexually assaulting three women shortly after his release and sentenced to another 75 years in jail. Despite the fact that Anderson suffered from chronic schizophrenia and had more than 100 disciplinary violations during his time in prison, he was paroled in June, 2009.
• Kenneth Martin, 34, who worked as a music teacher at a Christian school in Palos Heights, has been charged with aggravated criminal sexual abuse for engaging ininappropriate relationship with one of his students, underage at the time. The Palos Heights police believe Martin had sexually abused another former student as well, but the victim is unwilling to cooperate.

In the state of Illinois, criminal sexual abuse is a Class A misdemeanor, but it becomes a Class 2 felony for offenders with second or subsequent convictions. Punishments range from minimum 3 years in jail to maximum seven and are often accompanied by heavy fines and community service.

If you have been accused of sex crime offenses of any kind, you should immediately retain the services of an aggressive and experienced sex crime lawyer, who has been successful in defending clients facing similar charges. From minor offenses such as public indecency to the most severe, including aggravated criminal sexual assault and predatory criminal assault of a child, sex crimes are difficult to handle, and you must have the assurance that your case will be managed with professionalism and complete discretion. Contact Mr. Weisberg on his cell phone 24/7 at 773-908-9811 or text ‘LAWYER’ to 25827 to receive a call back.

About the Author Andrew M. Weisberg is a criminal defense attorney in Chicago, Illinois. A former prosecutor in Cook County, Mr. Weisbergis a member of the Capital Litigation Trial Bar, an elite group of criminal attorneys who are certified by the Illinois Supreme Court to try death penalty cases. He is also a member of the Federal Trial Bar. Mr. Weisberg is a sole practitioner at the Law Offices of Andrew M. Weisberg.