Understanding Illinois Sexual Abuse and Sexual Assault Charges
In our state, sexual abuse and sexual assault laws are stringent, covering a range of non-consensual acts. These offenses are classified based on the nature of the act, the age of the victim, and the presence of aggravating factors such as force or threats.
This post will include in-depth breakdowns of criminal sexual abuse, aggravated criminal sexual abuse, criminal sexual assault, aggravated criminal sexual assault, and predatory criminal sexual assault of a child. Being convicted for any of these requires you to register as a sex offender, so it is incredibly important to work with an experienced Chicago sex offense attorney to fight back if charged.
Understanding Criminal Sexual Abuse Under Illinois Law
Criminal sexual abuse in Illinois, outlined in Section 11-1.50 of the Illinois Compiled Statutes, covers various acts of non-consensual sexual conduct. Here’s a breakdown of the key elements:
What Constitutes Criminal Sexual Abuse in IL?
Essentially, there are two ways to commit criminal sexual abuse potentially:
- Engaging in sexual conduct by using force or threatening force.
- Engaging in sexual conduct when you know the victim cannot understand the act or provide consent.
How Age Impacts Criminal Sexual Abuse Charges
Under the law, criminal sexual abuse can occur if the victim is below the age of 18 and the offender “commits an act of sexual penetration or sexual conduct.”
Here are the two circumstances outlined:
- If the offender is under 17 and the victim is between 9 and 16 years old.
- If the victim is between 13 and 16 years old and the offender is fewer than five years older.
How Criminal Sexual Abuse Is Charged in Illinois
There are three possible charges for criminal sexual abuse in our state, depending on the specifics of the act.
Class A Misdemeanor. If someone is accused of one of the age-related offenses outlined above, they will be charged with a Class A Misdemeanor, which includes a prison sentence of less than one year. Additionally, the offender may be fined up to $25,000 per offense or the specified amount, whichever is higher. This fine can be imposed alongside other sentences, such as conditional discharge, probation, periodic imprisonment, or imprisonment.
Class 4 Felony. Violations involving force or incapacitated victims are charged as a Class 4 Felony, which includes the same penalties as above, except that there is a possible prison sentence of 1-3 years.
Class 2 Felony. Repeat offenders will be charged with a Class 2 Felony. Again, the penalties are the same except for the period of incarceration—3-7 years.
Understanding Aggravated Criminal Sexual Abuse Under Illinois Law
Aggravated criminal sexual abuse in Illinois, outlined in Section 11-1.60 of the Illinois Compiled Statutes, details various aggravating factors that, if committed in the commission of criminal sexual abuse, can bump your charge up from criminal sexual abuse to aggravated criminal sexual abuse.
Below is a breakdown of the outlined aggravating factors.
Committing criminal sexual abuse while:
- Displaying, threatening to use, or using a dangerous weapon or any object that appears to be a dangerous weapon.
- Causing bodily harm to the victim.
- Victim is 60 years of age or older.
- Victim has a physical disability.
- Threatening or endangering the life of the victim or another person.
- Committing the offense during the course of another felony.
- Delivering a controlled substance to the victim without consent, by force, threat, or deception.
Committing sexual conduct with a victim under 18 years of age:
If the offender is 17 years or older:
- With a victim under 13 years old.
- With a victim between 13 and 17 years old using force or threat.
If the offender is under 17 years old:
- With a victim under 9 years old.
- With a victim between 9 and 17 years old using force or threat.
Committing sexual penetration or conduct with a victim aged 13 to under 17, when the offender is at least five years older.
Committing sexual conduct with a victim who has severe or profound intellectual disability.
Committing sexual conduct with a victim aged 13 to under 18, when the offender is 17 or older and holds a position of trust, authority, or supervision over the victim.
If any of these aggravating factors are a part of the criminal sexual abuse, aggravated criminal sexual abuse will be charged.
How Aggravated Criminal Sexual Abuse Is Charged in Illinois
There are two possible charges for criminal sexual abuse in our state depending on the specifics of the act.
Class 2 Felony. Typically, aggravated criminal sexual abuse is charged as a Class 2 Felony, with a mandatory prison term of 3-7 years and/or a fine up to $25,000 per offense or an amount specified in the offense, whichever is greater. This fine can be imposed in addition to conditional discharge, probation, periodic imprisonment, or imprisonment sentences.
Class 1 Felony. If the offender “holds a position of trust, authority, or supervision in relation to the victim,” the charge is categorized as a Class 1 Felony with a mandatory prison sentence of 4-15 years.
Understanding Criminal Sexual Assault Under Illinois Law
Criminal sexual assault in Illinois, outlined in Section 11-1.20 of the Illinois Compiled Statutes, covers specific illegal acts of sexual penetration. Here is a breakdown of the key elements:
This crime involves sexual penetration plus:
- Using force or the threat of force.
- Knowing the victim is unable to understand the nature of the act or unable to give knowing consent.
- Being a family member of the victim, and the victim is under 18 years old.
- Being 17 years or older and holding a position of trust, authority, or supervision over the victim, who is aged 13 to under 18 years old.
How Criminal Sexual Assault Is Charged in Illinois
There are three possible charges for criminal sexual assault in our state, depending on the specifics of the act.
Class 1 Felony. Typically, criminal sexual assault is charged as a Class 1 Felony, with a 4-15-year prison sentence and a fine of $75-$25,000 for each offense.
Class X Felony. This applies if:
- You are convicted under the first or second bullet points above after a prior conviction for criminal sexual assault or exploitation of a child or an equivalent offense. The previous offense may have been committed in Illinois or another state. Class X felony consequences here include a prison sentence of 30-60 years. If you were under 18 during the offense, sentencing follows 5-4.5-105 of the U.S. Code of Corrections.
- You are convicted under the third or fourth bullet points above after a prior conviction for this crime or for similar statutes in Illinois or elsewhere involving criminal sexual assault that is equal to or more severe than those offenses. In this case, Class X Felony consequences include a prison sentence of 6-30 years, with a fine of at least $75-$25,000 for each offense.
Life Imprisonment. If you were 18 or older at the time of the offense and are convicted under the first and second bullet points above, plus you were previously convicted for aggravated criminal sexual assault, predatory criminal sexual assault of a child, or an equivalent offense, you face imprisonment for the rest of your natural life. If you were under 18 during the offense, the sentencing is per § 5-4.5-105 of the Unified Code of Corrections.
Understanding Aggravated Criminal Sexual Assault Under Illinois Law
Aggravated criminal sexual assault in Illinois, outlined in Section 11-1.30 of the Illinois Compiled Statutes, details various aggravating factors that, if committed in the commission of criminal sexual assault, can bump your charge up from criminal sexual assault to aggravated criminal sexual assault.
Below is a breakdown of the outlined aggravating factors.
Committing criminal sexual assault that includes:
- Displaying, threatening to use, or using a dangerous weapon or any object that leads the victim to reasonably believe it is a dangerous weapon (excluding firearms).
- Causing bodily harm to the victim (except through discharging a firearm, as specified below).
- Acting in a way that threatens or endangers the life of the victim or any other person.
- Engaging in or attempting another felony.
- A victim 60 years of age or older.
- A victim who has a physical disability.
- Delivering a controlled substance to the victim without consent or by threat/deception for non-medical purposes.
- Being armed with a firearm.
- Personally discharging a firearm during the offense.
- Personally discharging a firearm during the offense, resulting in great bodily harm, permanent disability, disfigurement, or death to another person.
Committing criminal sexual assault if the offender is under 17 years old and:
- The victim is under nine years old.
- The victim is aged 9-under 13 years old and force or threats are used by the defendant.
Committing criminal sexual assault upon a victim who has a severe or profound intellectual disability.
How Aggravated Criminal Sexual Abuse Is Charged in Illinois
There are three possible charges for criminal sexual abuse in our state, but there are numerous differences in consequences depending on the specifics of the act.
Class X Felony. Most instances of aggravated criminal sexual assault are charged as Class X Felonies. Typically, conviction for these charges comes with a prison sentence of 6-30 years and a fine of $75-$25,000 for each offense. There are, however, variations to these consequences in some cases:
- If the defendant displays, threatens to use, or uses a dangerous weapon or any object that leads the victim to reasonably believe it is a dangerous weapon (excluding firearms), an additional 10 years will be added to the court-imposed prison term.
- If the defendant is armed with a firearm, an additional 15 years will be added to the court-imposed prison term.
- If the defendant discharges a firearm during the offense, an additional 20 years will be added to the court-imposed prison term.
- If the defendant discharges a firearm during the offense, causing great bodily harm, permanent disability, disfigurement, or death to another person, an additional 25 years to life will be added to the court-imposed prison term.
- 5-4.5-105 of the Unified Code of Corrections. This applies if the defendant was under 18 at the time of the offense.
Life Imprisonment. If the defendant was 18 years or older at the time of the offense and this is their second or subsequent conviction for criminal sexual assault, predatory criminal sexual assault of a child, or an equivalent offense in Illinois or another state, they will receive a life sentence. If the offender was under 18 at the time of the offense, sentencing follows § 5-4.5-105 of the Unified Code of Corrections.
Understanding Predatory Criminal Sexual Assault of a Child Under
Predatory criminal sexual assault of a child in Illinois, outlined in Section 11-1.40 of the Illinois Compiled Statutes, covers various acts of non-consensual sexual conduct. Here’s a breakdown of the key elements:
What Constitutes Predatory Criminal Sexual Assault of a Child in IL?
Predatory criminal sexual assault of a child occurs when a person aged 17 or older engages in any contact between their sex organ or anus and any part of the victim’s body for sexual gratification or arousal or engages in sexual penetration and:
- The victim is under 13 years old; or
- The victim is under 13 years old, and the offender:
- Is armed with a firearm;
- Personally discharges a firearm during the offense;
- Causes great bodily harm to the victim, resulting in permanent disability or life-threatening injuries;
- Administers a controlled substance to the victim without consent or by threat or deception, without any medical purpose.
How Predatory Criminal Sexual Assault of a Child Is Charged in Illinois
There are three possible charges for predatory criminal sexual assault of a child in our state, depending on the specifics of the act.
Class X Felony. A person who engages in the above-described sexual contact with a victim under 13 will be charged with a Class X felony with a mandatory prison term ranging from 6-60 years. These consequences can become more severe in certain situations, though:
- If the defendant is armed with a firearm, an additional 15 years will be added to the court-imposed prison term.
- If the defendant discharges a firearm during the offense, an additional 20 years will be added to the court-imposed prison term.
- If the defendant is at least 18 and causes great bodily harm to the victim during the course of the crime, resulting in permanent disability or life-threatening injuries, they will be imprisoned for 50 years to life.
- If the defendant administers a controlled substance to the victim without consent or by threat or deception, without any medical purpose during the course of the crime, they will face a prison sentence of 50-60 years.
- 5-4.5-105 of the Unified Code of Corrections. Defendants under 18 will be sentenced under § 5-4.5-105.
Life Imprisonment. This applies to anyone 18 or older who commits this offense and:
- Does so against two or more people – regardless of whether the offenses occurred together or separately.
- Has a prior conviction for criminal sexual assault, aggravated criminal sexual assault, or a substantially equivalent offense in Illinois or another state.
Defense Strategies You May Be Able to Use against Your IL Sexual Assault or Abuse Charges
In our state, defenses against sexual abuse and sexual assault charges can vary based on the circumstances of the case. Here are some common defenses that may apply:
Consent. If the alleged victim consented to the sexual activity, it may serve as a defense. However, consent is not valid if the victim is under the legal age of consent (which in Illinois is generally 17 years old), otherwise unable to consent, or if consent was obtained through force, threat, or coercion.
False Accusation. Demonstrating that the allegations are false or motivated by ulterior motives (such as revenge, jealousy, or misunderstanding) can be a defense. This often involves presenting evidence that contradicts the accuser’s claims.
Mistaken Identity. If there is doubt about the identity of the perpetrator, this can be a defense. This defense might be applicable if there was poor lighting, the presence of similar-looking individuals, or other factors that cast doubt on the identification.
General Lack of Evidence. Challenging the prosecution’s evidence or the credibility of witnesses can weaken the case against the defendant. This could involve showing inconsistencies in the testimony, lack of physical evidence, or unreliable forensic evidence.
Alibi. Providing evidence that the defendant was elsewhere and could not have committed the alleged offense at the time it occurred.
No Intent. If the alleged act did not meet the legal definition of the offense charged (for example, if there was no intent to commit the act in question), this could serve as a defense.
The best way to determine which strategy is most appropriate for your specific case is to consult with a knowledgeable Illinois criminal lawyer with experience – and a successful track record – handling these types of charges.
About the Author:
Andrew M. Weisberg is a former felony prosecutor now serving as a defense attorney in greater Chicago. 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.