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Regular vs. Aggravated Criminal Sexual Abuse Under Illinois Law

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The Illinois Criminal Code features various prohibitions against sex crimes. Depending on a number of different factors – such as the nature of the offense or status of the victim – the perpetrator could face charges for Criminal Sexual Abuse. More precisely, this offense often involves the use of force, disabled victims, or underage children. And the presence of aggravating factors can lead to even more serious charges. 

What is the Illinois Definition of Criminal Sexual Abuse?

720 ILCS 5/11-1.50 provides the Illinois definition of criminal Sexual Abuse. Under this section, a person commits criminal sexual abuse if they:

  • Use force or the threat of force to commit a sexual act;
  • Commit a sexual act with a victim who is incapable of understanding or providing consent; 
  • Engage in sexual conduct or penetration with a victim aged between 9 and 16 years old, if the perpetrator is under 17 years old; or
  • Engage in sexual conduct or penetration with a victim aged between 13 and 16 years old, if the perpetrator is less than five years older than the victim. 

How Does Illinois Punish Criminal Sexual Abuse?

At a minimum, criminal sexual abuse is a Class A misdemeanor under Section 11-1.50. If convicted for this class of misdemeanor, the perpetrator can face up to 364 days in the Department of Corrections and pay a maximum of $2,500 in criminal fines. 

If the perpetrator uses force or the threat of force, however, criminal sexual abuse becomes a Class 4 felony. The same is true for offenses involving a victim incapable of understanding or providing consent. For that level of felony, a conviction can result in one to three years in the Department of Corrections and up to $25,000 in criminal fines. Probation is available for Class 4 felonies with a maximum term of 30 months.

What is the Illinois Definition of Aggravated Criminal Sexual Abuse?

720 ILCS 5/11-1.60 establishes the Illinois definition of Aggravated Criminal Sexual abuse. There are many different circumstances under which criminal sexual abuse becomes aggravated criminal sexual abuse. In terms of particular conduct, the aggravated version of this offense applies if the perpetrator:

  • Displays, threatens to use, or uses a dangerous weapon;
  • Causes physical harm to the victim;
  • Endangers the life of the victim or any other person;
  • Commits another felony at the same time; or
  • Forces, threatens, or deceives the victim into consuming a controlled substance.

In terms of the victim’s status, charges for aggravated criminal sexual abuse are appropriate if the victim had a physical disability or a severe intellectual disability. The same is true if the perpetrator commits sexual abuse against an elderly victim who is over the 60-year-old threshold. 

Additionally, Section 11-1.60 outlines numerous age-based considerations for aggravated criminal sexual abuse. For example, it is unlawful for a family member to engage in sexual conduct with a minor relative under 18 years old. It is similarly illegal for a person in a position of trust or authority – such as a teacher, boss, or coach – to engage in sexual conduct with a child aged between 13 and 17 years old. 

How Does Illinois Punish Aggravated Criminal Sexual Abuse?

Under Section 11-1.60, aggravated criminal sexual abuse is a Class 2 felony, regardless of the circumstances of the offense. If convicted for this class of felony, the perpetrator can expect to spend three to seven years in the Department of Corrections and pay up to $25,000 in criminal fines. Probation is available for Class 2 felonies with a maximum term of 48 months.



This post first appeared on CRIMINAL LAWYER ILLINOIS | ROLLING MEADOWS DUI ATT, please read the originial post: here

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Regular vs. Aggravated Criminal Sexual Abuse Under Illinois Law

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