{"id":373148,"date":"2016-03-31T21:35:14","date_gmt":"2016-04-01T02:35:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/illinois-sexual-assault-laws.html"},"modified":"2025-02-27T13:15:02","modified_gmt":"2025-02-27T18:15:02","slug":"illinois-sexual-assault-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-sexual-assault-laws.html","title":{"rendered":"Illinois Sexual Assault Laws"},"content":{"rendered":"\n
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Illinois Sexual Assault Laws<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Most sex crimes in Illinois fall under the umbrella of either criminal sexual assault<\/a> or criminal sexual abuse. The difference typically depends on the type of contact the person commits. Sexual assault involves an act of sexual penetration. Sexual abuse generally involves sexual conduct, which includes touching someone’s sex organs without their consent.<\/p>\r\n

Violating Illinois’ sexual assault laws can result in years in prison, sometimes up to a life sentence. The criminal penalties vary<\/a> depending on the conduct, the victim’s status, whether the accused has a criminal history, and other things.<\/p>\r\n

The table below shows the basic provisions of Illinois law<\/a> on sexual assault and abuse.<\/p>\r\n\r\n
Code sections<\/th>\r\n
Definitions<\/th>\r\n

Sexual conduct:<\/b> The knowing touching or fondling of a person\u2019s sex organs, anus, or breast, either directly or through clothing, or any body part of a child under the age of 13, or any transfer or transmission of semen by the accused upon any part of the victim\u2019s body or clothing, for sexual gratification or arousal of the victim or accused.<\/p>\r\n

Sexual penetration:<\/b> Any contact between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion of any part of a person\u2019s body.<\/p>\r\n<\/td>\r\n<\/tr>

Sexual assault<\/th>\r\n

A person commits criminal sexual assault if that person commits an act of sexual penetration and:<\/p>\r\n

    \r\n
  • Uses force or threat of force<\/li>\r\n
  • Knows the victim lacks the capacity to consent or they do not understand the nature of the act<\/li>\r\n
  • Is a family member of the victim, and the victim is under 18<\/li>\r\n
  • Is at least 17 years of age, holds a position of trust, authority, or supervision over the victim, and the victim is between 13 and 18 years old.<\/li>\r\n<\/ul>\r\n

    Penalties:<\/p>\r\n

      \r\n
    • First offense: Class 1 felony<\/li>\r\n
    • Second or subsequent sex offense: Class X felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Aggravated sexual assault<\/th>\r\n

A person commits aggravated criminal sexual assault if they commit criminal sexual assault and any of the aggravating circumstances listed below exist during the commission of the offense:<\/p>\r\n

    \r\n
  • The actor displays, threatens to use, or uses a dangerous weapon (other than a firearm)<\/li>\r\n
  • The actor displays, threatens to use, or uses any other object fashioned or used in a way that leads the victim to reasonably believe that it is a dangerous weapon<\/li>\r\n
  • The actor causes bodily harm to the victim<\/li>\r\n
  • The actor acts in a way that threatens or endangers the victim\u2019s life or another person\u2019s life<\/li>\r\n
  • The actor commits criminal sexual assault during the commission or attempt to commit any other felony<\/li>\r\n
  • The victim is 60 years old or older<\/li>\r\n
  • The victim is a person with a physical disability<\/li>\r\n
  • The actor delivers any controlled substances to the victim without the victim\u2019s consent (or by threat or deception) for other than medical purposes<\/li>\r\n
  • The actor is armed with a firearm<\/li>\r\n
  • The actor discharges a firearm during the commission of the offense<\/li>\r\n
  • The actor discharges a firearm during the commission of the offense, and the discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person<\/li>\r\n<\/ul>\r\n

    A person also commits aggravated criminal sexual assault if the following circumstances exist:<\/p>\r\n

      \r\n
    • The actor is under 17 and<\/li>\r\n
    • They commit an act of sexual penetration with a victim who is under 9 or<\/li>\r\n
    • They commit an act of sexual penetration with a victim who is between 9 and 13, and the actor uses force or threat of force to commit the act<\/li>\r\n<\/ul>\r\n

      A person also commits aggravated criminal sexual assault if they commit an act of sexual penetration with a victim who is a person with a severe or profound intellectual disability.<\/p>\r\n

      Penalties:<\/b><\/p>\r\n

        \r\n
      • First offense: Class X felony<\/li>\r\n
      • Second or subsequent offense: Life imprisonment<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Sexual abuse<\/th>\r\n

A person commits criminal sexual abuse if they do any of the following:<\/p>\r\n

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  • Commits an act of sexual conduct by the use of force or threat of force<\/li>\r\n
  • Commits an act of sexual conduct when they know the victim is unable to understand the nature of the act or can’t give knowing consent<\/li>\r\n
  • The actor is under 17 and commits an act of sexual penetration or sexual conduct with a victim who is at least 9 but under 17<\/li>\r\n
  • The actor commits an act of sexual penetration or sexual conduct with a victim who is at least 13 but under 17, and the actor is less than five years older than the victim<\/li>\r\n<\/ul>\r\n

    Penalties:<\/p>\r\n

      \r\n
    • First offense: Class A misdemeanor or Class 4 felony, depending on the circumstances<\/li>\r\n
    • Subsequent offense: Class 2 felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Aggravated criminal sexual abuse<\/th>\r\n

A person commits aggravated criminal sexual abuse if they commit criminal sexual abuse, and any of the aggravating circumstances listed in the \u201cAggravated Sexual Assault\u201d section exist during the commission of the offense.<\/p>\r\n

Also, a person commits aggravated criminal sexual abuse if they commit an act of sexual conduct against a victim who is under 18 and is a family member.<\/p>\r\n

A person commits aggravated criminal sexual abuse if:<\/p>\r\n

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  • The actor is over 17 at the time of the offense, and<\/li>\r\n
  • They commit an act of sexual conduct with a victim who is under 13, or<\/li>\r\n
  • They commit an act of sexual conduct with a victim who is at least 13 but under 17, and the actor uses force or the threat of force to commit the act<\/li>\r\n<\/ul>\r\n

    Also, a person commits aggravated criminal sexual abuse if:<\/p>\r\n

      \r\n
    • The actor is under 17, and<\/li>\r\n
    • They commit an act of sexual conduct with a victim who is under 9, or<\/li>\r\n
    • They commit an act of sexual conduct with a victim who is at least 9, but under 17, and the person uses force or threat of force to commit the act.<\/li>\r\n<\/ul>\r\n

      A person commits aggravated criminal sexual abuse if they commit an act of sexual conduct and:<\/p>\r\n

        \r\n
      • The victim is a person with a severe or profound intellectual disability, or<\/li>\r\n
      • The victim is under 18, the actor is 17, and the actor holds a position of trust, authority, or supervision over the victim<\/li>\r\n<\/ul>\r\n

        A person commits aggravated criminal sexual abuse if they commit an act of sexual penetration or sexual conduct and:<\/p>\r\n

          \r\n
        • The victim is at least 13 but under 17, and<\/li>\r\n
        • The actor is at least five years older than the victim<\/li>\r\n<\/ul>\r\n

          Penalties:<\/p>\r\n

          Class 1 or Class 2 felony, depending on the circumstances<\/p>\r\n<\/td>\r\n<\/tr>

Classifications\/sentences<\/th>\r\n
Defenses<\/th>\r\n
    \r\n
  • The victim’s consent is a defense for offenses containing an element of force or threat of force<\/li>\r\n
  • For certain offenses, it is a defense that the actor reasonably believed the victim was 17 or over<\/li>\r\n
  • A person who initially consents to sexual penetration or sexual conduct and withdraws consent during the course of the penetration or conduct has consented<\/li>\r\n
  • A physician, nurse, medical or hospital personnel, parent, or caretaker who performs a medical examination or procedure for purposes in a manner consistent with reasonable medical standards does not commit the above-noted offenses (\u00a7 5\/11-1.10(b)<\/a>)<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Related statutes<\/th>\r\n