The accusation of sexual misconduct can be devastating for a defendant. First, the person is tried in the court of public opinion, and almost always found guilty when his or her mug shot appears in the news. Second, regardless of any sentence imposed in a criminal case, the defendant will be required to register as a sex offender. Sexual battery definition illinois
In many respects, the requirement of registration as a sex offender is a more punitive sanction than any sentence a court can fashion. That being said, the defendant is still protected by the presumption of innocence. The prosecution has to prove the case beyond a reasonable doubt to a jury of 12 people who do not always side with the police.
I have a strong opinion that in most sex cases, the defendant should plead not guilty and demand trial. These cases are harder for the State to win than most expect. But before any decision is made, it is important to know the law. The statutes against sexual assault and sexual abuse used to be found under Section 11, but the state legislature moved them over to Section 12 in the year This article is a summary of Illinois sex laws. Under no circumstances should it serve as a substitute for legal advice.
The offense is a felony. Criminal sexual assault is categorized as a Class 1 felony offense, with a penalty of 4 to 15 years in prison. This charge is a non-probationable felony. That means that the judge is not permitted under the law to sentence the offender Sexual battery definition illinois probation. A prison sentence is mandatory. Therefore, the minimum penalty for criminal sexual assault is 4 to 15 years in prison.
If the defendant has a prior conviction for sexual assault, then a second or subsequent offense is a Class X felony.
The possible sentence on a second offense is 6 to 30 years in prison, or 30 to 60 years as an extended sentence, or the natural life of the offender. Illinois law says that a person who commits aggravated criminal sexual assault is guilty of a Class X felony. A Class X felony is non-probationable. Sexual battery definition illinois
Consequently, the court is not authorized to sentence the defendant to probation. Under no circumstances can a person who is found guilty of aggravated criminal sexual assault receive a probationary sentence as opposed to imprisonment.
The offense is punishable by 6 to 30 years in prison, with possible extended terms of 10, 15, 20, or 25 years for the use of a firearm during the commission of the offense, or natural life. A second or subsequent offense of aggravated criminal sexual assault is a Class X felony. However, the offender would be sentenced to natural life in prison with no Sexual battery definition illinois of parole.
The defendant is guilty if he commits criminal sexual assault plus any one of the following aggravating factors:. A person may be guilty of aggravated criminal sexual assault under a different factual scenario, as well.
Under the following circumstances, a defendant is guilty of aggravated criminal sexual assault due to the difference Sexual battery definition illinois age between the victim and the offender:.
Illinois law provides that a person who commits predatory criminal sexual assault is guilty of a Class X felony with no possibility of probation.
The statute provides that an offender must be sentenced to prison from 6 to 30 years. If the offender uses a firearm in the commission of the offense, an extended term of 15, 20, or 50 years may be added.
The offender may also be sentenced to natural life. A second offense of predatory criminal sexual assault has a mandatory life sentence.
The crime of predatory criminal sexual assault also occurs where there was sexual penetration and the accused was 17 years of age or older, and the victim was 12 years of age or younger and, in addition, the defendant carried a firearm, discharged a firearm, or caused great bodily harm to Sexual battery definition illinois victim that resulted in permanent disability or life threatening injury, or delivered a controlled substance to the victim.
Criminal sexual abuse is the only sex crime on the books in Illinois for which the offense can be a Class A misdemeanor. The way it is written, the crime of criminal sexual abuse can be either a felony or a misdemeanor, depending on the circumstances. But even where the Sexual battery definition illinois is found guilty of a misdemeanor, he will still be required to register as a sex offender if found guilty.
The statute provides that a person is guilty of a Class 4 felony where he commits sexual conduct in conjunction with either one of the following: A Class 4 felony has a sentencing range of 1 to 3 years in the Illinois Department of Corrections. Sexual battery definition illinois Class 4 felony is probationable. Therefore, the judge is authorized to sentence the defendant to probation as opposed to incarceration in either the county jail or state prison system.
A second or subsequent offense of criminal sexual abuse under the scenarios described previously is a Class 2 felony with a potential penalty of 3 to 7 years prison.
A second or subsequent offense with those facts is also probationable. A person is guilty of a misdemeanor offense of criminal sexual abuse where the person commits sexual conduct or penetration under any one of the following scenarios:. The maximum penalty for a misdemeanor offense in Illinois is up to one year in jail. That time would be subject to reduction for good behavior 50 percent.
It is a Sexual battery definition illinois to the crime of criminal sexual abuse that the offender reasonably believed the victim was at least 17 years old.
Recently, the state legislature considered a bill which would provide an exception to the sex offender registration requirement for people who are convicted of criminal sexual abuse and later marry the victim. law, called the Romeo and Juliet law, would have exempted defendants who were found guilty of criminal sexual abuse where they later married the victim of the crime.
The bill was defeated in the legislature, and as ofIllinois has no Romeo and Juliet law. Whereas criminal sexual abuse can be a Class A misdemeanor offense under certain circumstances, aggravated criminal sexual abuse is a felony. The law says that a a defendant would be guilty of a Class 2 felony and faces 3 to 7 years in the Illinois Department of Corrections.
The statute provides that a person is guilty of aggravated criminal sexual abuse if he commits criminal sexual abuse and any one of the following circumstances is present:. A person would be guilty of aggravated criminal sexual abuse if he commits sexual conduct and any one of the following scenarios is present:.
A person is guilty of aggravated criminal sexual abuse under one last scenario, where he or she commits an act of penetration with the victim who is age 13 through 17 and the offender is 5 years older than the victim. Compare this to that misdemeanor offense of criminal sexual abuse, in which it would be a misdemeanor if the defendant were less than 5 years older.
It is an affirmative defense to the crime of aggravated criminal sexual abuse where the defendant reasonably believed that the victim was 17 years old. And so, the foregoing is an overview of Illinois sex laws. All these safeguards make every sex case winnable. Possession of a fraudulent identification card: An explanation of Illinois sex crimes by Sami Azhari on March 5, Criminal sexual assault consists of the following elements: Sexual penetration combined with one or more of the following: Force or threat of force.
The victim was unable to understand the nature of the act or to give knowing consent. The victim was under 18 years of age and the defendant is a family member. The victim was at least 13 years old but under 18 years of age, and the defendant was 17 years of age or older and held a position of trust, authority, or supervision in relation to the victim.
Aggravated Criminal Sexual Assault Illinois law says that a person who commits aggravated criminal Sexual battery definition illinois assault is guilty of a Class X felony.
The defendant is guilty if he commits criminal sexual assault plus any one of the following aggravating factors: Commission of the crime with a dangerous weapon.
Infliction of bodily harm. Threatening the life of the victim or another person. Commission of another felony. "Sexual battery definition illinois" victim was 60 years old or older. The victim was physically handicapped.