What is Considered Aggravated Criminal Sexual Abuse in Illinois?
Aggravated criminal sexual abuse is a serious felony offense in Illinois that involves criminal sexual abuse along with certain aggravating factors. This crime carries heavy penalties, including mandatory prison time and sex offender registration. Understanding what constitutes aggravated criminal sexual abuse under Illinois law is important for anyone facing such charges. This article provides an overview of the key aspects of aggravated criminal sexual abuse charges in Illinois.
The Basics of Criminal Sexual Abuse
Criminal sexual abuse, which aggravated criminal sexual abuse builds upon, is defined under 720 ILCS 5/11-1.50. It involves committing an act of sexual conduct or sexual penetration on a victim through use of force or threat of force, or when the victim is unable to consent or understand the nature of the act.
- Specific situations that constitute criminal sexual abuse include:
- Consensual sexual activity between minors under age 17 but at least age 9[1]
- Consensual sexual activity between a victim age 13-16 and a perpetrator less than 5 years older[1]
- Criminal sexual abuse is generally a Class A misdemeanor punishable by up to 1 year in jail. However, it becomes a felony with harsher penalties if force is used or the victim could not consent. [6]
What Makes It Aggravated Criminal Sexual Abuse?
Aggravated criminal sexual abuse, defined under 720 ILCS 5/11-1.60, occurs when a person commits criminal sexual abuse AND one or more specific aggravating factors are present. These aggravating factors, per 720 ILCS 5/11-1.60(a), include:
- Displaying, threatening to use, or using a dangerous weapon
- Causing bodily harm to the victim
- The victim being age 60 or older
- The victim having a physical disability
- Threatening the life of the victim or another person
- Committing sexual abuse during another felony crime
- Delivering controlled substances to the victim without consent
Other situations that qualify as aggravated criminal sexual abuse under Illinois law include:
- Sexual conduct with a family member under age 18 (720 ILCS 5/11-1.60(b))
- Sexual conduct with a victim under age 13 by a perpetrator over age 17 (720 ILCS 5/11-1.60(c))
- Sexual conduct using force on a victim age 13-17 by a perpetrator over age 17 (720 ILCS 5/11-1.60(c))
- Sexual conduct with a victim age 13-17 by a perpetrator at least 5 years older (720 ILCS 5/11-1.60(d))
- Sexual conduct with a victim who has a severe or profound intellectual disability (720 ILCS 5/11-1.60(e))
- Sexual conduct by a person in a position of authority with a victim age 13-18 (720 ILCS 5/11-1.60(f))
Penalties for Aggravated Criminal Sexual Abuse
Aggravated criminal sexual abuse is a Class 2 felony in Illinois under 720 ILCS 5/11-1.60(g). This carries penalties of:
- 3-7 years in prison
- Up to $25,000 in fines
- Mandatory sex offender registration
Probation is possible but not guaranteed. Sentencing depends on the specific circumstances of the case. [4]
Key Defenses Against Aggravated Criminal Sexual Abuse Charges
There are several possible defenses if you are facing aggravated criminal sexual abuse charges:
- Consent: One defense is to show the sexual conduct was consensual and no force or threat of force existed. However, consent may be invalid if the victim was underage or intellectually disabled.
- Mistaken age: You may argue you reasonably believed the victim was over the age of consent based on their appearance and statements.
- False accusations: When there is lack of evidence, you can argue the accusations are fabricated for ulterior motives.
- Intoxication: Being intoxicated does not excuse criminal sexual abuse, but in some cases it could negate intent to commit the crime.
An experienced criminal defense lawyer can assess the available defenses and build the strongest case possible on your behalf.
Related Sex Crimes in Illinois
There are other serious sex offenses in Illinois that are important to understand:
- Criminal Sexual Assault (720 ILCS 5/11-1.20): Sexual penetration using force, threat of force or when the victim could not consent.
- Aggravated Criminal Sexual Assault (720 ILCS 5/11-1.30): Criminal sexual assault with aggravating factors like use of a weapon, serious bodily harm, or very young victim.
- Predatory Criminal Sexual Assault (720 ILCS 5/11-1.40): Aggravated criminal sexual assault on a victim under age 13 by a perpetrator over age 17.
- Criminal Sexual Abuse (720 ILCS 5/11-1.50): Sexual conduct (not penetration) using force or threat of force, or when the victim could not consent.
Conclusion
Aggravated criminal sexual abuse is a serious felony in Illinois, carrying penalties of 3-7 years in prison. It involves committing criminal sexual abuse along with certain aggravating factors like use of a weapon, harm to the victim, or very young or disabled victims. Strong defenses are available in some cases, such as arguing consent, false accusations, or mistaken age. Anyone facing charges should retain an experienced sex crimes defense attorney right away to start building their case. The lawyer can thoroughly examine the evidence and identify the defendant’s best options under the circumstances.