Sexual Assault

Definition of Criminal Sexual Assault.

(a) In Illinois, a person commits criminal sexual assault if that person commits an act of sexual penetration and:

(1) uses force of threat of force;

(2) Knows that the victim is unable to understand the nature of the act or is unable to give knowing consent;

(3) is a family member of the victim, and the victim is under 18 years of age; or

(4) is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age.

Sentence.

(1) Criminal sexual assault is a Class 1 felony, except that:

(A) A person who is convicted of the offense of Criminal Sexual Assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of Criminal Sexual Assault or the offense of exploitation of a child, or who is convicted of the offense of Criminal Sexual Assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of of Criminal Sexual Assault or to the offense of exploitation of a child, commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 30 years and not more than 60 years.  The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (A) to apply.

(B) A person who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of Aggravated Criminal Sexual Assault (720 ILCS 5/11-1.30) or the offense of Predatory Criminal Sexual Assault of a Child (720 ILCS 5/11-1.40), or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense Aggravated Criminal Sexual Assault (720 ILCS 5/11-1.30) or the offense of Predatory Criminal Assault of a Child (720 ILCS 5/11-1.40) shall be sentenced to a term of natural life imprisonment.  The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (B) to apply.

(C) A second or subsequent conviction for a violation of paragraph (a)(3) or (a)(4) or under any similar statute of this State or any other state for any offense involving Criminal Sexual Assault that is substantially equivalent to or more serious  than the sexual assault  prohibited under paragraph (a)(3) or (a)(4) is a Class X felony.

Definitions.

“Family member” means a parent, grandparent, child, aunt, uncle, great-aunt, or great-uncle, whether by whole blood, half-blood, or adoption, and includes a step-grandparent, step-parent, or step-child.  “Family member” also means, if the victim is a child under 18 years of age, an accused who has resided in the household with the child continuously for at least 6 months. (720 ILCS 5/11-0.1.)