95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4319


 
Introduced , by Rep. Sandra M. Pihos
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/12-17
  from Ch. 38, par. 12-17







    Amends the Criminal Code of 1961.  Provides that it is not a defense to predatory criminal sexual assault of a child that the
accused reasonably believed the victim of the offense to be 13 years of age or over when the offense was committed and the State does not have to prove that the accused knew that the victim of the offense was under 13 years of age when the offense was committed.
















LRB095 15485 RLC 41478 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4319

LRB095 15485 RLC 41478 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 12-17 as follows:
 



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    (720 ILCS 5/12-17)  (from Ch. 38, par. 12-17)



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    Sec. 12-17. Defenses. 

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    (a) It shall be a defense to any offense under Section 
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12-13 through
12-16 of this Code where force or threat of force 
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is an element of the
offense that the victim consented.  
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"Consent" means a freely given
agreement to the act of sexual 
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penetration or sexual conduct in question.
Lack of verbal or 
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physical resistance or submission by the victim resulting
from 
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the use of force or threat of force by the accused shall not

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constitute consent.  The manner of dress of the victim at the 
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time of the
offense shall not constitute consent.

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    (b) It shall be a defense under subsection (b) and 
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subsection (c) of
Section 12-15 and subsection (d) of Section 
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12-16 of this Code that the
accused reasonably believed the 
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person to be 17 years of age or over. It is not a defense to 
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Section 12-14.1 (predatory criminal sexual assault of a child) 
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that the
accused reasonably believed the victim of the offense 
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to be 13 years of age or over when the offense was committed 
 


 






HB4319
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LRB095 15485 RLC 41478 b




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and the State does not have to prove that the accused knew that 
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the victim of the offense was under 13 years of age when the 
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offense was committed. 

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    (c) A person who initially consents to sexual penetration 
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or sexual
conduct
is not deemed to have consented to any sexual 
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penetration or sexual
conduct that occurs after he or she 
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withdraws consent during the course of
that sexual penetration 
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or sexual conduct.

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(Source: P.A. 93-389, eff. 7-25-03.)