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91_HB1540
LRB9102471RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 12-14 and 12-16.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 12-14 and 12-16 as follows:
7 (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
8 Sec. 12-14. Aggravated Criminal Sexual Assault.
9 (a) The accused commits aggravated criminal sexual
10 assault if he or she commits criminal sexual assault and any
11 of the following aggravating circumstances existed during, or
12 for the purposes of paragraph (7) of this subsection (a) as
13 part of the same course of conduct as, the commission of the
14 offense:
15 (1) the accused displayed, threatened to use, or
16 used a dangerous weapon or any object fashioned or
17 utilized in such a manner as to lead the victim under the
18 circumstances reasonably to believe it to be a dangerous
19 weapon; or
20 (2) the accused caused bodily harm to the victim;
21 or
22 (3) the accused acted in such a manner as to
23 threaten or endanger the life of the victim or any other
24 person; or
25 (4) the criminal sexual assault was perpetrated
26 during the course of the commission or attempted
27 commission of any other felony by the accused; or
28 (5) the victim was 60 years of age or over when the
29 offense was committed; or
30 (6) the victim was a physically handicapped person;
31 or
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1 (7) the accused delivered (by injection,
2 inhalation, ingestion, transfer of possession, or any
3 other means) to the victim without his or her consent, or
4 by threat or deception, and for other than medical
5 purposes, any controlled substance.
6 (b) The accused commits aggravated criminal sexual
7 assault if the accused was under 17 years of age and (i)
8 commits an act of sexual penetration with a victim who was
9 under 9 years of age when the act was committed; or (ii)
10 commits an act of sexual penetration with a victim who was at
11 least 9 years of age but under 13 years of age when the act
12 was committed and the accused used force or threat of force
13 to commit the act.
14 (c) The accused commits aggravated criminal sexual
15 assault if he or she commits an act of sexual penetration
16 with a victim who was an institutionalized severely or
17 profoundly mentally retarded person at the time the act was
18 committed.
19 (d) Sentence.
20 (1) Aggravated criminal sexual assault is a Class X
21 felony. Aggravated criminal sexual assault in violation
22 of paragraph (2) or (7) of subsection (a) is a Class X
23 felony for which the defendant must be sentenced to a
24 term of imprisonment of not less than 10 years and not
25 more than 45 years. Aggravated criminal sexual assault
26 in violation of subsection (b) or (c) is a Class X felony
27 for which the defendant must be sentenced to a term of
28 imprisonment of not less than 10 years and not more than
29 45 years if the defendant, during the commission of the
30 offense, caused bodily harm to the victim or if the
31 defendant, as part of the same course of conduct as the
32 offense, administered a controlled substance to the
33 victim.
34 (2) A person who is convicted of a second or
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1 subsequent offense of aggravated criminal sexual assault,
2 or who is convicted of the offense of aggravated criminal
3 sexual assault after having previously been convicted of
4 the offense of criminal sexual assault or the offense of
5 predatory criminal sexual assault of a child, or who is
6 convicted of the offense of aggravated criminal sexual
7 assault after having previously been convicted under the
8 laws of this or any other state of an offense that is
9 substantially equivalent to the offense of criminal
10 sexual assault, the offense of aggravated criminal sexual
11 assault or the offense of predatory criminal sexual
12 assault of a child, shall be sentenced to a term of
13 natural life imprisonment. The commission of the second
14 or subsequent offense is required to have been after the
15 initial conviction for this paragraph (2) to apply.
16 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
17 90-396, eff. 1-1-98; 90-735, eff. 8-11-98.)
18 (720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
19 Sec. 12-16. Aggravated Criminal Sexual Abuse.
20 (a) The accused commits aggravated criminal sexual abuse
21 if he or she commits criminal sexual abuse as defined in
22 subsection (a) of Section 12-15 of this Code and any of the
23 following aggravating circumstances existed during, or for
24 the purposes of paragraph (7) of this subsection (a) as part
25 of the same course of conduct as, the commission of the
26 offense:
27 (1) the accused displayed, threatened to use or
28 used a dangerous weapon or any object fashioned or
29 utilized in such a manner as to lead the victim under the
30 circumstances reasonably to believe it to be a dangerous
31 weapon; or
32 (2) the accused caused bodily harm to the victim;
33 or
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1 (3) the victim was 60 years of age or over when the
2 offense was committed; or
3 (4) the victim was a physically handicapped person;
4 or
5 (5) the accused acted in such a manner as to
6 threaten or endanger the life of the victim or any other
7 person; or
8 (6) the criminal sexual abuse was perpetrated
9 during the course of the commission or attempted
10 commission of any other felony by the accused; or
11 (7) the accused delivered (by injection,
12 inhalation, ingestion, transfer of possession, or any
13 other means) to the victim without his or her consent, or
14 by threat or deception, and for other than medical
15 purposes, any controlled substance.
16 (b) The accused commits aggravated criminal sexual abuse
17 if he or she commits an act of sexual conduct with a victim
18 who was under 18 years of age when the act was committed and
19 the accused was a family member.
20 (c) The accused commits aggravated criminal sexual abuse
21 if:
22 (1) the accused was 17 years of age or over and (i)
23 commits an act of sexual conduct with a victim who was
24 under 13 years of age when the act was committed; or (ii)
25 commits an act of sexual conduct with a victim who was at
26 least 13 years of age but under 17 years of age when the
27 act was committed and the accused used force or threat of
28 force to commit the act; or
29 (2) the accused was under 17 years of age and (i)
30 commits an act of sexual conduct with a victim who was
31 under 9 years of age when the act was committed; or (ii)
32 commits an act of sexual conduct with a victim who was at
33 least 9 years of age but under 17 years of age when the
34 act was committed and the accused used force or threat of
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1 force to commit the act.
2 (d) The accused commits aggravated criminal sexual abuse
3 if he or she commits an act of sexual penetration or sexual
4 conduct with a victim who was at least 13 years of age but
5 under 17 years of age and the accused was at least 5 years
6 older than the victim.
7 (e) The accused commits aggravated criminal sexual abuse
8 if he or she commits an act of sexual conduct with a victim
9 who was an institutionalized severely or profoundly mentally
10 retarded person at the time the act was committed.
11 (f) The accused commits aggravated criminal sexual abuse
12 if he or she commits an act of sexual conduct with a victim
13 who was at least 13 years of age but under 18 years of age
14 when the act was committed and the accused was 17 years of
15 age or over and held a position of trust, authority or
16 supervision in relation to the victim.
17 (g) Sentence. Aggravated criminal sexual abuse is a
18 Class 2 felony. Aggravated criminal sexual abuse in violation
19 of paragraph (2) or (7) of subsection (a) is a Class 1
20 felony. Aggravated criminal sexual abuse in violation of
21 subsection (b), (c), (d), (e), or (f) is a Class 1 felony if
22 the defendant, during the commission of the offense, caused
23 bodily harm to the victim or if the defendant, as part of the
24 same course of conduct as the offense, administered a
25 controlled substance to the victim.
26 (Source: P.A. 89-586, eff. 7-31-96; 90-735, eff. 8-11-98.)