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91_HB1540eng HB1540 Engrossed 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 HB1540 Engrossed -2- LRB9102471RCks 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 HB1540 Engrossed -3- LRB9102471RCks 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 HB1540 Engrossed -4- LRB9102471RCks 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 HB1540 Engrossed -5- LRB9102471RCks 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.)