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91_HB2360eng HB2360 Engrossed LRB9105267RCks 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 12-15. 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 Section 12-15 as follows: 7 (720 ILCS 5/12-15) (from Ch. 38, par. 12-15) 8 Sec. 12-15. Criminal sexual abuse. 9 (a) The accused commits criminal sexual abuse if he or 10 she: 11 (1) commits an act of sexual conduct by the use of 12 force or threat of force; or 13 (2) commits an act of sexual conduct and the 14 accused knew that the victim was unable to understand the 15 nature of the act or was unable to give knowing consent. 16 (b) The accused commits criminal sexual abuse if the 17 accused was under 17 years of age and commits an act of 18 sexual penetration or sexual conduct with a victim who was at 19 least 9 years of age but under 17 years of age when the act 20 was committed. 21 (c) The accused commits criminal sexual abuse if he or 22 she commits an act of sexual penetration or sexual conduct 23 with a victim who was at least 13 years of age but under 17 24 years of age and the accused was less than 5 years older than 25 the victim. 26 (d) Sentence. Criminal sexual abuse for a violation of 27 subsection (b) or (c) of this Section is a Class A 28 misdemeanor. Criminal sexual abuse for a violation of 29 paragraph (1) or (2) of subsection (a) of this Section is a 30 Class 4 felony. A second or subsequent conviction for a 31 violation of subsection (a) of this Section is a Class 2 HB2360 Engrossed -2- LRB9105267RCks 1 felony. For purposes of this Section it is a second or 2 subsequent conviction if the accused has at any time been 3 convicted under this Section or under any similar statute of 4 this State or any other state for any offense involving 5 sexual abuse or sexual assault that is substantially 6 equivalent to or more serious than the sexual abuse 7 prohibited under this Section. 8 (Source: P.A. 85-651.)