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91_SB0405eng SB405 Engrossed LRB9105587RCks 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 12-12. 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 12-12 as follows: 7 (720 ILCS 5/12-12) (from Ch. 38, par. 12-12) 8 Sec. 12-12. Definitions. For the purposes of Sections 9 12-13 through 12-18 of this Code, the terms used in these 10 Sections shall have the following meanings ascribed to them: 11 (a) "Accused" means a person accused of an offense 12 prohibited by Sections 12-13, 12-14, 12-15 or 12-16 of this 13 Code or a person for whose conduct the accused is legally 14 responsible under Article 5 of this Code. 15 (b) "Bodily harm" means physical harm, and includes, but 16 is not limited to, sexually transmitted disease, pregnancy 17 and impotence. 18 (c) "Family member" means a parent, grandparent, or 19 child, whether by whole blood, half-blood or adoption and 20 includes a step-grandparent, step-parent or step-child. 21 "Family member" also means, where the victim is a child under 22 18 years of age, an accused who has resided in the household 23 with such child continuously for at least one year. 24 (d) "Force or threat of force" means the use of force or 25 violence, or the threat of force or violence, including but 26 not limited to the following situations: 27 (1) when the accused threatens to use force or 28 violence on the victim or on any other person, and the 29 victim under the circumstances reasonably believed that 30 the accused had the ability to execute that threat; or 31 (2) when the accused has overcome the victim by use SB405 Engrossed -2- LRB9105587RCks 1 of superior strength or size, physical restraint or 2 physical confinement. 3 (e) "Sexual conduct" means any intentional or knowing 4 touching or fondling by the victim or the accused, either 5 directly or through clothing, of the sex organs, anus or 6 breast of the victim or the accused, or any part of the body 7 of a child under 13 years of age, or any transfer or 8 transmission of semen by the accused upon any part of the 9 clothed or unclothed body of the victim, for the purpose of 10 sexual gratification or arousal of the victim or the accused. 11 (f) "Sexual penetration" means any contact, however 12 slight, between the sex organ or anus of one person by an 13 object, the sex organ, mouth or anus of another person, or 14 any intrusion, however slight, of any part of the body of one 15 person or of any animal or object into the sex organ or anus 16 of another person, including but not limited to cunnilingus, 17 fellatio or anal penetration. Evidence of emission of semen 18 is not required to prove sexual penetration. 19 (g) "Victim" means a person alleging to have been 20 subjected to an offense prohibited by Sections 12-13, 12-14, 21 12-15 or 12-16 of this Code. 22 (Source: P.A. 88-167.)