Sex Related Crimes
Accusations of sexual misconduct are never to be taken lightly — not only for the significant penalties that result from a conviction, but also for the long-term stigma that arises when an individual is associated with a sex-related crime. If you or someone you know is charged with a sex crime in Illinois, there are very serious consequences attached. A conviction for most sex crimes will require you to register as a sex offender. This means that your name, address and criminal history will be available to the public or employer in a National Sex Offender Database. A registered sex offender often has difficulty obtaining a job or living in a particular location, and must register with each police department when they move, change jobs, get a new phone or even a car. This is why it is extremely important that you retain a skilled criminal defense attorney to represent you.
In Illinois, criminal sexual cases are charged under Sexual Assault or Sexual Abuse. The distinction is whether sexual penetration (assault) or touching (abuse) occurred.
Criminal Sexual Assault
Consists of the act of sexual penetration and one of the following: force or threat of force; victim was unable to understand the nature of the act or to give consent; victim was under 18 years of age and the defendant is a family member; victim was over 13 years old and under 18 years of age, and the defendant was older than 17 years of age and was in a position of trust, authority, or supervision in relation to the victim. Sexual penetration is when there is actual intrusion into the victim’s genitals or contact between the defendant’s genitals and the victim’s genitals, mouth, or anus. Criminal Sexual Assault is a non-probationable Class 1 felony, punishable by 4 to 30 years imprisonment and a fine up to $25,000
Predatory Criminal Sexual Assault
The charge for Predatory occurs when there is sexual penetration and the accused is 17 years of age or older and the victim is 12 years of age or younger. Predatory Criminal Sexual Assault is a non-probationable Class X felony punishable by 6 to 30 years incarceration.
Criminal Sexual Abuse
Under Illinois law, a person commits the crime of sexual abuse by committing sexual touching (short of penetration) by force or threat of force, or knowing that the victim is unable to consent to or understand the act. When there is sexual conduct or penetration under one of the following conditions: victim was between the ages of 9 and 16, and the accused was under 17; or victim was between 13 and 16, and the accused was 17 or older, but not 5 years older than the victim then it is a Class A misdemeanor.
When the defendant commits sexual conduct and one of the following situations is present: the act was committed by force or threat of force; or victim was unable to understand the nature of the act or to give knowing consent then it is a Class 4 felony.
Aggravated Criminal Sexual Assault and Sexual Abuse
The defendant is guilty of aggravated sexual assault or abuse if one of the following factors is present with assault or abuse:
The defendant uses, threatens, displays, or is armed with a weapon
The defendant causes bodily harm
The defendant endangers or threatens a life
The defendant gives the victim a controlled substance without the victim’s consent
The assault or abuse was committed during the course of another felony; or
The victim was over 60 years old, physically handicapped, or severely mentally disabled
Aggravated Criminal Sexual Abuse is a Class 2 felony, punishable by three to 14 years in prison. A person would also be guilty of aggravated criminal sexual abuse if he commits sexual conduct and any one of the following scenarios is present:
The victim was 17 years of age or under, and the accused was a family member
The victim was 12 years old or younger and the accused was 17 years old or older
The victim was 13 through 16 years old, and the defendant, age 17, used force or threat of force
The victim was 8 years of age or younger, and the defendant was 17 years old or older
The victim was age 9 through 16 and the accused was 17 years old and used force or threat of force
The victim was severely or profoundly mentally retarded
The victim was age 13 to 17 and the offender was 17 years old or older and held a position of trust, authority, or supervision in relation to the victim commits an act of sexual penetration with the victim who is age 13 through 17 and the offender is 5 years older than the victim.
Aggravated Criminal Sexual Assault is a Class X felony and non-probationable. The offense is punishable by 6 to 30 years in prison. It is also aggravated criminal sexual assault when there is:
Sexual penetration where the victim was 8 years old or younger, and the accused was 16 years old or younger
Sexual penetration where the victim was age 9 through 12, if force or threat of force was used
When any person knowingly performs, offers or agrees to perform any act of sexual penetration for anything of value, or any touching or fondling of the sex organs of one person by another person, for anything of value, for the purpose of sexual arousal or gratification. Prostitution is charged as a Class A misdemeanor but if the offense is committed within 1,000 feet of a school, it is a Class 4 felony.
Possession of Child Pornography
Child pornography is any visual depiction, whether photo, film, computer generated image, or picture, of a minor engaging in sexually explicit conduct. Depending on the specific circumstances, Possession of Child Pornography can be as serious as a Class X Felony
Any person who offers a person not his or her spouse any money, property, token, object, or article or anything of value for that person or any other person not his or her spouse to perform any act of sexual penetration as defined in Section 11-0.1 of this Code, or any touching or fondling of the sex organs of one person by another person for the purpose of sexual arousal or gratification, commits solicitation of a sexual act. Solicitation is defined as asking sex in exchange for money or something of value. Solicitation of a sexual act is a Class A misdemeanor. Solicitation of a sexual act from a person who is under the age of 18 or who is severely or profoundly intellectually disabled is a Class 4 felony.
Sexual criminal charges are very serious and having the right attorney is crucial. Call Erwin Law Firm Ltd., if you or someone you know has been arrested and set up your free initial consultation by dialing (847) 977-6298.