(720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
Sec. 11-1.60. Aggravated criminal sexual abuse.
(a) A person commits aggravated criminal sexual abuse if that person commits criminal sexual abuse and any of the following aggravating circumstances exist (i) during the commission of the offense or (ii) for purposes of paragraph (7), as part of the same course of conduct as the commission of the offense: (1) the person displays, threatens to use, or uses a |
| dangerous weapon or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;
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(2) the person causes bodily harm to the victim;
(3) the victim is 60 years of age or older;
(4) the victim is a person with a physical disability;
(5) the person acts in a manner that threatens or
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| endangers the life of the victim or any other person;
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(6) the person commits the criminal sexual abuse
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| during the course of committing or attempting to commit any other felony; or
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(7) the person delivers (by injection, inhalation,
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| ingestion, transfer of possession, or any other means) any controlled substance to the victim for other than medical purposes without the victim's consent or by threat or deception.
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(b) A person commits aggravated criminal sexual abuse if that person
commits an act of sexual conduct with a victim who is under 18
years of age
and the person is a family member.
(c) A person commits aggravated criminal sexual abuse if:
(1) that person is 17 years of age or over and: (i)
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| commits an act of sexual conduct with a victim who is under 13 years of age; or (ii) commits an act of sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person uses force or threat of force to commit the act; or
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(2) that person is under 17 years of age and: (i)
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| commits an act of sexual conduct with a victim who is under 9 years of age; or (ii) commits an act of sexual conduct with a victim who is at least 9 years of age but under 17 years of age and the person uses force or threat of force to commit the act.
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(d) A person commits aggravated criminal sexual abuse if that person
commits an act of sexual penetration or sexual conduct with a victim
who is at least 13
years of age but under 17 years of age and the person is at least 5 years
older than the victim.
(e) A person commits aggravated criminal sexual abuse if that person
commits an act of sexual conduct with a victim who is a
person with a severe or profound intellectual disability.
(f) A person commits aggravated criminal sexual abuse if
that person commits an act of sexual conduct with a victim who is but under 18 years of age and
the person is 17 years of age or over and holds a position of trust,
authority, or supervision in relation to the victim.
(g) Sentence. Aggravated criminal sexual abuse for a violation of subsection (a), (b), (c), (d) or (e) of this Section is a Class 2 felony. Aggravated criminal sexual abuse for a violation of subsection (f) of this Section is a Class 1 felony.
(Source: P.A. 102-567, eff. 1-1-22 .)
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(720 ILCS 5/11-1.80) (was 720 ILCS 5/12-18.1)
Sec. 11-1.80. Civil Liability. (a) If any person has been convicted of
any offense defined in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of this Act,
a victim of such offense has a cause of action for damages against any
person or entity who, by the manufacture, production, or wholesale
distribution of any obscene material which was possessed or viewed by the
person convicted of the offense, proximately caused such person, through his
or her reading or viewing of the obscene material, to commit the violation
of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16. No victim may recover in any
such action unless he or she proves by a preponderance of the evidence
that: (1) the reading or viewing of the specific obscene material
manufactured, produced, or distributed wholesale by the defendant
proximately caused the person convicted of the violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-14.1, 12-15, or 12-16 to commit such violation and (2) the defendant knew
or had reason to know that the manufacture, production, or wholesale
distribution of such material was likely to cause a violation of an offense substantially
of the type enumerated.
(b) The manufacturer, producer or wholesale distributor shall be liable
to the victim for:
(1) actual damages incurred by the victim, including |
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(2) court costs and reasonable attorneys fees;
(3) infliction of emotional distress;
(4) pain and suffering; and
(5) loss of consortium.
(c) Every action under this Section shall be commenced within 3 years
after the conviction of the defendant for a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-15 or 12-16 of this Code. However, if the victim was under the
age of 18 years at the time of the conviction of the defendant for a
violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code, an action
under this Section shall be commenced within 3 years after the victim
attains the age of 18 years.
(d) For the purposes of this Section:
(1) "obscene" has the meaning ascribed to it in
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| subsection (b) of Section 11-20 of this Code;
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(2) "wholesale distributor" means any individual,
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| partnership, corporation, association, or other legal entity which stands between the manufacturer and the retail seller in purchases, consignments, contracts for sale or rental of the obscene material;
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(3) "producer" means any individual, partnership,
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| corporation, association, or other legal entity which finances or supervises, to any extent, the production or making of obscene material;
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(4) "manufacturer" means any individual, partnership,
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| corporation, association, or other legal entity which manufacturers, assembles or produces obscene material.
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(Source: P.A. 96-1551, Article 2, Section 5, eff. 7-1-11; 96-1551, Article 2, Section 1035, eff. 7-1-11; 97-1109, eff. 1-1-13.)
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(720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
Sec. 11-6. Indecent solicitation of a child.
(a) A person of the age of 17 years and upwards commits
indecent solicitation of a child if the person, with the intent that the
offense of aggravated criminal sexual assault, criminal sexual assault,
predatory criminal sexual assault of a child, or aggravated criminal sexual
abuse be committed, knowingly solicits a child or one whom he or she believes
to be a child to perform an act of sexual penetration or sexual conduct as
defined in Section 11-0.1 of this Code.
(a-5) A person of the age of 17 years and upwards commits
indecent solicitation of a child if the person knowingly discusses an act of sexual conduct or sexual penetration with a child or with one whom he or she believes
to be a child by means of the Internet with the intent that the offense of aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed. (a-6) It is not a defense to subsection (a-5) that the person did not solicit the child to perform sexual conduct or sexual penetration with the person.
(b) Definitions. As used in this Section:
"Solicit" means to command, authorize, urge, incite, |
| request, or advise another to perform an act by any means including, but not limited to, in person, over the phone, in writing, by computer, or by advertisement of any kind.
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"Child" means a person under 17 years of age.
"Internet" has the meaning set forth in Section
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"Sexual penetration" or "sexual conduct" are defined
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(c) Sentence. Indecent solicitation of a child under subsection (a) is:
(1) a Class 1 felony when the act, if done, would be
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| predatory criminal sexual assault of a child or aggravated criminal sexual assault;
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(2) a Class 2 felony when the act, if done, would be
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(3) a Class 3 felony when the act, if done, would be
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| aggravated criminal sexual abuse.
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Indecent solicitation of a child under subsection (a-5) is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(720 ILCS 5/11-6.5)
Sec. 11-6.5. Indecent solicitation of an adult.
(a) A person commits indecent solicitation of an adult if the person knowingly:
(1) Arranges for a person 17 years of age or over to |
| commit an act of sexual penetration as defined in Section 11-0.1 with a person:
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(i) Under the age of 13 years; or
(ii) Thirteen years of age or over but under the
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(2) Arranges for a person 17 years of age or over to
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| commit an act of sexual conduct as defined in Section 11-0.1 with a person:
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(i) Under the age of 13 years; or
(ii) Thirteen years of age or older but under the
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(b) Sentence.
(1) Violation of paragraph (a)(1)(i) is a Class X
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(2) Violation of paragraph (a)(1)(ii) is a Class 1
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(3) Violation of paragraph (a)(2)(i) is a Class 2
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(4) Violation of paragraph (a)(2)(ii) is a Class A
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(c) For the purposes of this Section, "arranges" includes but is not
limited to oral or written communication and
communication by telephone, computer, or other electronic means. "Computer"
has the meaning ascribed to it in Section 17-0.5 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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