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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CRIMINAL OFFENSES
(720 ILCS 5/) Criminal Code of 2012.

720 ILCS 5/10-5.5

    (720 ILCS 5/10-5.5)
    Sec. 10-5.5. Unlawful visitation or parenting time interference.
    (a) As used in this Section, the terms "child", "detain", and "lawful custodian" have the meanings ascribed to them in Section 10-5 of this Code.
    (b) Every person who, in violation of the visitation, parenting time, or custody time provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation, parenting time, or custody time commits the offense of unlawful visitation or parenting time interference.
    (c) A person committing unlawful visitation or parenting time interference is guilty of a petty offense. Any person violating this Section after 2 prior convictions of unlawful visitation interference or unlawful visitation or parenting time interference, however, is guilty of a Class A misdemeanor.
    (d) Any law enforcement officer who has probable cause to believe that a person has committed or is committing an act in violation of this Section shall issue to that person a notice to appear.
    (e) The notice shall:
        (1) be in writing;
        (2) state the name of the person and his or her
    
address, if known;
        (3) set forth the nature of the offense;
        (4) be signed by the officer issuing the notice; and
        (5) request the person to appear before a court at a
    
certain time and place.
    (f) Upon failure of the person to appear, a summons or warrant of arrest may be issued.
    (g) It is an affirmative defense that:
        (1) a person or lawful custodian committed the act to
    
protect the child from imminent physical harm, provided that the defendant's belief that there was physical harm imminent was reasonable and that the defendant's conduct in withholding visitation rights, parenting time, or custody time was a reasonable response to the harm believed imminent;
        (2) the act was committed with the mutual consent of
    
all parties having a right to custody and visitation of the child or parenting time with the child; or
        (3) the act was otherwise authorized by law.
(Source: P.A. 96-333, eff. 8-11-09; 96-675, eff. 8-25-09; 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10.)

720 ILCS 5/10-6

    (720 ILCS 5/10-6) (from Ch. 38, par. 10-6)
    Sec. 10-6. Harboring a runaway.
    (a) Any person, other than an agency or association providing crisis intervention services as defined in Section 3-5 of the Juvenile Court Act of 1987, or an operator of a youth emergency shelter as defined in Section 2.21 of the Child Care Act of 1969, who, without the knowledge and consent of the minor's parent or guardian, knowingly gives shelter to a minor, other than a mature minor who has been emancipated under the Emancipation of Minors Act, for more than 48 hours without the consent of the minor's parent or guardian, and without notifying the local law enforcement authorities of the minor's name and the fact that the minor is being provided shelter commits the offense of harboring a runaway.
    (b) Any person who commits the offense of harboring a runaway is guilty of a Class A misdemeanor.
(Source: P.A. 95-331, eff. 8-21-07.)

720 ILCS 5/10-7

    (720 ILCS 5/10-7) (from Ch. 38, par. 10-7)
    Sec. 10-7. Aiding or abetting child abduction.
    (a) A person violates this Section when, before or during the commission of a child abduction as defined in Section 10-5 and with the intent to promote or facilitate such offense, he or she intentionally aids or abets another in the planning or commission of child abduction, unless before the commission of the offense he or she makes proper effort to prevent the commission of the offense.
    (b) Sentence. A person who violates this Section commits a Class 4 felony.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/10-8

    (720 ILCS 5/10-8) (from Ch. 38, par. 10-8)
    Sec. 10-8. Unlawful sale of a public conveyance travel ticket to a minor. (a) A person commits the offense of unlawful sale of a public conveyance travel ticket to a minor when the person sells a ticket for travel on any public conveyance to an unemancipated minor under 17 years of age without the consent of the minor's parents or guardian for passage to a destination outside this state and knows the minor's age or fails to take reasonable measures to ascertain the minor's age.
    (b) Evidence. The fact that the defendant demanded, was shown, and reasonably relied upon written evidence of a person's age in any transaction forbidden by this Section is competent evidence, and may be considered in any criminal prosecution for a violation of this Section.
    (c) Definition. "Public Conveyance", includes an airplane, boat, bus, railroad, train, taxicab or other vehicle used for the transportation of passengers for hire.
    (d) Sentence. Unlawful sale of a public conveyance travel ticket to a minor is a Class C misdemeanor.
(Source: P.A. 86-336.)

720 ILCS 5/10-8.1

    (720 ILCS 5/10-8.1)
    Sec. 10-8.1. Unlawful sending of a public conveyance travel ticket to a minor.
    (a) In this Section, "public conveyance" has the meaning ascribed to it in Section 10-8 of this Code.
    (b) A person commits the offense of unlawful sending of a public conveyance travel ticket to a minor when the person without the consent of the minor's parent or guardian:
        (1) knowingly sends, causes to be sent, or purchases
    
a public conveyance travel ticket to any location for a person known by the offender to be an unemancipated minor under 17 years of age or a person he or she believes to be a minor under 17 years of age, other than for a lawful purpose under Illinois law; or
        (2) knowingly arranges for travel to any location on
    
any public conveyance for a person known by the offender to be an unemancipated minor under 17 years of age or a person he or she believes to be a minor under 17 years of age, other than for a lawful purpose under Illinois law.
    (b-5) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.
    (c) Sentence. Unlawful sending of a public conveyance travel ticket to a minor is a Class A misdemeanor. A person who commits unlawful sending of a public conveyance travel ticket to a minor who believes that he or she is at least 5 years older than the minor is guilty of a Class 4 felony.
(Source: P.A. 95-983, eff. 6-1-09.)

720 ILCS 5/10-9

    (720 ILCS 5/10-9)
    Sec. 10-9. Trafficking in persons, involuntary servitude, and related offenses.
    (a) Definitions. In this Section:
        (1) "Intimidation" has the meaning prescribed in
    
Section 12-6.
        (2) "Commercial sexual activity" means any sex act on
    
account of which anything of value is given, promised to, or received by any person.
        (3) "Financial harm" includes intimidation that
    
brings about financial loss, criminal usury, or employment contracts that violate the Frauds Act.
        (4) (Blank). "
        (5) "Labor" means work of economic or financial value.
        (6) "Maintain" means, in relation to labor or
    
services, to secure continued performance thereof, regardless of any initial agreement on the part of the victim to perform that type of service.
        (7) "Obtain" means, in relation to labor or services,
    
to secure performance thereof.
        (7.5) "Serious harm" means any harm, whether physical
    
or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm.
        (8) "Services" means activities resulting from a
    
relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor. Commercial sexual activity and sexually-explicit performances are forms of activities that are "services" under this Section. Nothing in this definition may be construed to legitimize or legalize prostitution.
        (9) "Sexually-explicit performance" means a live,
    
recorded, broadcast (including over the Internet), or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons.
        (10) "Trafficking victim" means a person subjected to
    
the practices set forth in subsection (b), (c), or (d).
    (b) Involuntary servitude. A person commits involuntary servitude when he or she knowingly subjects, attempts to subject, or engages in a conspiracy to subject another person to labor or services obtained or maintained through any of the following means, or any combination of these means:
        (1) causes or threatens to cause physical harm to any
    
person;
        (2) physically restrains or threatens to physically
    
restrain another person;
        (3) abuses or threatens to abuse the law or legal
    
process;
        (4) knowingly destroys, conceals, removes,
    
confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person;
        (5) uses intimidation, or exerts financial control
    
over any person; or
        (6) uses any scheme, plan, or pattern intended to
    
cause the person to believe that, if the person did not perform the labor or services, that person or another person would suffer serious harm or physical restraint.
    Sentence. Except as otherwise provided in subsection (e) or (f), a violation of subsection (b)(1) is a Class X felony, (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
    (c) Involuntary sexual servitude of a minor. A person commits involuntary sexual servitude of a minor when he or she knowingly recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, provide, or obtain by any means, another person under 18 years of age, knowing that the minor will engage in commercial sexual activity, a sexually-explicit performance, or the production of pornography, or causes or attempts to cause a minor to engage in one or more of those activities and:
        (1) there is no overt force or threat and the minor
    
is between the ages of 17 and 18 years;
        (2) there is no overt force or threat and the minor
    
is under the age of 17 years; or
        (3) there is overt force or threat.
    Sentence. Except as otherwise provided in subsection (e) or (f), a violation of subsection (c)(1) is a Class 1 felony, (c)(2) is a Class X felony, and (c)(3) is a Class X felony.
    (d) Trafficking in persons. A person commits trafficking in persons when he or she knowingly: (1) recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, another person, intending or knowing that the person will be subjected to involuntary servitude; or (2) benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act of involuntary servitude or involuntary sexual servitude of a minor.
    Sentence. Except as otherwise provided in subsection (e) or (f), a violation of this subsection is a Class 1 felony.
    (e) Aggravating factors. A violation of this Section involving kidnapping or an attempt to kidnap, aggravated criminal sexual assault or an attempt to commit aggravated criminal sexual assault, or an attempt to commit first degree murder is a Class X felony.
    (f) Sentencing considerations.
        (1) Bodily injury. If, pursuant to a violation of
    
this Section, a victim suffered bodily injury, the defendant may be sentenced to an extended-term sentence under Section 5-8-2 of the Unified Code of Corrections. The sentencing court must take into account the time in which the victim was held in servitude, with increased penalties for cases in which the victim was held for between 180 days and one year, and increased penalties for cases in which the victim was held for more than one year.
        (2) Number of victims. In determining sentences
    
within statutory maximums, the sentencing court should take into account the number of victims, and may provide for substantially increased sentences in cases involving more than 10 victims.
    (g) Restitution. Restitution is mandatory under this Section. In addition to any other amount of loss identified, the court shall order restitution including the greater of (1) the gross income or value to the defendant of the victim's labor or services or (2) the value of the victim's labor as guaranteed under the Minimum Wage Law and overtime provisions of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, whichever is greater.
    (h) Trafficking victim services. Subject to the availability of funds, the Department of Human Services may provide or fund emergency services and assistance to individuals who are victims of one or more offenses defined in this Section.
    (i) Certification. The Attorney General, a State's Attorney, or any law enforcement official shall certify in writing to the United States Department of Justice or other federal agency, such as the United States Department of Homeland Security, that an investigation or prosecution under this Section has begun and the individual who is a likely victim of a crime described in this Section is willing to cooperate or is cooperating with the investigation to enable the individual, if eligible under federal law, to qualify for an appropriate special immigrant visa and to access available federal benefits. Cooperation with law enforcement shall not be required of victims of a crime described in this Section who are under 18 years of age. This certification shall be made available to the victim and his or her designated legal representative.
    (j) A person who commits involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons under subsection (b), (c), or (d) of this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-897, eff. 1-1-13.)

720 ILCS 5/10-10

    (720 ILCS 5/10-10)
    Sec. 10-10. Failure to report the death or disappearance of a child under 13 years of age.
    (a) A parent, legal guardian, or caretaker of a child under 13 years of age commits failure to report the death or disappearance of a child under 13 years of age when he or she knows or should know and fails to report the child as missing or deceased to a law enforcement agency within 24 hours if the parent, legal guardian, or caretaker reasonably believes that the child is missing or deceased. In the case of a child under the age of 2 years, the reporting requirement is reduced to no more than one hour.
    (b) A parent, legal guardian, or caretaker of a child under 13 years of age must report the death of the child to the law enforcement agency of the county where the child's corpse was found if the parent, legal guardian, or caretaker reasonably believes that the death of the child was caused by a homicide, accident, or other suspicious circumstance.
    (c) The Department of Children and Family Services Guardianship Administrator shall not personally be subject to the reporting requirements in subsection (a) or (b) of this Section.
    (d) A parent, legal guardian, or caretaker does not commit the offense of failure to report the death or disappearance of a child under 13 years of age when:
        (1) the failure to report is due to an act of God,
    
act of war, or inability of a law enforcement agency to receive a report of the disappearance of a child;
        (2) the parent, legal guardian, or caretaker calls
    
911 to report the disappearance of the child;
        (3) the parent, legal guardian, or caretaker knows
    
that the child is under the care of another parent, family member, relative, friend, or baby sitter; or
        (4) the parent, legal guardian, or caretaker is
    
hospitalized, in a coma, or is otherwise seriously physically or mentally impaired as to prevent the person from reporting the death or disappearance.
    (e) Sentence. A violation of this Section is a Class 4 felony.
(Source: P.A. 97-1079, eff. 1-1-13.)

720 ILCS 5/Art. 10A

 
    (720 ILCS 5/Art. 10A heading)
ARTICLE 10A. (Repealed)
(Source: Repealed by P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/Art. 11

 
    (720 ILCS 5/Art. 11 heading)
ARTICLE 11. SEX OFFENSES

720 ILCS 5/Art. 11 Subdiv. 1

 
    (720 ILCS 5/Art. 11 Subdiv. 1 heading)
SUBDIVISION 1. GENERAL DEFINITIONS
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-0.1

    (720 ILCS 5/11-0.1)
    Sec. 11-0.1. Definitions. In this Article, unless the context clearly requires otherwise, the following terms are defined as indicated:
    "Accused" means a person accused of an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code or a person for whose conduct the accused is legally responsible under Article 5 of this Code.
    "Adult obscenity or child pornography Internet site". See Section 11-23.
    "Advance prostitution" means:
        (1) Soliciting for a prostitute by performing any of
    
the following acts when acting other than as a prostitute or a patron of a prostitute:
            (A) Soliciting another for the purpose of
        
prostitution.
            (B) Arranging or offering to arrange a meeting of
        
persons for the purpose of prostitution.
            (C) Directing another to a place knowing the
        
direction is for the purpose of prostitution.
        (2) Keeping a place of prostitution by controlling or
    
exercising control over the use of any place that could offer seclusion or shelter for the practice of prostitution and performing any of the following acts when acting other than as a prostitute or a patron of a prostitute:
            (A) Knowingly granting or permitting the use of
        
the place for the purpose of prostitution.
            (B) Granting or permitting the use of the place
        
under circumstances from which he or she could reasonably know that the place is used or is to be used for purposes of prostitution.
            (C) Permitting the continued use of the place
        
after becoming aware of facts or circumstances from which he or she should reasonably know that the place is being used for purposes of prostitution.
    "Agency". See Section 11-9.5.
    "Arranges". See Section 11-6.5.
    "Bodily harm" means physical harm, and includes, but is not limited to, sexually transmitted disease, pregnancy, and impotence.
    "Care and custody". See Section 11-9.5.
    "Child care institution". See Section 11-9.3.
    "Child pornography". See Section 11-20.1.
    "Child sex offender". See Section 11-9.3.
    "Community agency". See Section 11-9.5.
    "Conditional release". See Section 11-9.2.
    "Consent". See Section 11-1.70.
    "Custody". See Section 11-9.2.
    "Day care center". See Section 11-9.3.
    "Depict by computer". See Section 11-20.1.
    "Depiction by computer". See Section 11-20.1.
    "Disseminate". See Section 11-20.1.
    "Distribute". See Section 11-21.
    "Family member" means a parent, grandparent, child, aunt, uncle, great-aunt, or great-uncle, whether by whole blood, half-blood, or adoption, and includes a step-grandparent, step-parent, or step-child. "Family member" also means, if the victim is a child under 18 years of age, an accused who has resided in the household with the child continuously for at least 6 months.
    "Force or threat of force" means the use of force or violence or the threat of force or violence, including, but not limited to, the following situations:
        (1) when the accused threatens to use force or
    
violence on the victim or on any other person, and the victim under the circumstances reasonably believes that the accused has the ability to execute that threat; or
        (2) when the accused overcomes the victim by use of
    
superior strength or size, physical restraint, or physical confinement.
    "Harmful to minors". See Section 11-21.
    "Loiter". See Section 9.3.
    "Material". See Section 11-21.
    "Minor". See Section 11-21.
    "Nudity". See Section 11-21.
    "Obscene". See Section 11-20.
    "Part day child care facility". See Section 11-9.3.
    "Penal system". See Section 11-9.2.
    "Person responsible for the child's welfare". See Section 11-9.1A.
    "Person with a disability". See Section 11-9.5.
    "Playground". See Section 11-9.3.
    "Probation officer". See Section 11-9.2.
    "Produce". See Section 11-20.1.
    "Profit from prostitution" means, when acting other than as a prostitute, to receive anything of value for personally rendered prostitution services or to receive anything of value from a prostitute, if the thing received is not for lawful consideration and the person knows it was earned in whole or in part from the practice of prostitution.
    "Public park". See Section 11-9.3.
    "Public place". See Section 11-30.
    "Reproduce". See Section 11-20.1.
    "Sado-masochistic abuse". See Section 11-21.
    "School". See Section 11-9.3.
    "School official". See Section 11-9.3.
    "Sexual abuse". See Section 11-9.1A.
    "Sexual act". See Section 11-9.1.
    "Sexual conduct" means any knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus, or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.
    "Sexual excitement". See Section 11-21.
    "Sexual penetration" means any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.
    "Solicit". See Section 11-6.
    "State-operated facility". See Section 11-9.5.
    "Supervising officer". See Section 11-9.2.
    "Surveillance agent". See Section 11-9.2.
    "Treatment and detention facility". See Section 11-9.2.
    "Victim" means a person alleging to have been subjected to an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 11 Subdiv. 5

 
    (720 ILCS 5/Art. 11 Subdiv. 5 heading)
SUBDIVISION 5. MAJOR SEX OFFENSES
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-1.10

    (720 ILCS 5/11-1.10) (was 720 ILCS 5/12-18)
    Sec. 11-1.10. General provisions concerning offenses described in Sections 11-1.20 through 11-1.60.
    (a) No person accused of violating Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code shall be presumed to be incapable of committing an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code because of age, physical condition or relationship to the victim. Nothing in this Section shall be construed to modify or abrogate the affirmative defense of infancy under Section 6-1 of this Code or the provisions of Section 5-805 of the Juvenile Court Act of 1987.
    (b) Any medical examination or procedure which is conducted by a physician, nurse, medical or hospital personnel, parent, or caretaker for purposes and in a manner consistent with reasonable medical standards is not an offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
    (c) (Blank).
    (d) (Blank).
    (e) The prosecuting State's Attorney shall seek an order from the court to compel the accused to be tested for any sexually transmissible disease, including a test for infection with human immunodeficiency virus (HIV), within 48 hours:
        (1) after a finding at a preliminary hearing that
    
there is probable cause to believe that an accused has committed a violation of Section 11-1.20, 11-1.30, or 11-1.40 of this Code, or
        (2) after an indictment is returned charging an
    
accused with a violation of Section 11-1.20, 11-1.30, or 11-1.40 of this Code, or
        (3) after a finding that a defendant charged with a
    
violation of Section 11-1.20, 11-1.30, or 11-1.40 of this Code is unfit to stand trial pursuant to Section 104-16 of the Code of Criminal Procedure of 1963 where the finding is made prior to the preliminary hearing, or
        (4) after the request of the victim of the violation
    
of Section 11-1.20, 11-1.30, or 11-1.40.
The medical tests shall be performed only by appropriately licensed medical practitioners. The testing shall consist of a test approved by the Illinois Department of Public Health to determine the presence of HIV infection, based upon recommendations of the United States Centers for Disease Control and Prevention; in the event of a positive result, a reliable supplemental test based upon recommendations of the United States Centers for Disease Control and Prevention shall be administered. The results of the tests and any follow-up tests shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the victim, to the defendant, to the State's Attorney, and to the judge who entered the order, for the judge's inspection in camera. The judge shall provide to the victim a referral to the Illinois Department of Public Health HIV/AIDS toll-free hotline for counseling and information in connection with the test result. Acting in accordance with the best interests of the victim and the public, the judge shall have the discretion to determine to whom, if anyone, the result of the testing may be revealed; however, in no case shall the identity of the victim be disclosed. The court shall order that the cost of the tests shall be paid by the county, and shall be taxed as costs against the accused if convicted.
    (f) Whenever any law enforcement officer has reasonable cause to believe that a person has been delivered a controlled substance without his or her consent, the law enforcement officer shall advise the victim about seeking medical treatment and preserving evidence.
    (g) Every hospital providing emergency hospital services to an alleged sexual assault survivor, when there is reasonable cause to believe that a person has been delivered a controlled substance without his or her consent, shall designate personnel to provide:
        (1) An explanation to the victim about the nature and
    
effects of commonly used controlled substances and how such controlled substances are administered.
        (2) An offer to the victim of testing for the
    
presence of such controlled substances.
        (3) A disclosure to the victim that all controlled
    
substances or alcohol ingested by the victim will be disclosed by the test.
        (4) A statement that the test is completely voluntary.
        (5) A form for written authorization for sample
    
analysis of all controlled substances and alcohol ingested by the victim.
    A physician licensed to practice medicine in all its branches may agree to be a designated person under this subsection.
    No sample analysis may be performed unless the victim returns a signed written authorization within 30 days after the sample was collected.
    Any medical treatment or care under this subsection shall be only in accordance with the order of a physician licensed to practice medicine in all of its branches. Any testing under this subsection shall be only in accordance with the order of a licensed individual authorized to order the testing.
(Source: P.A. 97-1109, eff. 1-1-13; 98-761, eff. 7-16-14.)

720 ILCS 5/11-1.20

    (720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)
    Sec. 11-1.20. Criminal Sexual Assault.
    (a) A person commits criminal sexual assault if that person commits an act of sexual penetration and:
        (1) uses force or threat of force;
        (2) knows that the victim is unable to understand the
    
nature of the act or is unable to give knowing consent;
        (3) is a family member of the victim, and the victim
    
is under 18 years of age; or
        (4) is 17 years of age or over and holds a position
    
of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age.
    (b) Sentence.
        (1) Criminal sexual assault is a Class 1 felony,
    
except that:
            (A) A person who is convicted of the offense of
        
criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of criminal sexual assault or the offense of exploitation of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault or to the offense of exploitation of a child, commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 30 years and not more than 60 years. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (A) to apply.
            (B) A person who is convicted of the offense of
        
criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (B) to apply.
            (C) A second or subsequent conviction for a
        
violation of paragraph (a)(3) or (a)(4) or under any similar statute of this State or any other state for any offense involving criminal sexual assault that is substantially equivalent to or more serious than the sexual assault prohibited under paragraph (a)(3) or (a)(4) is a Class X felony.
(Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11.)

720 ILCS 5/11-1.30

    (720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
    Sec. 11-1.30. Aggravated Criminal Sexual Assault.
    (a) A person commits aggravated criminal sexual assault if that person commits criminal sexual assault and any of the following aggravating circumstances exist during the commission of the offense or, for purposes of paragraph (7), occur 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, other than a firearm, 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;
        (2) the person causes bodily harm to the victim,
    
except as provided in paragraph (10);
        (3) the person acts in a manner that threatens or
    
endangers the life of the victim or any other person;
        (4) the person commits the criminal sexual assault
    
during the course of committing or attempting to commit any other felony;
        (5) the victim is 60 years of age or older;
        (6) the victim is a physically handicapped person;
        (7) the person delivers (by injection, inhalation,
    
ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception for other than medical purposes;
        (8) the person is armed with a firearm;
        (9) the person personally discharges a firearm during
    
the commission of the offense; or
        (10) the person personally discharges a firearm
    
during the commission of the offense, and that discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
    (b) A person commits aggravated criminal sexual assault if that person is under 17 years of age and: (i) commits an act of sexual penetration with a victim who is under 9 years of age; or (ii) commits an act of sexual penetration with a victim who is at least 9 years of age but under 13 years of age and the person uses force or threat of force to commit the act.
    (c) A person commits aggravated criminal sexual assault if that person commits an act of sexual penetration with a victim who is a severely or profoundly intellectually disabled person.
    (d) Sentence.
        (1) Aggravated criminal sexual assault in violation
    
of paragraph (2), (3), (4), (5), (6), or (7) of subsection (a) or in violation of subsection (b) or (c) is a Class X felony. A violation of subsection (a)(1) is a Class X felony for which 10 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(8) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(9) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(10) is a Class X felony for which 25 years or up to a term of natural life imprisonment shall be added to the term of imprisonment imposed by the court.
        (2) A person who is convicted of a second or
    
subsequent offense of aggravated criminal sexual assault, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted of the offense of criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted under the laws of this or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault, the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13.)

720 ILCS 5/11-1.40

    (720 ILCS 5/11-1.40) (was 720 ILCS 5/12-14.1)
    Sec. 11-1.40. Predatory criminal sexual assault of a child.
    (a) A person commits predatory criminal sexual assault of a child if that person commits an act of sexual penetration or an act of contact, however slight between the sex organ or anus of one person and the part of the body of another, and the accused is 17 years of age or older, and:
        (1) the victim is under 13 years of age; or
        (2) the victim is under 13 years of age and that
    
person:
            (A) is armed with a firearm;
            (B) personally discharges a firearm during the
        
commission of the offense;
            (C) causes great bodily harm to the victim that:
                (i) results in permanent disability; or
                (ii) is life threatening; or
            (D) delivers (by injection, inhalation,
        
ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception, for other than medical purposes.
    (b) Sentence.
        (1) A person convicted of a violation of subsection
    
(a)(1) commits a Class X felony, for which the person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years. A person convicted of a violation of subsection (a)(2)(A) commits a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A person convicted of a violation of subsection (a)(2)(B) commits a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A person convicted of a violation of subsection (a)(2)(C) commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 50 years or up to a term of natural life imprisonment.
        (1.1) A person convicted of a violation of subsection
    
(a)(2)(D) commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 50 years and not more than 60 years.
        (1.2) A person convicted of predatory criminal sexual
    
assault of a child committed against 2 or more persons regardless of whether the offenses occurred as the result of the same act or of several related or unrelated acts shall be sentenced to a term of natural life imprisonment.
        (2) A person who is convicted of a second or
    
subsequent offense of predatory criminal sexual assault of a child, or who is convicted of the offense of predatory criminal sexual assault of a child after having previously been convicted of the offense of criminal sexual assault or the offense of aggravated criminal sexual assault, or who is convicted of the offense of predatory criminal sexual assault of a child after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of predatory criminal sexual assault of a child, the offense of aggravated criminal sexual assault or the offense of criminal sexual assault, shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply.
(Source: P.A. 98-370, eff. 1-1-14.)

720 ILCS 5/11-1.50

    (720 ILCS 5/11-1.50) (was 720 ILCS 5/12-15)
    Sec. 11-1.50. Criminal sexual abuse.
    (a) A person commits criminal sexual abuse if that person:
        (1) commits an act of sexual conduct by the use of
    
force or threat of force; or
        (2) commits an act of sexual conduct and knows that
    
the victim is unable to understand the nature of the act or is unable to give knowing consent.
    (b) A person commits criminal sexual abuse if that person is under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who is at least 9 years of age but under 17 years of age.
    (c) A person commits 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 less than 5 years older than the victim.
    (d) Sentence. Criminal sexual abuse for a violation of subsection (b) or (c) of this Section is a Class A misdemeanor. Criminal sexual abuse for a violation of paragraph (1) or (2) of subsection (a) of this Section is a Class 4 felony. A second or subsequent conviction for a violation of subsection (a) of this Section is a Class 2 felony. For purposes of this Section it is a second or subsequent conviction if the accused has at any time been convicted under this Section or under any similar statute of this State or any other state for any offense involving sexual abuse or sexual assault that is substantially equivalent to or more serious than the sexual abuse prohibited under this Section.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-1.60

    (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;
        (2) the person causes bodily harm to the victim;
        (3) the victim is 60 years of age or older;
        (4) the victim is a physically handicapped person;
        (5) the person acts in a manner that threatens or
    
endangers the life of the victim or any other person;
        (6) the person commits the criminal sexual abuse
    
during the course of committing or attempting to commit any other felony; or
        (7) the person delivers (by injection, inhalation,
    
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.
    (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)
    
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
        (2) that person is under 17 years of age and: (i)
    
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.
    (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 severely or profoundly intellectually disabled person.
    (f) A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is at least 13 years of age 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 is a Class 2 felony.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13.)

720 ILCS 5/11-1.70

    (720 ILCS 5/11-1.70) (was 720 ILCS 5/12-17)
    Sec. 11-1.70. Defenses with respect to offenses described in Sections 11-1.20 through 11-1.60.
    (a) It shall be a defense to any offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code where force or threat of force is an element of the offense that the victim consented. "Consent" means a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent.
    (b) It shall be a defense under subsection (b) and subsection (c) of Section 11-1.50 and subsection (d) of Section 11-1.60 of this Code that the accused reasonably believed the person to be 17 years of age or over.
    (c) A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-1.80

    (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
    
medical costs;
        (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
    
subsection (b) of Section 11-20 of this Code;
        (2) "wholesale distributor" means any individual,
    
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;
        (3) "producer" means any individual, partnership,
    
corporation, association, or other legal entity which finances or supervises, to any extent, the production or making of obscene material;
        (4) "manufacturer" means any individual, partnership,
    
corporation, association, or other legal entity which manufacturers, assembles or produces obscene material.
(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.)

720 ILCS 5/11-6

    (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.
        "Child" means a person under 17 years of age.
        "Internet" has the meaning set forth in Section
    
16-0.1 of this Code.
        "Sexual penetration" or "sexual conduct" are defined
    
in Section 11-0.1 of this Code.
    (c) Sentence. Indecent solicitation of a child under subsection (a) is:
        (1) a Class 1 felony when the act, if done, would be
    
predatory criminal sexual assault of a child or aggravated criminal sexual assault;
        (2) a Class 2 felony when the act, if done, would be
    
criminal sexual assault;
        (3) a Class 3 felony when the act, if done, would be
    
aggravated criminal sexual abuse.
    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.)

720 ILCS 5/11-6.5

    (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:
            (i) Under the age of 13 years; or
            (ii) Thirteen years of age or over but under the
        
age of 17 years; or
        (2) Arranges for a person 17 years of age or over to
    
commit an act of sexual conduct as defined in Section 11-0.1 with a person:
            (i) Under the age of 13 years; or
            (ii) Thirteen years of age or older but under the
        
age of 17 years.
    (b) Sentence.
        (1) Violation of paragraph (a)(1)(i) is a Class X
    
felony.
        (2) Violation of paragraph (a)(1)(ii) is a Class 1
    
felony.
        (3) Violation of paragraph (a)(2)(i) is a Class 2
    
felony.
        (4) Violation of paragraph (a)(2)(ii) is a Class A
    
misdemeanor.
    (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.)

720 ILCS 5/11-6.6

    (720 ILCS 5/11-6.6)
    Sec. 11-6.6. Solicitation to meet a child.
    (a) A person of the age of 18 or more years commits the offense of solicitation to meet a child if the person while using a computer, cellular telephone, or any other device, with the intent to meet a child or one whom he or she believes to be a child, solicits, entices, induces, or arranges with the child to meet at a location without the knowledge of the child's parent or guardian and the meeting with the child is arranged for a purpose other than a lawful purpose under Illinois law.
    (b) Sentence. Solicitation to meet a child is a Class A misdemeanor. Solicitation to meet a child is a Class 4 felony when the solicitor believes he or she is 5 or more years older than the child.
    (c) For purposes of this Section, "child" means any person under 17 years of age; and "computer" has the meaning ascribed to it in Section 16D-2 of this Code.
(Source: P.A. 95-983, eff. 6-1-09.)

720 ILCS 5/11-7

    (720 ILCS 5/11-7) (from Ch. 38, par. 11-7)
    (This Section was renumbered as Section 11-35 by P.A. 96-1551.)
    Sec. 11-7. (Renumbered).
(Source: P.A. 86-490. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-8

    (720 ILCS 5/11-8) (from Ch. 38, par. 11-8)
    (This Section was renumbered as Section 11-40 by P.A. 96-1551.)
    Sec. 11-8. (Renumbered).
(Source: P.A. 86-490. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-9

    (720 ILCS 5/11-9) (from Ch. 38, par. 11-9)
    (This Section was renumbered as Section 11-30 by P.A. 96-1551.)
    Sec. 11-9. (Renumbered).
(Source: P.A. 96-1098, eff. 1-1-11. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 11 Subdiv. 10

 
    (720 ILCS 5/Art. 11 Subdiv. 10 heading)
SUBDIVISION 10. VULNERABLE VICTIM OFFENSES
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-9.1

    (720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
    Sec. 11-9.1. Sexual exploitation of a child.
    (a) A person commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person:
        (1) engages in a sexual act; or
        (2) exposes his or her sex organs, anus or breast for
    
the purpose of sexual arousal or gratification of such person or the child or one whom he or she believes to be a child.
    (a-5) A person commits sexual exploitation of a child who knowingly entices, coerces, or persuades a child to remove the child's clothing for the purpose of sexual arousal or gratification of the person or the child, or both.
    (b) Definitions. As used in this Section:
    "Sexual act" means masturbation, sexual conduct or sexual penetration as defined in Section 11-0.1 of this Code.
    "Sex offense" means any violation of Article 11 of this Code or Section 12-5.01 of this Code.
    "Child" means a person under 17 years of age.
    "Virtual presence" means an environment that is created with software and presented to the user and or receiver via the Internet, in such a way that the user appears in front of the receiver on the computer monitor or screen or hand held portable electronic device, usually through a web camming program. "Virtual presence" includes primarily experiencing through sight or sound, or both, a video image that can be explored interactively at a personal computer or hand held communication device, or both.
    "Webcam" means a video capturing device connected to a computer or computer network that is designed to take digital photographs or live or recorded video which allows for the live transmission to an end user over the Internet.
    (c) Sentence.
        (1) Sexual exploitation of a child is a Class A
    
misdemeanor. A second or subsequent violation of this Section or a substantially similar law of another state is a Class 4 felony.
        (2) Sexual exploitation of a child is a Class 4
    
felony if the person has been previously convicted of a sex offense.
        (3) Sexual exploitation of a child is a Class 4
    
felony if the victim was under 13 years of age at the time of the commission of the offense.
        (4) Sexual exploitation of a child is a Class 4
    
felony if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds.
(Source: P.A. 96-1090, eff. 1-1-11; 96-1098, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13.)

720 ILCS 5/11-9.1A

    (720 ILCS 5/11-9.1A)
    Sec. 11-9.1A. Permitting sexual abuse of a child.
    (a) A person responsible for a child's welfare commits permitting sexual abuse of a child if the person has actual knowledge of and permits an act of sexual abuse upon the child, or permits the child to engage in prostitution as defined in Section 11-14 of this Code.
    (b) In this Section:
    "Actual knowledge" includes credible allegations made by the child.
    "Child" means a minor under the age of 17 years.
    "Person responsible for the child's welfare" means the child's parent, step-parent, legal guardian, or other person having custody of a child, who is responsible for the child's care at the time of the alleged sexual abuse.
    "Prostitution" means prostitution as defined in Section 11-14 of this Code.
    "Sexual abuse" includes criminal sexual abuse or criminal sexual assault as defined in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
    (c) This Section does not apply to a person responsible for the child's welfare who, having reason to believe that sexual abuse has occurred, makes timely and reasonable efforts to stop the sexual abuse by reporting the sexual abuse in conformance with the Abused and Neglected Child Reporting Act or by reporting the sexual abuse, or causing a report to be made, to medical or law enforcement authorities or anyone who is a mandated reporter under Section 4 of the Abused and Neglected Child Reporting Act.
    (d) Whenever a law enforcement officer has reason to believe that the child or the person responsible for the child's welfare has been abused by a family or household member as defined by the Illinois Domestic Violence Act of 1986, the officer shall immediately use all reasonable means to prevent further abuse under Section 112A-30 of the Code of Criminal Procedure of 1963.
    (e) An order of protection under Section 111-8 of the Code of Criminal Procedure of 1963 shall be sought in all cases where there is reason to believe that a child has been sexually abused by a family or household member. In considering appropriate available remedies, it shall be presumed that awarding physical care or custody to the abuser is not in the child's best interest.
    (f) A person may not be charged with the offense of permitting sexual abuse of a child under this Section until the person who committed the offense is charged with criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or prostitution.
    (g) A person convicted of permitting the sexual abuse of a child is guilty of a Class 1 felony. As a condition of any sentence of supervision, probation, conditional discharge, or mandatory supervised release, any person convicted under this Section shall be ordered to undergo child sexual abuse, domestic violence, or other appropriate counseling for a specified duration with a qualified social or mental health worker.
    (h) It is an affirmative defense to a charge of permitting sexual abuse of a child under this Section that the person responsible for the child's welfare had a reasonable apprehension that timely action to stop the abuse or prostitution would result in the imminent infliction of death, great bodily harm, permanent disfigurement, or permanent disability to that person or another in retaliation for reporting.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)