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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 5/11-1.50

    (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 person with a physical disability;
        (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 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 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. 99-143, eff. 7-27-15.)

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.)