State of Illinois
90th General Assembly
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90_HB2031

      720 ILCS 5/12-16          from Ch. 38, par. 12-16
          Amends the Criminal Code of 1961.  Increases from a Class
      2 to a Class 1 felony, the penalty  for  aggravated  criminal
      sexual  abuse when the defendant was at least 21 years of age
      at the time of the commission  of  the  offense,  the  victim
      became  pregnant  as a result of the violation, the defendant
      was at least 5 years older than the victim,  and  the  victim
      was at least 13 years of age but under 17 years of age.
                                                     LRB9004703RCcw
                                               LRB9004703RCcw
 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Section 12-16.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Criminal  Code  of  1961 is amended by
 6    changing Section 12-16 as follows:
 7        (720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
 8        Sec. 12-16.  Aggravated Criminal Sexual Abuse.
 9        (a)  The accused commits aggravated criminal sexual abuse
10    if he or she commits criminal  sexual  abuse  as  defined  in
11    subsection  (a)  of Section 12-15 of this Code and any of the
12    following  aggravating  circumstances  existed   during   the
13    commission of the offense:
14             (1)  the  accused  displayed,  threatened  to use or
15        used a  dangerous  weapon  or  any  object  fashioned  or
16        utilized in such a manner as to lead the victim under the
17        circumstances  reasonably to believe it to be a dangerous
18        weapon; or
19             (2)  the accused caused bodily harm to  the  victim;
20        or
21             (3)  the victim was 60 years of age or over when the
22        offense was committed; or
23             (4)  the victim was a physically handicapped person;
24        or
25             (5)  the  accused  acted  in  such  a  manner  as to
26        threaten or endanger the life of the victim or any  other
27        person; or
28             (6)  the   criminal  sexual  abuse  was  perpetrated
29        during  the  course  of  the  commission   or   attempted
30        commission of any other felony by the accused.
31        (b)  The accused commits aggravated criminal sexual abuse
                            -2-                LRB9004703RCcw
 1    if  he or she commits an act of sexual conduct  with a victim
 2    who was under 18 years of age when the act was committed  and
 3    the accused was a family member.
 4        (c)  The accused commits aggravated criminal sexual abuse
 5    if:
 6             (1)  the accused was 17 years of age or over and (i)
 7        commits  an  act  of sexual conduct with a victim who was
 8        under 13 years of age when the act was committed; or (ii)
 9        commits an act of sexual conduct with a victim who was at
10        least 13 years of age but under 17 years of age when  the
11        act was committed and the accused used force or threat of
12        force to commit the act; or
13             (2)  the  accused  was under 17 years of age and (i)
14        commits an act of sexual conduct with a  victim  who  was
15        under  9 years of age when the act was committed; or (ii)
16        commits an act of sexual conduct with a victim who was at
17        least 9 years of age but under 17 years of age  when  the
18        act was committed and the accused used force or threat of
19        force to commit the act.
20        (d)  The accused commits aggravated criminal sexual abuse
21    if  he  or she commits an act of sexual penetration or sexual
22    conduct with a victim who was at least 13 years  of  age  but
23    under  17  years  of age and the accused was at least 5 years
24    older than the victim.
25        (e)  The accused commits aggravated criminal sexual abuse
26    if he or she commits an act of sexual conduct with  a  victim
27    who  was an institutionalized severely or profoundly mentally
28    retarded person at the time the act was committed.
29        (f)  The accused commits aggravated criminal sexual abuse
30    if he or she commits an act of sexual conduct with  a  victim
31    who  was  at  least 13 years of age but under 18 years of age
32    when the act was committed and the accused was  17  years  of
33    age  or  over  and  held  a  position  of trust, authority or
34    supervision in relation to the victim.
                            -3-                LRB9004703RCcw
 1        (g)  Sentence.  Aggravated criminal  sexual  abuse  is  a
 2    Class  2  felony.  Aggravated  criminal  sexual  abuse  under
 3    subsection  (d) of this Section when the accused was 21 years
 4    of age or older at the time of the commission of the  offense
 5    and  the  victim became pregnant as a result of the violation
 6    is a Class 1 felony.
 7    (Source: P.A. 88-99; 89-586, eff. 7-31-96.)

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