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90_HB3038
720 ILCS 5/12-15 from Ch. 38, par. 12-15
Amends the Criminal Code of 1961. Increases the penalty
for criminal sexual abuse when the accused uses force or
threat of force or when the accused knew that the victim was
unable to understand the nature of the act or was unable to
give knowing consent from a Class A misdemeanor to a Class 4
felony.
LRB9010286RCks
LRB9010286RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-15.
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 12-15 as follows:
7 (720 ILCS 5/12-15) (from Ch. 38, par. 12-15)
8 Sec. 12-15. Criminal Sexual Abuse.
9 (a) The accused commits criminal sexual abuse if he or
10 she:
11 (1) commits an act of sexual conduct by the use of
12 force or threat of force; or
13 (2) commits an act of sexual conduct and the
14 accused knew that the victim was unable to understand the
15 nature of the act or was unable to give knowing consent.
16 (b) The accused commits criminal sexual abuse if
17 the accused was under 17 years of age and commits an
18 act of sexual penetration or sexual conduct with a victim who
19 was at least 9 years of age but under 17 years of age when
20 the act was committed.
21 (c) The accused commits criminal sexual abuse if he or
22 she commits an act of sexual penetration or sexual conduct
23 with a victim who was at least 13 years of age but under 17
24 years of age and the accused was less than 5 years older than
25 the victim.
26 (d) Sentence. Criminal sexual abuse for a violation of
27 subsection (b) or (c) of this Section is a Class A
28 misdemeanor. Criminal sexual abuse for a violation of
29 paragraph (1) or (2) of subsection (a) of this Section is a
30 Class 4 felony. A second or subsequent conviction for a
31 violation of subsection (a) of this Section is a Class 2
-2- LRB9010286RCks
1 felony. For purposes of this Section it is a second or
2 subsequent conviction if the accused has at any time been
3 convicted under this Section or under any similar statute of
4 this State or any other state for any offense involving
5 sexual abuse or sexual assault that is substantially
6 equivalent to or more serious than the sexual abuse
7 prohibited under this Section.
8 (Source: P.A. 85-651.)