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Public Act 91-0389
HB2360 Enrolled LRB9105267RCks
AN ACT to amend the Criminal Code of 1961 by changing
Section 12-15.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Section 12-15 as follows:
(720 ILCS 5/12-15) (from Ch. 38, par. 12-15)
Sec. 12-15. Criminal sexual abuse.
(a) The accused commits criminal sexual abuse if he or
she:
(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 the
accused knew that the victim was unable to understand the
nature of the act or was unable to give knowing consent.
(b) The accused commits criminal sexual abuse if the
accused was under 17 years of age and commits an act of
sexual penetration or sexual conduct with a victim who was at
least 9 years of age but under 17 years of age when the act
was committed.
(c) The accused commits criminal sexual abuse if he or
she commits an act of sexual penetration or sexual conduct
with a victim who was at least 13 years of age but under 17
years of age and the accused was 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. 85-651.)
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