State of Illinois
91st General Assembly
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91_SB0405eng

 
SB405 Engrossed                                LRB9105587RCks

 1        AN ACT to amend the Criminal Code  of  1961  by  changing
 2    Section 12-12.

 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 12-12 as follows:

 7        (720 ILCS 5/12-12) (from Ch. 38, par. 12-12)
 8        Sec.  12-12.   Definitions.  For the purposes of Sections
 9    12-13 through 12-18 of this Code, the  terms  used  in  these
10    Sections shall have the following meanings ascribed to them:
11        (a)  "Accused"  means  a  person  accused  of  an offense
12    prohibited by Sections 12-13, 12-14, 12-15 or 12-16  of  this
13    Code  or  a  person  for whose conduct the accused is legally
14    responsible under Article 5 of this Code.
15        (b)  "Bodily harm" means physical harm, and includes, but
16    is not limited to, sexually  transmitted  disease,  pregnancy
17    and impotence.
18        (c)  "Family  member"  means  a  parent,  grandparent, or
19    child, whether by whole blood,  half-blood  or  adoption  and
20    includes   a  step-grandparent,  step-parent  or  step-child.
21    "Family member" also means, where the victim is a child under
22    18 years of age, an accused who has resided in the  household
23    with such child continuously for at least one year.
24        (d)  "Force or threat of force" means the use of force or
25    violence,  or  the threat of force or violence, including but
26    not limited to the following situations:
27             (1)  when the accused  threatens  to  use  force  or
28        violence  on  the  victim or on any other person, and the
29        victim under the circumstances reasonably  believed  that
30        the accused had the ability to execute that threat; or
31             (2)  when the accused has overcome the victim by use
 
SB405 Engrossed             -2-                LRB9105587RCks
 1        of  superior  strength  or  size,  physical  restraint or
 2        physical confinement.
 3        (e)  "Sexual conduct" means any  intentional  or  knowing
 4    touching  or  fondling  by  the victim or the accused, either
 5    directly or through clothing, of  the  sex  organs,  anus  or
 6    breast  of the victim or the accused, or any part of the body
 7    of a child  under  13  years  of  age,  or  any  transfer  or
 8    transmission  of  semen  by  the accused upon any part of the
 9    clothed or unclothed body of the victim, for the  purpose  of
10    sexual gratification or arousal of the victim or the accused.
11        (f)  "Sexual  penetration"  means  any  contact,  however
12    slight,  between  the  sex  organ or anus of one person by an
13    object, the sex organ, mouth or anus of  another  person,  or
14    any intrusion, however slight, of any part of the body of one
15    person  or of any animal or object into the sex organ or anus
16    of another person, including but not limited to  cunnilingus,
17    fellatio  or anal penetration.  Evidence of emission of semen
18    is not required to prove sexual penetration.
19        (g)  "Victim"  means  a  person  alleging  to  have  been
20    subjected to an offense prohibited by Sections 12-13,  12-14,
21    12-15 or 12-16 of this Code.
22    (Source: P.A. 88-167.)

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