093_HB3115eng

 
HB3115 Engrossed                     LRB093 06918 RLC 07064 b

 1        AN ACT concerning criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Criminal Code  of  1961  is  amended  by
 5    changing Section 12-17 as follows:

 6        (720 ILCS 5/12-17) (from Ch. 38, par. 12-17)
 7        Sec. 12-17.  Defenses.
 8        (a)  If  the  victim  was  17 years of age or over at the
 9    time of the commission of the offense, it shall be a  defense
10    to any offense under Section 12-13 through 12-16 of this Code
11    where  force  or threat of force is an element of the offense
12    that the victim consented.  "Consent" means  a  freely  given
13    agreement  to the act of sexual penetration or sexual conduct
14    in question.   Lack  of  verbal  or  physical  resistance  or
15    submission  by  the victim resulting from the use of force or
16    threat of force by the accused shall not constitute  consent.
17    The  manner of dress of the victim at the time of the offense
18    shall not constitute consent.
19        (b)  It shall be  a  defense  under  subsection  (b)  and
20    subsection (c) of Section 12-15 and subsection (d) of Section
21    12-16  of  this Code that the accused reasonably believed the
22    person to be 17 years of age or over.
23    (Source: P.A. 87-438; 87-457; 87-895.)