State of Illinois
91st General Assembly
Legislation

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91_HB2360

 
                                               LRB9105267RCks

 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  the
17    accused  was  under  17  years  of  age and commits an act of
18    sexual penetration or sexual conduct with a victim who was at
19    least 9 years of age but under 17 years of age when  the  act
20    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
 
                            -2-                LRB9105267RCks
 1    violation  of  subsection  (a)  of  this Section is a Class 2
 2    felony.  For purposes of this  Section  it  is  a  second  or
 3    subsequent  conviction  if  the  accused has at any time been
 4    convicted under this Section or under any similar statute  of
 5    this  State  or  any  other  state  for any offense involving
 6    sexual  abuse  or  sexual  assault  that   is   substantially
 7    equivalent   to   or  more  serious  than  the  sexual  abuse
 8    prohibited under this Section.
 9    (Source: P.A. 85-651.)

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