102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3688
 
Introduced 2/22/2021, by Rep. Kelly M. Cassidy
 
SYNOPSIS AS INTRODUCED:
 

 
  
720 ILCS 5/11-0.1
720 ILCS 5/11-1.20     was 720 ILCS 5/12-13

     Amends the Criminal Code of 2012. Defines "coercive control". Provides that a person commits criminal sexual assault if that person commits an act of sexual penetration and uses coercive control.
  


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A BILL FOR
 

  
HB3688LRB102 16542 KMF 21937 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 2012 is amended  by 
5changing Sections 11-0.1 and 11-1.20 as follows:
 
6    (720 ILCS 5/11-0.1)
7    Sec. 11-0.1. Definitions. In this Article, unless the 
8context clearly requires otherwise, the following terms are 
9defined as indicated:
10    "Accused" means a person accused of an offense prohibited 
11by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of 
12this Code or a person for whose conduct the accused is legally 
13responsible under Article 5 of this Code.
14    "Adult obscenity or child pornography Internet site". See 
15Section 11-23.
16    "Advance prostitution" means:
17        (1) Soliciting for a prostitute by performing any of 
18    the following acts when acting other than as a prostitute 
19    or a patron of a prostitute:
20            (A) Soliciting another for the purpose of 
21        prostitution.
22            (B) Arranging or offering to arrange a meeting of 
23        persons for the purpose of prostitution.
 
 
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1            (C) Directing another to a place knowing the 
2        direction is for the purpose of prostitution.
3        (2) Keeping a place of prostitution by controlling or 
4    exercising control over the use of any place that could 
5    offer seclusion or shelter for the practice of 
6    prostitution and performing any of the following acts when 
7    acting other than as a prostitute or a patron of a 
8    prostitute:
9            (A) Knowingly granting or permitting the use of 
10        the place for the purpose of prostitution.
11            (B) Granting or permitting the use of the place 
12        under circumstances from which he or she could 
13        reasonably know that the place is used or is to be used 
14        for purposes of prostitution.
15            (C) Permitting the continued use of the place 
16        after becoming aware of facts or circumstances from 
17        which he or she should reasonably know that the place 
18        is being used for purposes of prostitution. 
19    "Agency". See Section 11-9.5.
20    "Arranges". See Section 11-6.5.
21    "Bodily harm" means physical harm, and includes, but is 
22not limited to, sexually transmitted disease, pregnancy, and 
23impotence.
24    "Care and custody". See Section 11-9.5.
25    "Child care institution". See Section 11-9.3.
26    "Child pornography". See Section 11-20.1.
 
 
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1    "Child sex offender". See Section 11-9.3.
2    "Coercive control" means a direct or implied threat of 
3danger, or retribution sufficient to coerce a reasonable 
4person of ordinary susceptibilities to perform an act which 
5otherwise would not have been performed, or acquiesce in an 
6act to which one otherwise would not have submitted. 
7    "Community agency". See Section 11-9.5.
8    "Conditional release". See Section 11-9.2.
9    "Consent". See Section 11-1.70.
10    "Custody". See Section 11-9.2.
11    "Day care center". See Section 11-9.3.
12    "Depict by computer". See Section 11-20.1.
13    "Depiction by computer". See Section 11-20.1.
14    "Disseminate". See Section 11-20.1.
15    "Distribute". See Section 11-21.
16    "Family member" means a parent, grandparent, child, aunt, 
17uncle, great-aunt, or great-uncle, whether by whole blood, 
18half-blood, or adoption, and includes a step-grandparent, 
19step-parent, or step-child. "Family member" also means, if the 
20victim is a child under 18 years of age, an accused who has 
21resided in the household with the child continuously for at 
22least 6 months.
23    "Force or threat of force" means the use of force or 
24violence or the threat of force or violence, including, but 
25not limited to, the following situations:
26        (1) when the accused threatens to use force or 
 
 
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1    violence on the victim or on any other person, and the 
2    victim under the circumstances reasonably believes that 
3    the accused has the ability to execute that threat; or
4        (2) when the accused overcomes the victim by use of 
5    superior strength or size, physical restraint, or physical 
6    confinement.
7    "Harmful to minors". See Section 11-21.
8    "Loiter". See Section 9.3. 
9    "Material". See Section 11-21.
10    "Minor". See Section 11-21.
11    "Nudity". See Section 11-21.
12    "Obscene". See Section 11-20.
13    "Part day child care facility". See Section 11-9.3.
14    "Penal system". See Section 11-9.2.
15    "Person responsible for the child's welfare". See Section 
1611-9.1A.
17    "Person with a disability". See Section 11-9.5.
18    "Playground". See Section 11-9.3.
19    "Probation officer". See Section 11-9.2.
20    "Produce". See Section 11-20.1.
21    "Profit from prostitution" means, when acting other than 
22as a prostitute, to receive anything of value for personally 
23rendered prostitution services or to receive anything of value 
24from a prostitute, if the thing received is not for lawful 
25consideration and the person knows it was earned in whole or in 
26part from the practice of prostitution. 
 
 
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1    "Public park". See Section 11-9.3.
2    "Public place". See Section 11-30.
3    "Reproduce". See Section 11-20.1.
4    "Sado-masochistic abuse". See Section 11-21.
5    "School". See Section 11-9.3. 
6    "School official". See Section 11-9.3.
7    "Sexual abuse". See Section 11-9.1A.
8    "Sexual act". See Section 11-9.1.
9    "Sexual conduct" means any knowing touching or fondling by 
10the victim or the accused, either directly or through 
11clothing, of the sex organs, anus, or breast of the victim or 
12the accused, or any part of the body of a child under 13 years 
13of age, or any transfer or transmission of semen by the accused 
14upon any part of the clothed or unclothed body of the victim, 
15for the purpose of sexual gratification or arousal of the 
16victim or the accused.
17    "Sexual excitement". See Section 11-21.
18    "Sexual penetration" means any contact, however slight, 
19between the sex organ or anus of one person and an object or 
20the sex organ, mouth, or anus of another person, or any 
21intrusion, however slight, of any part of the body of one 
22person or of any animal or object into the sex organ or anus of 
23another person, including, but not limited to, cunnilingus, 
24fellatio, or anal penetration. Evidence of emission of semen 
25is not required to prove sexual penetration.
26    "Solicit". See Section 11-6.
 
 
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1    "State-operated facility". See Section 11-9.5.
2    "Supervising officer". See Section 11-9.2.
3    "Surveillance agent". See Section 11-9.2.
4    "Treatment and detention facility". See Section 11-9.2.
5    "Victim" means a person alleging to have been subjected to 
6an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 
711-1.50, or 11-1.60 of this Code.

8(Source: P.A. 96-1551, eff. 7-1-11.)
 


9    (720 ILCS 5/11-1.20)   (was 720 ILCS 5/12-13)


10    Sec. 11-1.20. Criminal sexual assault. 

11    (a) A person commits criminal sexual assault if that 
12person commits an act of sexual penetration and:
13        (1) uses force or threat of force;
14        (2) knows that the victim is unable to understand the 
15    nature of the act or is unable to give knowing consent;
16        (3) is a family member of the victim, and the victim is 
17    under 18 years of age; or
18        (4) is 17 years of age or over and holds a position of 
19    trust, authority, or supervision in relation to the 
20    victim, and the victim is at least 13 years of age but 
21    under 18 years of age; or .
22        (5) uses coercive control. 





23    (b) Sentence.  

24        (1) Criminal sexual assault is a Class 1 felony, 
25    except that:  

 
 
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1            (A) A person who is convicted of the offense of 
2        criminal sexual assault as
defined in paragraph (a)(1) 
3        or (a)(2) after having previously been convicted of

4        the offense of criminal sexual assault or the offense 
5        of exploitation of a child, or who is convicted of the 
6        offense of
criminal sexual assault as defined in 
7        paragraph (a)(1) or (a)(2) after having
previously 
8        been convicted under the laws of this State or any 
9        other state of an
offense that is substantially 
10        equivalent to the offense of criminal sexual
assault 
11        or to the offense of exploitation of a child, commits a 
12        Class X felony for which the person shall be sentenced 
13        to a
term of imprisonment of not less than 30 years and 
14        not more than 60 years, except that if the person is 
15        under the age of 18 years at the time of the offense, 
16        he or she shall be sentenced under Section 5-4.5-105 
17        of the Unified Code of Corrections.  The
commission of 
18        the second or subsequent offense is required to have 
19        been after
the initial conviction for this paragraph 
20        (A) to apply.

21            (B) A person who has attained the age of 18 years 
22        at the time of the commission of the offense and who is 
23        convicted of the offense of criminal sexual assault as

24        defined in paragraph (a)(1) or (a)(2) after having 
25        previously been convicted of
the offense of aggravated 
26        criminal sexual assault or the offense of predatory

 
 
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1        criminal sexual assault of a child, or who is 
2        convicted of the offense of
criminal sexual assault as 
3        defined in paragraph (a)(1) or (a)(2) after having

4        previously been convicted under the laws of this State 
5        or any other state of an
offense that is substantially 
6        equivalent to the offense of aggravated criminal

7        sexual assault or the offense of predatory criminal 
8        sexual assault of a child shall be
sentenced to a term 
9        of natural life imprisonment.  The commission of the 
10        second
or subsequent offense is required to have been 
11        after the initial conviction for
this paragraph (B) to 
12        apply. An offender under the age of 18 years at the 
13        time of the commission of the offense covered by this 
14        subparagraph (B) shall be sentenced under Section 
15        5-4.5-105 of the Unified Code of Corrections. 

16            (C) A second or subsequent conviction for a 
17        violation of paragraph
(a)(3) or (a)(4) or under any 
18        similar statute of this State
or any other state for 
19        any offense involving criminal sexual assault that is

20        substantially equivalent to or more serious than the 
21        sexual assault prohibited
under paragraph (a)(3) or 
22        (a)(4) is a Class X felony. 


23(Source: P.A. 99-69, eff. 1-1-16.)