HB4306 103RD GENERAL ASSEMBLY

LRB103 35641 RLC 65716 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4306

Introduced 1/16/2024, by Rep. Paul Jacobs

SYNOPSIS AS INTRODUCED:

720 ILCS 5/11-1.70

was 720 ILCS 5/12-17

Amends the Criminal Code of 2012. In regards to the offenses of criminal sexual abuse and aggravated criminal sexual abuse involving victims under 17 years of age, provides that the following factors do not serve independently as a defense: (1) a statement by the victim that he or she is 17 years of age or over; (2) the presence of the victim on a social media platform that requires participants to be 17 years of age or over; or (3) attendance of the victim in an educational activity such as a high school trade program or community college class that would generally be attended only by someone 17 years of age or over.

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 2012 is amended by changing Section 11-1.70 as follows:

(720 ILCS 5/11-1.70) (was 720 ILCS 5/12-17)

Sec. 11-1.70. Defenses with respect to offenses described in Sections 11-1.20 through 11-1.60; certain factors not an independent defense to a reasonable belief that the victim was 17 years of age or over.

(a) It shall be a defense to any offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code where force or threat of force is an element of the offense that the victim consented.

(b) It shall be a defense under subsection (b) and subsection (c) of Section 11-1.50 and subsection (d) of Section 11-1.60 of this Code that the accused reasonably believed the person to be 17 years of age or over. The following factors do not serve independently as a defense:

(1) a statement by the victim that he or she is 17 years of age or over;

(2) the presence of the victim on a social media platform that requires participants to be 17 years of age or over; or

(3) attendance of the victim in an educational activity such as a high school trade program or community college class that would generally be attended only by someone 17 years of age or over.

(c) A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.

(Source: P.A. 102-567, eff. 1-1-22.)