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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6895
Introduced 02/09/04, by Eileen Lyons SYNOPSIS AS INTRODUCED:
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720 ILCS 5/12-17 |
from Ch. 38, par. 12-17 |
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Amends the Criminal Code of 1961. Provides that when force or threat of
force is an element of the offense, consent is a defense to
any of the offenses of criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual assault of a
child, criminal sexual abuse, or aggravated criminal
sexual abuse only if the victim of the offense was 17 years of age or older at
the time of the commission of the offense.
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A BILL FOR
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HB6895 |
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LRB093 18799 RLC 44533 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing
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| Section 12-17 as follows:
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| (720 ILCS 5/12-17) (from Ch. 38, par. 12-17)
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| Sec. 12-17. Defenses.
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| (a) If the victim was 17 years of age or over at the time of |
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| the
commission of the offense, it shall be a defense to any |
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| offense under Section 12-13 through
12-16 of this Code where |
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| force or threat of force is an element of the
offense that the |
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| victim consented. "Consent" means a freely given
agreement to |
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| the act of sexual penetration or sexual conduct in question.
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| Lack of verbal or physical resistance or submission by the |
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| victim resulting
from the use of force or threat of force by |
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| the accused shall not
constitute consent. The manner of dress |
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| of the victim at the time of the
offense shall not constitute |
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| consent.
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| (b) It shall be a defense under subsection (b) and |
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| subsection (c) of
Section 12-15 and subsection (d) of Section |
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| 12-16 of this Code that the
accused reasonably believed the |
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| person to be 17 years of age or over.
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| (c) A person who initially consents to sexual penetration |
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| or sexual
conduct
is not deemed to have consented to any sexual |
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| penetration or sexual
conduct that occurs after he or she |
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| withdraws consent during the course of
that sexual penetration |
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| or sexual conduct.
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| (Source: P.A. 93-389, eff. 7-25-03.)
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