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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
| 5 | Section 12-16 as follows:
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| 6 | (720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
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| 7 | Sec. 12-16. Aggravated Criminal Sexual Abuse.
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| 8 | (a) The accused commits aggravated criminal sexual abuse if | ||||||
| 9 | he or she
commits criminal sexual abuse as defined in | ||||||
| 10 | subsection (a) of Section 12-15
of this Code and any of the | ||||||
| 11 | following aggravating
circumstances existed during, or for the | ||||||
| 12 | purposes of paragraph (7) of this
subsection (a) as part of the | ||||||
| 13 | same course of conduct as, the commission of
the
offense:
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| 14 | (1) the accused displayed, threatened to use or used a | ||||||
| 15 | dangerous weapon
or any object fashioned or utilized in | ||||||
| 16 | such a manner as to lead the victim
under the circumstances | ||||||
| 17 | reasonably to believe it to be a dangerous weapon; or
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| 18 | (2) the accused caused bodily harm to the victim; or
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| 19 | (3) the victim was 60 years of age or over when the | ||||||
| 20 | offense was committed;
or
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| 21 | (4) the victim was a physically handicapped person; or
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| 22 | (5) the accused acted in such a manner as to threaten | ||||||
| 23 | or endanger the
life of the victim or any other person; or
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| 1 | (6) the criminal sexual abuse was perpetrated during | ||||||
| 2 | the course of the
commission or attempted commission of any | ||||||
| 3 | other felony by the accused; or
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| 4 | (7) the accused delivered (by injection, inhalation, | ||||||
| 5 | ingestion, transfer
of possession, or any other means) to | ||||||
| 6 | the victim without his or her consent, or
by threat or | ||||||
| 7 | deception,
and for other than medical
purposes, any
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| 8 | controlled substance.
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| 9 | (b) The accused commits aggravated criminal sexual abuse if | ||||||
| 10 | he or she
commits an act of sexual conduct with a victim who | ||||||
| 11 | was under 18
years of age when the act was committed
and the | ||||||
| 12 | accused was a family member.
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| 13 | (c) The accused commits aggravated criminal sexual abuse | ||||||
| 14 | if:
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| 15 | (1) the accused was 17 years of age or over and (i) | ||||||
| 16 | commits an act of
sexual
conduct with a victim who was | ||||||
| 17 | under 13 years of age when the
act was committed; or
(ii) | ||||||
| 18 | commits an act of sexual conduct with a victim who was at | ||||||
| 19 | least 13
years of age but under 17 years of age when the | ||||||
| 20 | act was committed and the
accused used force or threat of | ||||||
| 21 | force to commit the act; or
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| 22 | (2) the accused was under 17 years of age and (i) | ||||||
| 23 | commits an act of
sexual conduct with a victim who was | ||||||
| 24 | under 9 years of age when the act was
committed; or (ii) | ||||||
| 25 | commits an act of sexual conduct with a victim who was
at | ||||||
| 26 | least 9 years of age but under 17 years of age when the act | ||||||
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| 1 | was
committed and the accused used force or threat of force | ||||||
| 2 | to commit the act.
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| 3 | (d) The accused commits aggravated criminal sexual abuse if | ||||||
| 4 | he or she
commits an act of sexual penetration or sexual | ||||||
| 5 | conduct with a victim
who was at least 13
years of age but | ||||||
| 6 | under 17 years of age and the accused was at least 5 years
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| 7 | older than the victim.
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| 8 | (e) The accused commits aggravated criminal sexual abuse if | ||||||
| 9 | he or she
commits an act of sexual conduct with a victim who | ||||||
| 10 | was a
severely or profoundly mentally retarded person at the | ||||||
| 11 | time the act was
committed.
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| 12 | (f) The accused commits aggravated criminal sexual abuse if
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| 13 | he or she commits an act of sexual conduct with a victim who | ||||||
| 14 | was at least
13 years of age but under 18 years of age when the | ||||||
| 15 | act was committed and
the accused was 17 years of age or over | ||||||
| 16 | and held a position of trust,
authority or supervision in | ||||||
| 17 | relation to the victim.
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| 18 | (g) Sentence. | ||||||
| 19 | (1) Aggravated criminal sexual abuse is a Class 2 felony.
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| 20 | (2) A person who is convicted of a second or subsequent | ||||||
| 21 | offense of
aggravated criminal sexual abuse, or who is | ||||||
| 22 | convicted of the offense of
aggravated
criminal sexual abuse | ||||||
| 23 | after having previously been convicted of the offense
of | ||||||
| 24 | criminal sexual abuse, or who is convicted of the offense of | ||||||
| 25 | aggravated criminal sexual
abuse after having previously been | ||||||
| 26 | convicted under the laws of this or any
other state of an | ||||||
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| 1 | offense that is substantially equivalent to the offense of
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| 2 | criminal sexual
abuse or the offense of aggravated criminal | ||||||
| 3 | sexual abuse, is guilty of a Class 1 felony.
The commission of | ||||||
| 4 | the second or subsequent offense is required to have been
after | ||||||
| 5 | the initial conviction for this paragraph (2) to apply. | ||||||
| 6 | (Source: P.A. 92-434, eff. 1-1-02.)
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| 7 | Section 99. Effective date. This Act takes effect January | ||||||
| 8 | 1, 2009.
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