102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5809

 

Introduced 11/16/2022, by Rep. Katie Stuart - Michelle Mussman - Fred Crespo - Terra Costa Howard, Michael Halpin, et al.

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-1.20     was 720 ILCS 5/12-13
720 ILCS 5/11-1.60  was 720 ILCS 5/12-16
720 ILCS 5/11-25

    Amends the Criminal Code of 2012. Provides that a person also commits criminal sexual assault if that person commits an act of sexual penetration and the victim is at least 18 years of age but under 22 years of age and is a student attending classes at a public or nonpublic secondary school and the accused held or holds a position of trust, authority, or supervision over the victim in connection with an educational or extracurricular program or activity at the time of the commission of the act, regardless of the location or place of the commission of the act. Provides that a person also commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is at least 18 years of age but under 22 years of age and is a student attending classes at a public or nonpublic secondary school and the accused held or holds a position of trust, authority, or supervision in relation to the victim in connection with an educational or extracurricular program or activity at the time of the commission of the act, regardless of the location or place of the commission of the act. Provides that, for purposes of the grooming statute, "child" includes a person who is at least 17 years of age but under 22 years of age and is a student attending classes at a public or nonpublic secondary school.


LRB102 29006 RLC 40908 b

 

 

A BILL FOR

 

HB5809LRB102 29006 RLC 40908 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 11-1.20, 11-1.60, and 11-25 as follows:
 
6    (720 ILCS 5/11-1.20)   (was 720 ILCS 5/12-13)
7    Sec. 11-1.20. Criminal sexual assault.
8    (a) A person commits criminal sexual assault if that
9person commits an act of sexual penetration and:
10        (1) uses force or threat of force;
11        (2) knows that the victim is unable to understand the
12    nature of the act or is unable to give knowing consent;
13        (3) is a family member of the victim, and the victim is
14    under 18 years of age; or
15        (4) is 17 years of age or over and holds a position of
16    trust, authority, or supervision in relation to the
17    victim, and the victim is at least 13 years of age but
18    under 18 years of age; or
19        (5) the victim is at least 18 years of age but under 22
20    years of age and is a student attending classes at a public
21    or nonpublic secondary school and the accused held or
22    holds a position of trust, authority, or supervision over
23    the victim in connection with an educational or

 

 

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

 

 

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1            (B) A person who has attained the age of 18 years
2        at the time of the commission of the offense and who is
3        convicted of the offense of criminal sexual assault as
4        defined in paragraph (a)(1) or (a)(2) after having
5        previously been convicted of the offense of aggravated
6        criminal sexual assault or the offense of predatory
7        criminal sexual assault of a child, or who is
8        convicted of the offense of criminal sexual assault as
9        defined in paragraph (a)(1) or (a)(2) after having
10        previously been convicted under the laws of this State
11        or any other state of an offense that is substantially
12        equivalent to the offense of aggravated criminal
13        sexual assault or the offense of predatory criminal
14        sexual assault of a child shall be sentenced to a term
15        of natural life imprisonment. The commission of the
16        second or subsequent offense is required to have been
17        after the initial conviction for this paragraph (B) to
18        apply. An offender under the age of 18 years at the
19        time of the commission of the offense covered by this
20        subparagraph (B) shall be sentenced under Section
21        5-4.5-105 of the Unified Code of Corrections.
22            (C) A second or subsequent conviction for a
23        violation of paragraph (a)(3) or (a)(4) or under any
24        similar statute of this State or any other state for
25        any offense involving criminal sexual assault that is
26        substantially equivalent to or more serious than the

 

 

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1        sexual assault prohibited under paragraph (a)(3) or
2        (a)(4) is a Class X felony.
3(Source: P.A. 99-69, eff. 1-1-16.)
 
4    (720 ILCS 5/11-1.60)  (was 720 ILCS 5/12-16)
5    Sec. 11-1.60. Aggravated criminal sexual abuse.
6    (a) A person commits aggravated criminal sexual abuse if
7that person commits criminal sexual abuse and any of the
8following aggravating circumstances exist (i) during the
9commission of the offense or (ii) for purposes of paragraph
10(7), as part of the same course of conduct as the commission of
11the offense:
12        (1) the person displays, threatens to use, or uses a
13    dangerous weapon or any other object fashioned or used in
14    a manner that leads the victim, under the circumstances,
15    reasonably to believe that the object is a dangerous
16    weapon;
17        (2) the person causes bodily harm to the victim;
18        (3) the victim is 60 years of age or older;
19        (4) the victim is a person with a physical disability;
20        (5) the person acts in a manner that threatens or
21    endangers the life of the victim or any other person;
22        (6) the person commits the criminal sexual abuse
23    during the course of committing or attempting to commit
24    any other felony; or
25        (7) the person delivers (by injection, inhalation,

 

 

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1    ingestion, transfer of possession, or any other means) any
2    controlled substance to the victim for other than medical
3    purposes without the victim's consent or by threat or
4    deception.
5    (b) A person commits aggravated criminal sexual abuse if
6that person commits an act of sexual conduct with a victim who
7is under 18 years of age and the person is a family member.
8    (c) A person commits aggravated criminal sexual abuse if:
9        (1) that person is 17 years of age or over and: (i)
10    commits an act of sexual conduct with a victim who is under
11    13 years of age; or (ii) commits an act of sexual conduct
12    with a victim who is at least 13 years of age but under 17
13    years of age and the person uses force or threat of force
14    to commit the act; or
15        (2) that person is under 17 years of age and: (i)
16    commits an act of sexual conduct with a victim who is under
17    9 years of age; or (ii) commits an act of sexual conduct
18    with a victim who is at least 9 years of age but under 17
19    years of age and the person uses force or threat of force
20    to commit the act.
21    (d) A person commits aggravated criminal sexual abuse if
22that person commits an act of sexual penetration or sexual
23conduct with a victim who is at least 13 years of age but under
2417 years of age and the person is at least 5 years older than
25the victim.
26    (e) A person commits aggravated criminal sexual abuse if

 

 

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1that person commits an act of sexual conduct with a victim who
2is a person with a severe or profound intellectual disability.
3    (f) A person commits aggravated criminal sexual abuse if
4that person commits an act of sexual conduct with a victim who
5is but under 18 years of age and the person is 17 years of age
6or over and holds a position of trust, authority, or
7supervision in relation to the victim.
8    (f-5) A person commits aggravated criminal sexual abuse if
9that person commits an act of sexual conduct with a victim who
10is at least 18 years of age but under 22 years of age and is a
11student attending classes at a public or nonpublic secondary
12school and the accused held or holds a position of trust,
13authority, or supervision in relation to the victim in
14connection with an educational or extracurricular program or
15activity at the time of the commission of the act, regardless
16of the location or place of the commission of the act.
17    (g) Sentence. Aggravated criminal sexual abuse for a
18violation of subsection (a), (b), (c), (d) or (e) of this
19Section is a Class 2 felony. Aggravated criminal sexual abuse
20for a violation of subsection (f) or (f-5) of this Section is a
21Class 1 felony.
22(Source: P.A. 102-567, eff. 1-1-22.)
 
23    (720 ILCS 5/11-25)
24    Sec. 11-25. Grooming.
25    (a) A person commits grooming when he or she knowingly

 

 

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1uses a computer on-line service, Internet service, local
2bulletin board service, or any other device capable of
3electronic data storage or transmission, performs an act in
4person or by conduct through a third party, or uses written
5communication to seduce, solicit, lure, or entice, or attempt
6to seduce, solicit, lure, or entice, a child, a child's
7guardian, or another person believed by the person to be a
8child or a child's guardian, to commit any sex offense as
9defined in Section 2 of the Sex Offender Registration Act, to
10distribute photographs depicting the sex organs of the child,
11or to otherwise engage in any unlawful sexual conduct with a
12child or with another person believed by the person to be a
13child. As used in this Section, "child" means (i) a person
14under 17 years of age, or (ii) a person who is at least 17
15years of age but under 22 years of age and is a student
16attending classes at a public or nonpublic secondary school.
17    (b) Sentence. Grooming is a Class 4 felony.
18(Source: P.A. 102-676, eff. 6-1-22.)