Full Text of HB3290 103rd General Assembly
HB3290 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3290 Introduced 2/17/2023, by Rep. Katie Stuart 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 | |
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Amends the Criminal Code of 2012. Provides that a person 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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing 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 | 9 | | person 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 | 7 | | that person commits criminal sexual abuse and any of the | 8 | | following aggravating circumstances exist (i) during the | 9 | | commission of the offense or (ii) for purposes of paragraph | 10 | | (7), as part of the same course of conduct as the commission of | 11 | | the 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 | 6 | | that person
commits an act of sexual conduct with a victim who | 7 | | is 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 | 22 | | that person
commits an act of sexual penetration or sexual | 23 | | conduct with a victim
who is at least 13
years of age but under | 24 | | 17 years of age and the person is at least 5 years
older than | 25 | | the victim.
| 26 | | (e) A person commits aggravated criminal sexual abuse if |
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| 1 | | that person
commits an act of sexual conduct with a victim who | 2 | | is a
person with a severe or profound intellectual disability.
| 3 | | (f) A person commits aggravated criminal sexual abuse if
| 4 | | that person commits an act of sexual conduct with a victim who | 5 | | is but under 18 years of age and
the person is 17 years of age | 6 | | or over and holds a position of trust,
authority, or | 7 | | supervision in relation to the victim.
| 8 | | (f-5) A person commits aggravated criminal sexual abuse if | 9 | | that person commits an act of sexual conduct with a victim who | 10 | | is at least 18 years of age but under 22 years of age and is a | 11 | | student attending classes at a public or nonpublic secondary | 12 | | school and the accused held or holds a position of trust, | 13 | | authority, or supervision in relation to the victim in | 14 | | connection with an educational or extracurricular program or | 15 | | activity at the time of the commission of the act, regardless | 16 | | of the location or place of the commission of the act. | 17 | | (g) Sentence. Aggravated criminal sexual abuse for a | 18 | | violation of subsection (a), (b), (c), (d) or (e) of this | 19 | | Section is a Class 2 felony. Aggravated criminal sexual abuse | 20 | | for a violation of subsection (f) or (f-5) of this Section is a | 21 | | Class 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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| 1 | | uses a computer on-line service, Internet service, local | 2 | | bulletin board service, or any other device capable of | 3 | | electronic data storage or transmission, performs an act in | 4 | | person or by conduct through a third party, or uses written | 5 | | communication to seduce, solicit, lure, or entice, or attempt | 6 | | to seduce, solicit, lure, or entice, a child, a child's | 7 | | guardian, or another person believed by the person to be a | 8 | | child or a child's guardian, to commit any sex offense as | 9 | | defined in Section 2 of the Sex Offender Registration Act, to | 10 | | distribute photographs depicting the sex organs of the child, | 11 | | or to otherwise engage in any unlawful sexual conduct with a | 12 | | child or with another person believed by the person to be a | 13 | | child. As used in this Section, "child" means (i) a person | 14 | | under 17 years of age , or (ii) a person who is at least 17 | 15 | | years of age but under 22 years of age and is a student | 16 | | attending 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 .)
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