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90_HB3780
720 ILCS 5/12-12 from Ch. 38, par. 12-12
Amends the Criminal Code of 1961. Provides that for
purposes of certain sexual offenses "sexual conduct" also
means the intentional or knowing touching or fondling by the
victim under 13 years of age, either directly or through
clothing, of any part of the body of the accused, who is 17
years of age or older, for the purposes of sexual
gratification of the accused. Effective immediately.
LRB9008951RCmg
LRB9008951RCmg
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-12.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 12-12 as follows:
7 (720 ILCS 5/12-12) (from Ch. 38, par. 12-12)
8 Sec. 12-12. Definitions. For the purposes of Sections
9 12-13 through 12-18 of this Code, the terms used in these
10 Sections shall have the following meanings ascribed to them:
11 (a) "Accused" means a person accused of an offense
12 prohibited by Sections 12-13, 12-14, 12-15 or 12-16 of this
13 Code or a person for whose conduct the accused is legally
14 responsible under Article 5 of this Code.
15 (b) "Bodily harm" means physical harm, and includes, but
16 is not limited to, sexually transmitted disease, pregnancy
17 and impotence.
18 (c) "Family member" means a parent, grandparent, or
19 child, whether by whole blood, half-blood or adoption and
20 includes a step-grandparent, step-parent or step-child.
21 "Family member" also means, where the victim is a child under
22 18 years of age, an accused who has resided in the household
23 with such child continuously for at least one year.
24 (d) "Force or threat of force" means the use of force or
25 violence, or the threat of force or violence, including but
26 not limited to the following situations:
27 (1) when the accused threatens to use force or
28 violence on the victim or on any other person, and the
29 victim under the circumstances reasonably believed that
30 the accused had the ability to execute that threat; or
31 (2) when the accused has overcome the victim by use
-2- LRB9008951RCmg
1 of superior strength or size, physical restraint or
2 physical confinement.
3 (e) "Sexual conduct" means any intentional or knowing
4 touching or fondling by the victim or the accused, either
5 directly or through clothing, of the sex organs, anus or
6 breast of the victim or the accused, or any part of the body
7 of a child under 13 years of age, for the purpose of sexual
8 gratification or arousal of the victim or the accused.
9 "Sexual conduct" also means the intentional or knowing
10 touching or fondling by the victim under 13 years of age,
11 either directly or through clothing, of any part of the body
12 of the accused, who is 17 years of age or older, for the
13 purpose of sexual gratification or arousal of the accused.
14 (f) "Sexual penetration" means any contact, however
15 slight, between the sex organ or anus of one person by an
16 object, the sex organ, mouth or anus of another person, or
17 any intrusion, however slight, of any part of the body of one
18 person or of any animal or object into the sex organ or anus
19 of another person, including but not limited to cunnilingus,
20 fellatio or anal penetration. Evidence of emission of semen
21 is not required to prove sexual penetration.
22 (g) "Victim" means a person alleging to have been
23 subjected to an offense prohibited by Sections 12-13, 12-14,
24 12-15 or 12-16 of this Code.
25 (Source: P.A. 88-167.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.