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90_SB0424
720 ILCS 5/12-12 from Ch. 38, par. 12-12
720 ILCS 5/12-14.2 new
Amends the Criminal Code of 1961. Creates the offense of
custodial sexual assault. Prohibits a person who has
supervisory or disciplinary authority over a prisoner from
engaging in sexual penetration or sexual conduct with a
prisoner. Penalty is a Class 3 felony. Provides that the
consent of the prisoner is not a defense to a prosecution for
custodial sexual assault.
LRB9002432RCks
LRB9002432RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-12 and adding Section 12-14.2.
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 and adding Section 12-14.2 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, 12-14.1, 12-14.2, 12-15
13 or 12-16 of this Code or a person for whose conduct the
14 accused is legally 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- LRB9002432RCks
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 (f) "Sexual penetration" means any contact, however
10 slight, between the sex organ or anus of one person by an
11 object, the sex organ, mouth or anus of another person, or
12 any intrusion, however slight, of any part of the body of one
13 person or of any animal or object into the sex organ or anus
14 of another person, including but not limited to cunnilingus,
15 fellatio or anal penetration. Evidence of emission of semen
16 is not required to prove sexual penetration.
17 (g) "Victim" means a person alleging to have been
18 subjected to an offense prohibited by Sections 12-13, 12-14,
19 12-14.1, 12-14.2, 12-15 or 12-16 of this Code.
20 (Source: P.A. 88-167.)
21 (720 ILCS 5/12-14.2 new)
22 Sec. 12-14.2. Custodial sexual assault.
23 (a) The accused commits custodial sexual assault when he
24 or she commits an act of sexual penetration or sexual conduct
25 with a victim who is in the custody of a penal institution
26 and the accused has supervisory or disciplinary authority
27 over the victim.
28 (b) Sentence. Custodial sexual assault is a Class 3
29 felony.
30 (c) Consent of the victim is not a defense to a
31 prosecution for custodial sexual assault.