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| Public Act 098-0370 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by changing | ||||
Section 11-1.40 and by adding Section 11-9.1B as follows:
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(720 ILCS 5/11-1.40)
(was 720 ILCS 5/12-14.1)
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Sec. 11-1.40. Predatory criminal sexual assault of a child.
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(a) A person commits predatory criminal sexual assault of a | ||||
child if that person commits an act of sexual penetration or an | ||||
act of contact, however slight between the sex organ or anus of | ||||
one person and the part of the body of another, and the | ||||
accused , is 17 years of age or older, and: | ||||
(1) the victim is under 13 years of age; or | ||||
(2) the victim is under 13 years of age and that | ||||
person: | ||||
(A) is armed with a firearm; | ||||
(B) personally discharges a firearm during the | ||||
commission of the offense; | ||||
(C) causes great bodily harm to the victim that: | ||||
(i) results in permanent disability; or | ||||
(ii) is life threatening; or | ||||
(D) delivers (by injection, inhalation, ingestion, | ||||
transfer of possession, or any other means) any | ||||
controlled substance to the victim without the | ||
victim's consent or by threat or deception, for other | ||
than medical purposes.
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(b) Sentence.
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(1) A person convicted of a violation of subsection | ||
(a)(1)
commits a Class X felony, for which the person shall | ||
be sentenced to a term of imprisonment of not less than 6 | ||
years and not more than 60 years.
A person convicted of a | ||
violation of subsection (a)(2)(A) commits a Class X
felony | ||
for which 15 years shall be added to the term of | ||
imprisonment imposed by
the court. A person convicted of a | ||
violation of subsection (a)(2)(B) commits a
Class X felony | ||
for which 20 years shall be added to the term of | ||
imprisonment
imposed by the court. A person convicted of a | ||
violation of subsection (a)(2)(C)
commits a Class X felony | ||
for which the person shall be sentenced to a term of
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imprisonment of not less than 50 years or up to a term of | ||
natural life
imprisonment.
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(1.1) A person convicted of a violation of subsection | ||
(a)(2)(D) commits a
Class X felony for which the person
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shall be
sentenced to a
term of imprisonment of not less | ||
than 50 years and not more than 60 years.
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(1.2) A person convicted of predatory criminal sexual | ||
assault of a child
committed
against 2 or more persons | ||
regardless of whether the offenses occurred as the
result | ||
of the same act or of several related or unrelated acts | ||
shall be
sentenced to a term of natural life imprisonment.
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(2) A person who is convicted of a second or subsequent | ||
offense of
predatory criminal sexual assault of a child, or | ||
who is convicted of the
offense of
predatory criminal | ||
sexual assault of a child after having previously been
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convicted of the offense of criminal sexual assault or the | ||
offense of
aggravated criminal sexual assault, or who is | ||
convicted of the offense of
predatory criminal sexual | ||
assault of a child after having previously been
convicted | ||
under the laws of this State
or any other state of an | ||
offense that is substantially equivalent to the
offense
of | ||
predatory criminal sexual assault of a child, the offense | ||
of aggravated
criminal sexual assault or the offense of | ||
criminal sexual assault, shall be
sentenced to a term of | ||
natural life imprisonment.
The commission of the second or | ||
subsequent offense is required to have been
after the | ||
initial conviction for this paragraph (2) to apply.
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(Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11.) | ||
(720 ILCS 5/11-9.1B new) | ||
Sec. 11-9.1B. Failure to report sexual abuse of a child. | ||
(a) For the purposes of this Section: | ||
"Child" means any person under the age of 13. | ||
"Sexual abuse" means any contact, however slight, between | ||
the sex organ or anus of the victim or the accused and an | ||
object or body part, including but not limited to, the sex | ||
organ, mouth, or anus of the victim or the accused, or any | ||
intrusion, however slight, of any part of the body of the | ||
victim or the accused or of any animal or object into the sex | ||
organ or anus of the victim or the accused, including, but not | ||
limited to, cunnilingus, fellatio, or anal penetration. | ||
Evidence of emission of semen is not required to prove sexual | ||
abuse. | ||
(b) A person over the age of 18 commits failure to report | ||
sexual abuse of a child when he or she personally observes | ||
sexual abuse, as defined by this Section, between a person who | ||
he or she knows is over the age of 18 and a person he or she | ||
knows is a child, and knowingly fails to report the sexual | ||
abuse to law enforcement. | ||
(c) This Section does not apply to a person who makes | ||
timely and reasonable efforts to stop the sexual abuse by | ||
reporting the sexual abuse in conformance with the Abused and | ||
Neglected Child Reporting Act or by reporting the sexual abuse | ||
or causing a report to be made, to medical or law enforcement | ||
authorities or anyone who is a mandated reporter under Section | ||
4 of the Abused and Neglected Child Reporting Act. | ||
(d) A person may not be charged with the offense of failure | ||
to report sexual abuse of a child under this Section until the | ||
person who committed the offense is charged with criminal | ||
sexual assault, aggravated criminal sexual assault, predatory | ||
criminal sexual assault of a child, criminal sexual abuse, or | ||
aggravated criminal sexual abuse. | ||
(e) It is an affirmative defense to a charge of failure to | ||
report sexual abuse of a child under this Section that the | ||
person who personally observed the sexual abuse had a | ||
reasonable apprehension that timely action to stop the abuse | ||
would result in the imminent infliction of death, great bodily | ||
harm, permanent disfigurement, or permanent disability to that | ||
person or another in retaliation for reporting. | ||
(f) Sentence. A person who commits failure to report sexual | ||
abuse of a child is guilty of a Class A misdemeanor for the | ||
first violation and a Class 4 felony for a second or subsequent | ||
violation. | ||
(g) Nothing in this Section shall be construed to allow | ||
prosecution of a person who personally observes the act of | ||
sexual abuse and assists with an investigation and any | ||
subsequent prosecution of the offender.
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