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92nd General Assembly

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Public Act 92-0721

HB4926 Enrolled                                LRB9212738RCcd

    AN ACT in relation to criminal law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Criminal  Code  of  1961 is amended by
changing  Section  12-14  and  by  adding  Section  12-35  as
follows:

    (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
    Sec. 12-14.  Aggravated Criminal Sexual Assault.
    (a)  The  accused  commits  aggravated  criminal   sexual
assault  if he or she commits criminal sexual assault and any
of the following aggravating circumstances existed during, or
for the purposes of paragraph (7) of this subsection  (a)  as
part  of the same course of conduct as, the commission of the
offense:
         (1)  the accused displayed, threatened  to  use,  or
    used  a  dangerous  weapon,  other than a firearm, or any
    object fashioned or utilized in such a manner as to  lead
    the  victim under the circumstances reasonably to believe
    it to be a dangerous weapon; or
         (2)  the  accused  caused  bodily  harm,  except  as
    provided in subsection (a)(10), to the victim; or
         (3)  the accused  acted  in  such  a  manner  as  to
    threaten  or endanger the life of the victim or any other
    person; or
         (4)  the criminal  sexual  assault  was  perpetrated
    during   the   course  of  the  commission  or  attempted
    commission of any other felony by the accused; or
         (5)  the victim was 60 years of age or over when the
    offense was committed; or
         (6)  the victim was a physically handicapped person;
    or
         (7)  the   accused    delivered    (by    injection,
    inhalation,  ingestion,  transfer  of  possession, or any
    other means) to the victim without his or her consent, or
    by threat  or  deception,  and  for  other  than  medical
    purposes, any controlled substance; or
         (8)  the accused was armed with a firearm; or
         (9)  the  accused  personally  discharged  a firearm
    during the commission of the offense; or
         (10)  the accused,  during  the  commission  of  the
    offense, personally discharged a firearm that proximately
    caused great bodily harm, permanent disability, permanent
    disfigurement, or death to another person.
    (b)  The   accused  commits  aggravated  criminal  sexual
assault if the accused was under 17  years  of  age  and  (i)
commits  an  act  of sexual penetration with a victim who was
under 9 years of age when the  act  was  committed;  or  (ii)
commits an act of sexual penetration with a victim who was at
least  9  years of age but under 13 years of age when the act
was committed and the accused used force or threat  of  force
to commit the act.
    (c)  The   accused  commits  aggravated  criminal  sexual
assault if he or she commits an  act  of  sexual  penetration
with  a  victim  who  was  a  severely or profoundly mentally
retarded person at the time the act was committed.
    (d)  Sentence.
         (1)  Aggravated criminal sexual assault in violation
    of paragraph (1), (2), (3), (4),  (5),  (6),  or  (7)  of
    subsection  (a)  or in violation of subsection (b) or (c)
    is a Class X felony. A violation of subsection (a)(1)  is
    a Class X felony for which 10 years shall be added to the
    term of imprisonment imposed by the court. A violation of
    subsection  (a)(8) is a Class X felony for which 15 years
    shall be added to the term of imprisonment imposed by the
    court.  A violation of subsection (a)(9)  is  a  Class  X
    felony  for  which 20 years shall be added to the term of
    imprisonment  imposed  by  the  court.  A  violation   of
    subsection (a)(10) is a Class X felony for which 25 years
    or  up  to  a  term of natural life imprisonment shall be
    added to the term of imprisonment imposed by the court.
         (2)  A person  who  is  convicted  of  a  second  or
    subsequent offense of aggravated criminal sexual assault,
    or who is convicted of the offense of aggravated criminal
    sexual  assault after having previously been convicted of
    the offense of criminal sexual assault or the offense  of
    predatory  criminal  sexual assault of a child, or who is
    convicted of the offense of  aggravated  criminal  sexual
    assault  after having previously been convicted under the
    laws of this or any other state of  an  offense  that  is
    substantially  equivalent  to  the  offense  of  criminal
    sexual assault, the offense of aggravated criminal sexual
    assault  or  the  offense  of  predatory  criminal sexual
    assault of a child, 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.
(Source:  P.A.  91-404,  eff.  1-1-00;  92-434,  eff. 1-1-02;
92-502, eff. 12-19-01.)

    (720 ILCS 5/12-35 new)
    Sec. 12-35. Sexual conduct  or  sexual  contact  with  an
animal.
    (a)  A  person  may  not  knowingly  engage in any sexual
conduct or sexual contact with an animal.
    (b)  A person may  not  knowingly  cause,  aid,  or  abet
another  person  to  engage  in  any sexual conduct or sexual
contact with an animal.
    (c)  A person may not knowingly permit any sexual conduct
or sexual contact with an  animal  to  be  conducted  on  any
premises under his or her charge or control.
    (d)  A  person may not knowingly engage in, promote, aid,
or abet any activity involving any sexual conduct  or  sexual
contact  with  an  animal  for  a  commercial or recreational
purpose.
    (e)  Sentence.  A person who  violates  this  Section  is
guilty  of  a  Class  4  felony.  A  person who violates this
Section in the presence of a person under 18 years of age  or
causes  the animal serious physical injury or death is guilty
of a Class 3 felony.
    (f)  In addition to the  penalty  imposed  in  subsection
(e),  the  court  may  order that the defendant do any of the
following:
         (1)  Not harbor animals or reside in  any  household
    where animals are present for a reasonable period of time
    or permanently, if necessary.
         (2)  Relinquish  and permanently forfeit all animals
    residing  in  the  household  to  a  recognized  or  duly
    organized animal shelter or humane society.
         (3)  Undergo   a   psychological   evaluation    and
    counseling at defendant's expense.
         (4)  Reimburse  the animal shelter or humane society
    for any  reasonable  costs  incurred  for  the  care  and
    maintenance  of the animal involved in the sexual conduct
    or sexual contact in addition to any animals relinquished
    to the animal shelter or humane society.
    (g)  Nothing  in  this  Section  shall  be  construed  to
prohibit accepted  animal  husbandry  practices  or  accepted
veterinary  medical  practices  by a licensed veterinarian or
certified veterinary technician.
    (h)  If the court has reasonable grounds to believe  that
a violation of this Section has occurred, the court may order
the  seizure of all animals involved in the alleged violation
as a condition of bond of a person charged with  a  violation
of this Section.
    (i)  In this Section:
    "Animal"  means  every  creature,  either  alive or dead,
other than a human being.
    "Sexual conduct" means any  touching  or  fondling  by  a
person,  either  directly  or  through  clothing,  of the sex
organs or anus of an animal or any transfer  or  transmission
of  semen  by the person upon any part of the animal, for the
purpose of sexual gratification or arousal of the person.
    "Sexual  contact"  means  any  contact,  however  slight,
between the sex organ or anus of a person and the sex  organ,
mouth,  or  anus  of  an  animal,  or  any intrusion, however
slight, of any part of the body of the person  into  the  sex
organ  or  anus  of  an  animal,  for  the  purpose of sexual
gratification or arousal of the person.  Evidence of emission
of semen is not required to prove sexual contact.
    Passed in the General Assembly May 15, 2002.
    Approved July 25, 2002.
    Effective January 01, 2003.

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