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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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