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Sex Crimes Penalties (720 ILCS 5/11)

Being charged with a sex crime in Illinois can be devastating for your future. Even before your trial, you face public scrutiny based on the allegations against you. A conviction will forever change life as you know it, so you need a seasoned Illinois criminal defense attorney to fight for you.

Defense lawyers Dominick Dolci and Pat Weiland are former prosecutors who are dedicated to providing the best representation for you. We thoroughly review all cases and discuss all your legal options with you so that you can make informed decisions to protect your future.

Elements of Sex Crimes

Illinois law does not use the term "rape." Instead, the law defines Criminal Sexual Assault as sexual penetration using force or threats, or sexual penetration of a person unable to give consent. If the alleged offender is a family member of the alleged victim and under age 18, or if the alleged offender is over age 17 and in a position of trust, the offense meets the statutory requirements for Criminal Sexual Assault. Criminal Sexual Abuse is a similar charge, but in these cases, penetration did not occur.

The act becomes Aggravated Criminal Sexual Assault if the alleged offender displays or uses a weapon; causes bodily harm to the alleged victim; or if the alleged offender threatens or endangers the life of the alleged victim. You could be charged with this crime if the alleged victim is over age 60 or has a disability. Aggravated Criminal Sexual Assault is similar, but penetration does not occur.

If the alleged victim is under age 13 and contact occurs, however slight, for the purpose of sexual gratification or arousal, you could be charged with Predatory Criminal Sexual Assault of a Child.

When someone urges a person they know to be a child to perform sexual acts, this is Indecent Solicitation of a Child. When the alleged victim is over age 18, this becomes Indecent Solicitation of an Adult. Using the Internet or phone to contact a child to meet without the knowledge of the child's parent or guardian is Solicitation to Meet a Child.  Sexual Exploitation of a Child occurs when an adult meets a child in person or virtually and commits a sexual act or exposes their sexual organs.

Sexual Misconduct with a Person with a Disability occurs when an employee of a community agency or the State has sexual contact with a person with a disability who is in the care of that agency. Custodial Misconduct occurs when an employee of the penal system has sexual contact with an inmate.

Prostitution offenses involve sexual conduct or sexual penetration. Both parties involved can be charged under the Prostitution statute or the Solicitation statute. Penalties are more severe when one party is a minor.

Child Pornography is any film, videotape, or photograph that depicts a person under age 18 or with a profound disability in a sexual situation. 

Penalties

The State of Illinois treats sex crimes very seriously, especially those against children. The law categorizes sex crimes into Major Sex Crimes, Vulnerable Victim Offenses, Prostitution Offenses, Pornography Offenses, and Other Offenses. These vary in severity from Class A Misdemeanors to Class X Felonies.

  • Criminal Sexual Assault is a Class 1 Felony.
  • Aggravated Criminal Sexual Assault is a Class X Felony.
  • Predatory Criminal Sexual Assault of a Child is a Class X Felony
  • Criminal Sexual Abuse is a Class A Misdemeanor
  • Aggravated Criminal Sexual Abuse is a Class 2 Felony
  • Indecent Solicitation of a Child is a Class 1, Class 2, or Class 3 Felony, depending on the details of the case.
  • Indecent Solicitation of an Adult is a Class X, Class 1, Class 2, Class 3 Felony or a Class A Misdemeanor, depending on the details of the case.
  • Solicitation to Meet a Child is a Class 4 Felony.
  • Sexual Exploitation of a Child is a Class A Misdemeanor unless the child is under age 13 or the offender was previously convicted. Then it becomes a Class 4 Felony.
  • Permitting Sexual Abuse of a Child is a Class 1 Felony.
  • Failure to Report Sexual Abuse of a Child is a Class A Misdemeanor for a first offense and a Class 4 Felony for a second or subsequent offense.
  • Custodial Sexual Misconduct is a Class 3 Felony.
  • Sexual Misconduct with a Person with a Disability is a Class 3 Felony.
  • Sexual Acts Within Families is a Class 3 Felony
  • Prostitution is a Class A Misdemeanor.
  • Solicitation of a Sexual Act is a Class A Misdemeanor.
  • Promoting Prostitution is a Class 4 Felony unless the crime occurs within 1,000 feet of a school. That is a Class 3 Felony.
  • Promoting Juvenile Prostitution is a Class 1 Felony unless the crime occurs within 1,000 feet of a school. That is a Class X Felony.
  • Patronizing a Prostitute is a Class 4 Felony unless the crime occurs within 1,000 feet of a school. That is a Class 3 Felony.
  • Patronizing a Minor Engaged in Prostitution is a Class 2 Felony.
  • Obscenity is a Class A Misdemeanor for a first offense and a Class 4 Felony for a second or subsequent offense.
  • Child Pornography is a Class 1 Felony if the child is between ages 13 and 18, and a Class X Felony if the child is under age 18.
  • Distributing Harmful Material to a Minor is a Class A Misdemeanor for a first offense and a Class 4 Felony for a second or subsequent offense.
  • Non-Consensual Dissemination of Private Sexual Images is a Class 4 Felony.
  • Grooming is a Class 4 Felony.
  • Traveling to Meet a Child is a Class 3 Felony.
  • Public Indecency is a Class A Misdemeanor.
  • Adultery is a Class A Misdemeanor.

Class A Misdemeanor is punishable by up to 364 days in jail and fines up to $2,500.

Class 4 Felony is punishable by up to three years in prison.

Class 3 Felony is punishable by up to five years in prison.

Class 2 Felony is punishable by up to seven years in prison.

Class 1 Felony is punishable by up to 15 years in prison.

Class X Felony is punishable by up to 30 years in prison.

All felonies in Illinois carry fines up to $25,000.

In addition to jail time and hefty fines, if you are convicted of a sex crime, you will have to register as a sex offender or a sexual predator. The length of time you will have to register for varies based on your conviction. Sexual offenders must register for a minimum of 10 years, and sexual predators must register for life. You will not be allowed within 500 feet of a school or in a public park, and this limits where you can rent or purchase a residence. You are subject to a social media blackout while you are on supervised release, probation, or parole. These consequences are life-altering and should not be taken lightly.

Sex Crimes Defenses

Due to the serious consequences that a sex crimes conviction brings, you need a strong defense to protect your future. The accusations against you may be false or your identity may have been mistaken. If DNA or other forensic testing was used in your case, the testing methods or equipment could be faulty. With a strong defense, the State's case can be defeated in court.

Providing You With The Best Legal Representation

At Dolci & Weiland, we prove you with the best legal representation in DuPage and Cook Counties. Our seasoned criminal defense attorneys will evaluate all aspects of your case and discuss your legal options for protecting your future. Time is of the essence, so fill out an online contact form or call our DuPage office at (630) 261-9098 or our Chicago office at (312) 238-9007.

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