NOTE: The following materials received an update to account for changes to Illinois law after the passage of Public Act 101-130. After this Act took effect on January 1, 2020, Illinois removed the statute of limitations for the prosecution of sexual assault crimes.
Illinois law under 720 ILCS 5/11-1.40 defines predatory criminal sexual assault and the corresponding penalties.
Pursuant to 720 ILCS 5/11-1.40, predatory criminal sexual assault occurs under specific conditions. First, the perpetrator must be at least 17 years old. Second, the victim must be less than 13 years old. If such a perpetrator makes any sexual contact with such a victim for the purpose of sexual gratification or arousal, it is predatory criminal sexual assault. It is important to note that predatory criminal sexual assault includes any type of sexual contact and penetration, no matter how slight.
The penalties for predatory criminal sexual assault increase with the presence of certain conditions, including:
- Displaying a gun during the crime, 720 ILCS 5/11-1.40(a)(2)(A);
- Firing a gun during the crime, 720 ILCS 5/11-1.40(a)(2)(B);
- Causing the victim severe injury or harm, 720 ILCS 5/11-1.40(a)(2)(C); or
- Delivering an illegal drug to the victim, 720 ILCS 5/11-1.40(a)(2)(D).
Further exacerbating the consequences of this crime, Illinois removed the statute of limitations for sexual assault crimes in 2020. Before Public Act 101-130 took effect, the authorities could only prosecute sexual assault crimes within a 10-year period. Moving forward, Illinois enables the prosecution of sexual assault crimes at any time.
Illinois Penalties for Predatory Criminal Sexual Assault
Generally speaking, predatory criminal sexual assault in Illinois is a Class X felony with a prison sentence of six to 60 years. But the penalties can escalate based on the circumstances of the crime. If the perpetrator:
- Displayed a gun during the crime, then the sentence increases by 15 years;
- Fired a gun during the crime, then the sentence increases by 20 years;
- Caused the victim severe injury or harm during the crime, then the sentence becomes 50 years to life; or
- Delivered an illegal drug to the victim during the crime, then the sentence becomes 50 to 60 years.
On a related note, predatory criminal sexual assault is subject to the 85% rule in Illinois. This means that a person convicted of predatory criminal sexual assault must serve at least 85 percent of their sentence before release. Also, pursuant to 730 ILCS 5/5-8-4, if convicted on multiple counts of predatory criminal sexual assault, it is mandatory that the counts be served consecutively, not concurrently. In other words, if someone is found guilty on three counts and receives a sentence of eight years on each count, they will serve a total of 24 years in prison at 85 percent, as opposed to all sentences being served concurrently.
Comparing Predatory Sexual Assault with Other Illinois Sex Crimes
To help orient the landscape of Illinois sex crimes, the following paragraphs will compare predatory criminal sexual assault against criminal sexual assault and criminal sexual abuse.
Criminal sexual assault under 720 ILCS 5/11-1.20 is similar to the predatory version described previously. But criminal sexual assault only occurs in cases of sexual penetration. Also, criminal sexual assault only addresses victims under 13 years old if they are related to the perpetrator. Otherwise, this crime focuses on only adults and children aged 13 to 18.
Criminal sexual abuse under 720 ILCS 5/11-1.50 is slightly different from the sexual assault crimes described previously. Criminal sexual abuse focuses on sexual contact, whether or not that contact leads to actual penetration. Similar to criminal sexual assault, this statute also only addresses victims under 13 years old if they are related to the perpetrator. Otherwise, this crime focuses on only adults and children aged 13 to 18.
Sex Offender Registration in Illinois
One of the most important aspects of a sex crime is the requirement to register as a sex offender. Sex offender registration usually last for ten years to life and also carries an inescapable stigma. Furthermore, the sex offender registry is publicly accessible to anyone. Under the Illinois Sexual Offender Registration Act codified as 730 ILCS 150/1, any person convicted of predatory criminal sexual assault must register annually for a minimum of 10 years as a sex offender. Naturally, this will impact where an individual can live and work and who they can interact with.
Do You Need to Speak with an Illinois Criminal Lawyer?
If you are dealing with charges for predatory criminal sexual assault or other sex crimes, it is imperative to retain a veteran Illinois criminal lawyer. Operating out of Chicago, Sami Azhari is a veteran criminal defense attorney with experience handling a wide variety of sex crimes. If you need legal help, please feel free to contact Sami Azhari for assistance today.
