Custodial sexual misconduct is a specific type of sex crime under Illinois law. This criminal offense relates to sexual acts that occur between certain government employees and individuals in their custody or under their supervision. In these situations, a government employee has a position of power and control over individuals, which effectively destroys the concept of consent. As a result, Illinois law classifies custodial sexual misconduct as a felony crime, punishable by imprisonment and fines.
What is the Definition of Custodial Sexual Misconduct in Illinois?
720 ILCS 5/11-9.2 establishes the definition of custodial sexual misconduct. This section prohibits certain government employees from engaging in sexual conduct or sexual penetration with individuals in their custody or under their supervision. This applies to both full-time and contract-based employees.
In practice, there are four different types of government employees who can commit custodial sexual misconduct under Section 11-9.2:
- Penal System Employees – Officers and other workers employed by prisons or the penal system must refrain from sexual conduct or penetration with inmates in their custody;
- Treatment and Detention Facility Employees – Officers and other workers employed by treatment and detention facilities must refrain from sexual conduct or penetration with individuals in their custody;
- Law Enforcement Agency Employees – Police and law enforcement officers must refrain from sexual conduct or penetration with individuals in their custody; and
- Conditional Release Program Employees – Probation and supervising officers must refrain from sexual conduct or penetration with individuals in conditional release programs.
Once a person enters custody or supervision, the government employees responsible for controlling that person must refrain from engaging in sexual conduct or penetration. In this context, it does not matter if a person consents to sexual conduct or penetration with a government employee. Once a person enters custody or supervision, Illinois law deems that person incapable of providing consent to sexual acts with their custodian or supervisor.
Are There Exceptions to Custodial Sexual Misconduct?
There are two important exceptions under Section 11-9.2. First, it does not qualify as custodial sexual misconduct if an employee is married to the person in their custody or under their supervision. Though the marriage must occur before custody or supervision begins.
Second, it does not qualify as custodial sexual misconduct if a government employee lacks knowledge that a person is in custody or under supervision. Though this exception only applies if the employee does not know – or have a reason to know that – that their sexual partner is in custody or under supervision.
What are the Penalties for Custodial Sexual Misconduct?
Under Section 11-9.2, custodial sexual misconduct is a Class 3 felony. Upon conviction for this class of felony, the punishment usually includes a prison sentence between two and five years, criminal fines up to $25,000, and a mandatory supervised release term of one year. Even worse, a conviction to this charge results in a mandatory registration on the Illinois Sex Offender Registry for 10 years.
Additionally, any person who commits custodial sexual misconduct will also face employment consequences under Section 11-9.2. Specifically, a conviction under this section requires the offender to relinquish their employment with the penal system, treatment and detention facility, law enforcement agency, or conditional release program in question.
