What is the Illinois Crime of Predatory Criminal Sexual Assault?
Predatory criminal sexual assault is an Illinois sex crime that involves child victims under the age of 13 years old. The perpetrator in these situations is normally an adult, though 17-year-old teenagers can commit this crime also. Predatory criminal sexual assault can occur without or without the use or threat of force. And this offense will almost always result in Class X felony charges, including imprisonment and fines.
What is the Illinois Definition of Predatory Criminal Sexual Assault?
720 ILCS 5/11-1.40 defines what qualifies as predatory criminal sexual assault in Illinois. Overall, this is an offense that involves minor children as victims and, sometimes, the use of force or the threat of force. In more precise terms, there are essentially three elements to predatory criminal sexual assault.
First, the perpetrator must commit an act of sexual contact against a victim – no matter how slight or minor – for the purpose of gratification or arousal. This sexual contact must involve a sexual organ or the anus. Actual penetration is not required, but it does qualify under Section 11-1.40.
Second, the perpetrator must be at least 17 years old, and the victim must be under 13 years old. At a threshold level, predatory criminal sexual assault can occur upon completion of the first and second elements. The third element is not required, but it does result in more serious penalties.
The third element of this offense involves the presence of specific aggravating factors. To qualify as predatory criminal sexual assault, during the offense the perpetrator must also:
- Possess a firearm;
- Discharge a firearm;
- Cause great bodily harm, permanent disability, or a life-threatening injury; or
- Deliver a controlled substance to the victim without consent or by force or deception, exception for recognized medical uses.
How Does Illinois Punish Predatory Criminal Sexual Assault?
Section 11-1.40 also details the Illinois punishment for predatory criminal sexual assault. At a minimum, any person who commits this offense will face Class X felony charges. The threshold sentence for this crime includes six to 60 years in prison and up to $25,000 in criminal fines. Illinois does not offer probation or conditional discharge for Class X felonies.
That being said, Section 11-1.40 provides enhanced punishment levels for certain types of predatory criminal sexual assault. If the perpetrator possessed a firearm during the offense, the prison sentence increases by a minimum of 15 years. Offenses involving discharge of a firearm include an additional 20 years in prison.
There is a also mandatory prison sentence of 50 to 60 years if the offense included delivery of a controlled substance without consent or by force or deception. And if the perpetrator caused serious physical harm, there is typically a mandatory prison sentence of 50 years to life.
Finally, Section 11-1.40 authorizes a separate penalty for repeat offenders. Any person who commits predatory criminal sexual assault a second time – or a first time, if there is a previous conviction for a different sex crime – will usually face a life sentence in prison.
