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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4789
Introduced 02/04/04, by Frank Aguilar SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-13 |
from Ch. 38, par. 12-13 |
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Amends the Criminal Code of 1961. Provides that criminal sexual assault also consists of a gang member who aided by 2 or more persons actually present, subjects the victim to sexual penetration without the consent of the victim or who with intent to expose the intimate parts of the body of the victim and when aided by 2 or more other persons actually present, removes or attempts to remove an article of clothing from the victim without the consent of the victim. Provides that a violation is a Class 1 felony.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4789 |
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LRB093 18399 RLC 44107 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 12-13 as follows:
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| (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
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| Sec. 12-13. Criminal Sexual Assault.
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| (a) The accused commits criminal sexual assault if he or |
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| she:
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| (1) commits an act of sexual penetration by the use of |
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| force or threat of
force; or
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| (2) commits an act of sexual penetration and the |
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| accused knew that the
victim was unable to understand the |
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| nature of the act or was unable to give
knowing consent; or
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| (3) commits an act of sexual penetration with a victim |
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| who was under 18
years of age when the act was committed |
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| and the accused was a family
member; or
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| (4) commits an act of sexual penetration with a victim |
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| who was at
least 13 years of age but under 18 years of age |
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| when the act was committed
and the accused was 17 years of |
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| age or over and held a position of trust,
authority or |
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| supervision in relation to the victim ; or |
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| (5) is a gang member and, aided by 2 or more persons |
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| actually present, subjects the victim to sexual |
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| penetration without the consent of the victim; or |
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| (6) is a gang member and, with intent to expose the |
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| intimate parts of the body of the victim and when aided by |
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| 2 or more other persons actually present, removes or |
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| attempts to remove an article of clothing from the victim |
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| without the consent of the victim .
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| (b) Sentence.
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| (1) Criminal sexual assault is a Class 1 felony.
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