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Public Act 91-0116
SB405 Enrolled LRB9105587RCks
AN ACT to amend the Criminal Code of 1961 by changing
Section 12-12.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Section 12-12 as follows:
(720 ILCS 5/12-12) (from Ch. 38, par. 12-12)
Sec. 12-12. Definitions. For the purposes of Sections
12-13 through 12-18 of this Code, the terms used in these
Sections shall have the following meanings ascribed to them:
(a) "Accused" means a person accused of an offense
prohibited by Sections 12-13, 12-14, 12-15 or 12-16 of this
Code or a person for whose conduct the accused is legally
responsible under Article 5 of this Code.
(b) "Bodily harm" means physical harm, and includes, but
is not limited to, sexually transmitted disease, pregnancy
and impotence.
(c) "Family member" means a parent, grandparent, or
child, whether by whole blood, half-blood or adoption and
includes a step-grandparent, step-parent or step-child.
"Family member" also means, where the victim is a child under
18 years of age, an accused who has resided in the household
with such child continuously for at least one year.
(d) "Force or threat of force" means the use of force or
violence, or the threat of force or violence, including but
not limited to the following situations:
(1) when the accused threatens to use force or
violence on the victim or on any other person, and the
victim under the circumstances reasonably believed that
the accused had the ability to execute that threat; or
(2) when the accused has overcome the victim by use
of superior strength or size, physical restraint or
physical confinement.
(e) "Sexual conduct" means any intentional or knowing
touching or fondling by the victim or the accused, either
directly or through clothing, of the sex organs, anus or
breast of the victim or the accused, or any part of the body
of a child under 13 years of age, or any transfer or
transmission of semen by the accused upon any part of the
clothed or unclothed body of the victim, for the purpose of
sexual gratification or arousal of the victim or the accused.
(f) "Sexual penetration" means any contact, however
slight, between the sex organ or anus of one person by an
object, the sex organ, mouth or anus of another person, or
any intrusion, however slight, of any part of the body of one
person or of any animal or object into the sex organ or anus
of another person, including but not limited to cunnilingus,
fellatio or anal penetration. Evidence of emission of semen
is not required to prove sexual penetration.
(g) "Victim" means a person alleging to have been
subjected to an offense prohibited by Sections 12-13, 12-14,
12-15 or 12-16 of this Code.
(Source: P.A. 88-167.)
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