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| Public Act 098-0903 | ||||
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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 2012 is amended by changing | ||||
Section 11-1.40 as follows:
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(720 ILCS 5/11-1.40)
(was 720 ILCS 5/12-14.1)
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Sec. 11-1.40. Predatory criminal sexual assault of a child.
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(a) A person commits predatory criminal sexual assault of a | ||||
child if that person is 17 years of age or older, and commits | ||||
an act of sexual penetration or an act of contact, however | ||||
slight, between the sex organ or anus of one person and the | ||||
part of the body of another for the purpose of sexual | ||||
gratification or arousal of the victim or the accused, or an | ||||
act of sexual penetration, and the accused is 17 years of age | ||||
or older, and: | ||||
(1) the victim is under 13 years of age; or | ||||
(2) the victim is under 13 years of age and that | ||||
person: | ||||
(A) is armed with a firearm; | ||||
(B) personally discharges a firearm during the | ||||
commission of the offense; | ||||
(C) causes great bodily harm to the victim that: | ||||
(i) results in permanent disability; or | ||||
(ii) is life threatening; or | ||
(D) delivers (by injection, inhalation, ingestion, | ||
transfer of possession, or any other means) any | ||
controlled substance to the victim without the | ||
victim's consent or by threat or deception, for other | ||
than medical purposes.
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(b) Sentence.
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(1) A person convicted of a violation of subsection | ||
(a)(1)
commits a Class X felony, for which the person shall | ||
be sentenced to a term of imprisonment of not less than 6 | ||
years and not more than 60 years.
A person convicted of a | ||
violation of subsection (a)(2)(A) commits a Class X
felony | ||
for which 15 years shall be added to the term of | ||
imprisonment imposed by
the court. A person convicted of a | ||
violation of subsection (a)(2)(B) commits a
Class X felony | ||
for which 20 years shall be added to the term of | ||
imprisonment
imposed by the court. A person convicted of a | ||
violation of subsection (a)(2)(C)
commits a Class X felony | ||
for which the person shall be sentenced to a term of
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imprisonment of not less than 50 years or up to a term of | ||
natural life
imprisonment.
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(1.1) A person convicted of a violation of subsection | ||
(a)(2)(D) commits a
Class X felony for which the person
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shall be
sentenced to a
term of imprisonment of not less | ||
than 50 years and not more than 60 years.
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(1.2) A person convicted of predatory criminal sexual | ||
assault of a child
committed
against 2 or more persons | ||
regardless of whether the offenses occurred as the
result | ||
of the same act or of several related or unrelated acts | ||
shall be
sentenced to a term of natural life imprisonment.
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(2) A person who is convicted of a second or subsequent | ||
offense of
predatory criminal sexual assault of a child, or | ||
who is convicted of the
offense of
predatory criminal | ||
sexual assault of a child after having previously been
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convicted of the offense of criminal sexual assault or the | ||
offense of
aggravated criminal sexual assault, or who is | ||
convicted of the offense of
predatory criminal sexual | ||
assault of a child after having previously been
convicted | ||
under the laws of this State
or any other state of an | ||
offense that is substantially equivalent to the
offense
of | ||
predatory criminal sexual assault of a child, the offense | ||
of aggravated
criminal sexual assault or the offense of | ||
criminal sexual assault, shall be
sentenced to a term of | ||
natural life imprisonment.
The commission of the second or | ||
subsequent offense is required to have been
after the | ||
initial conviction for this paragraph (2) to apply.
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(Source: P.A. 98-370, eff. 1-1-14; revised 11-12-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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