104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5562
 
Introduced 2/13/2026, by Rep. Michelle Mussman
 
SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-2.7 new
    Amends the Criminal Code of 2012. Creates the offense of torture. Provides that a person commits torture when that person knowingly and cruelly engages in a course of conduct that torments a victim under the age of 18 years. Provides that proof that a victim suffered physical, mental, or emotional impairment is not an element of the offense. Provides that torture does not include: (1) reasonable parental discipline or (2) any medical examination or procedure that is conducted by a physician, nurse, medical or hospital personnel, parent, or caretaker for purposes and in a manner consistent with reasonable medical standards and care. Provides that a victim under the age of 18 years cannot consent to torture. Provides that torture is a Class X felony. Provides that an offender under the age of 18 years at the time of the commission of the offense shall be sentenced under the provisions of the Unified Code of Corrections concerning the sentencing of individuals under the age of 18 at the time of the commission of an offense. Defines "course of conduct" and "cruelly".


LRB104 20184 RLC 33635 b

 
 
A BILL FOR
 
HB5562LRB104 20184 RLC 33635 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding 
5Section 12-2.7 as follows:
 
6    (720 ILCS 5/12-2.7 new)
7    Sec. 12-2.7. Torture.
8    (a) A person commits torture when that person knowingly 
9and cruelly engages in a course of conduct that torments a 
10victim under the age of 18 years.
11    (b) As used in this Section:
12    "Course of conduct" means at least 2 acts or deprivations, 
13other than by accidental means, directly, indirectly, or 
14through third parties, which include, but are not limited to:
15        (1) physical abuse or confinement or sexual, mental, 
16    or emotional abuse; or
17        (2) withholding of necessary nutrition, nourishment, 
18    shelter, or medical care; or
19        (3) the administration or application, or threatened 
20    administration or application, of mind-altering 
21    substances; or
22        (4) any other act or deprivation that is likely to 
23    create, increase, or prolong the pain, suffering, or agony 
 
 
HB5562- 2 -LRB104 20184 RLC 33635 b

1    of a person.
2    (c) Proof that a victim suffered physical, mental, or 
3emotional impairment is not an element of the offense.
4    "Cruelly" means inhumane or sadistic, infliction of, or 
5subjection to, extreme physical, mental, or emotional pain, 
6motivated by an intent to create, increase, or prolong the 
7pain, suffering, or agony of a person. 
8    (d)(1) Defenses. Torture does not include:
9        (A) reasonable parental discipline; or
10        (B) any medical examination or procedure that is 
11    conducted by a physician, nurse, medical or hospital 
12    personnel, parent, or caretaker for purposes and in a 
13    manner consistent with reasonable medical standards and 
14    care.
15    (2) A victim under the age of 18 years cannot consent to 
16torture as defined in this Section.
17    (e)(1) Sentence. Torture is a Class X felony.
18    (2) An offender under the age of 18 years at the time of 
19the commission of the offense shall be sentenced under Section 
205-4.5-105 of the Unified Code of Corrections.