HB4319 Engrossed

LRB095 15485 RLC 41478 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 12-17 as follows:
 



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    (720 ILCS 5/12-17)  (from Ch. 38, par. 12-17)



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    Sec. 12-17. Defenses. 

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    (a) It shall be a defense to any offense under Section 
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12-13 through
12-16 of this Code where force or threat of force 
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is an element of the
offense that the victim consented.  
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"Consent" means a freely given
agreement to the act of sexual 
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penetration or sexual conduct in question.
Lack of verbal or 
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physical resistance or submission by the victim resulting
from 
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the use of force or threat of force by the accused shall not

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constitute consent.  The manner of dress of the victim at the 
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time of the
offense shall not constitute consent.

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    (b) It shall be a defense under subsection (b) and 
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subsection (c) of
Section 12-15 and subsection (d) of Section 
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12-16 of this Code that the
accused reasonably believed the 
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person to be 17 years of age or over. It is not a defense to 
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Section 12-14.1 (predatory criminal sexual assault of a child) 
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that the
accused reasonably believed the victim of the offense 
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to be 13 years of age or over when the offense was committed 
 


 






HB4319 Engrossed
- 2 -
LRB095 15485 RLC 41478 b




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and the State does not have to prove that the accused knew that 
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the victim of the offense was under 13 years of age when the 
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offense was committed. 

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    (c) A person who initially consents to sexual penetration 
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or sexual
conduct
is not deemed to have consented to any sexual 
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penetration or sexual
conduct that occurs after he or she 
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withdraws consent during the course of
that sexual penetration 
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or sexual conduct.

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(Source: P.A. 93-389, eff. 7-25-03.)