093_SB0406

 
                                     LRB093 05718 RLC 05811 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Criminal  Code  of  1961  is  amended  by
 5    changing Section 12-17 as follows:

 6        (720 ILCS 5/12-17) (from Ch. 38, par. 12-17)
 7        Sec. 12-17.  Defenses.
 8        (a)  It  shall  be a defense to any offense under Section
 9    12-13 through 12-16 of this Code where  force  or  threat  of
10    force is an element of the offense that the victim consented.
11    "Consent" means a freely given agreement to the act of sexual
12    penetration or sexual conduct in question.  Lack of verbal or
13    physical  resistance  or  submission  by the victim resulting
14    from the use of force or threat of force by the accused shall
15    not constitute consent.  The manner of dress of the victim at
16    the time of the offense shall not constitute consent.
17        (b)  It shall be  a  defense  under  subsection  (b)  and
18    subsection (c) of Section 12-15 and subsection (d) of Section
19    12-16  of  this Code that the accused reasonably believed the
20    person to be 17 years of age or over.
21        (c)  A victim may not be deemed to have consented  to  an
22    act  of  sexual  penetration  or sexual conduct if the victim
23    initially consented  to  the  sexual  penetration  or  sexual
24    conduct  and later withdraws consent if the accused continues
25    the act of sexual penetration or  sexual  conduct  after  the
26    victim withdraws consent.
27    (Source: P.A. 87-438; 87-457; 87-895.)

28        Section  99.  Effective date.  This Act takes effect upon
29    becoming law.