HB4380 102ND GENERAL ASSEMBLY

LRB102 22260 RLC 31393 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4380

Introduced 1/21/2022, by Rep. Paul Jacobs

SYNOPSIS AS INTRODUCED:

720 ILCS 5/11-1.70

was 720 ILCS 5/12-17

Amends the Criminal Code of 2012. In regards to the offenses of criminal sexual abuse and aggravated criminal sexual abuse involving victims under 17 years of age, provides that the following factors do not serve independently as a defense: (1) a statement by the victim that he or she is 17 years of age or over; (2) the presence of the victim on a social media platform that requires participants to be 17 years of age or over; or (3) attendance of the victim in an educational activity such as a high school trade program or community college class that would generally be attended only by someone 17 years of age or over.

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 2012 is amended by changing Section 11-1.70 as follows:

(720 ILCS 5/11-1.70) (was 720 ILCS 5/12-17)

(Text of Section before amendment by P.A. 102-567)

Sec. 11-1.70. Defenses with respect to offenses described in Sections 11-1.20 through 11-1.60.

(a) It shall be a defense to any offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code where force or threat of force is an element of the offense that the victim consented. "Consent" means a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent.

(b) It shall be a defense under subsection (b) and subsection (c) of Section 11-1.50 and subsection (d) of Section 11-1.60 of this Code that the accused reasonably believed the person to be 17 years of age or over.

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

(Source: P.A. 96-1551, eff. 7-1-11.)

(Text of Section after amendment by P.A. 102-567)

Sec. 11-1.70. Defenses with respect to offenses described in Sections 11-1.20 through 11-1.60; certain factors not an independent defense to a reasonable belief that the victim was 17 years of age or over.

(a) It shall be a defense to any offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code where force or threat of force is an element of the offense that the victim consented.

(b) It shall be a defense under subsection (b) and subsection (c) of Section 11-1.50 and subsection (d) of Section 11-1.60 of this Code that the accused reasonably believed the person to be 17 years of age or over. The following factors do not serve independently as a defense:

(1) a statement by the victim that he or she is 17 years of age or over;

(2) the presence of the victim on a social media platform that requires participants to be 17 years of age or over; or

(3) attendance of the victim in an educational activity such as a high school trade program or community college class that would generally be attended only by someone 17 years of age or over.

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

(Source: P.A. 102-567, eff. 1-1-22.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.