093_SB0406enr

 
SB406 Enrolled                       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  person   who   initially   consents   to   sexual
22    penetration or sexual conduct is not deemed to have consented
23    to any sexual penetration or sexual conduct that occurs after
24    he  or she withdraws consent during the course of that sexual
25    penetration or sexual conduct.
26    (Source: P.A. 87-438; 87-457; 87-895.)

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