HB4175 96TH GENERAL ASSEMBLY

LRB096 01993 RLC 12004 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4175

Introduced 2/27/2009, by Rep. Roger L. Eddy

SYNOPSIS AS INTRODUCED:

720 ILCS 5/11-11	from Ch. 38, par. 11-11
720 ILCS 5/12-12	from Ch. 38, par. 12-12

Amends the Criminal Code of 1961. Includes uncles and aunts in the definition of "family member". In the offense of sexual relations within families, includes an act of sexual penetration with an uncle or aunt, when the nephew or niece, regardless of legitimacy and regardless of whether the nephew or niece was of the whole blood or half-blood or was adopted, was 18 years of age or over when the act was committed.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

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 1961 is amended by changing Sections 11-11 and 12-12 as follows:

(720 ILCS 5/11-11) (from Ch. 38, par. 11-11)

Sec. 11-11. Sexual Relations Within Families. (a) A person commits sexual relations within families if he or she:

(1) Commits an act of sexual penetration as defined in Section 12-12 of this Code; and

(2) The person knows that he or she is related to the other person as follows: (i) Brother or sister, either of the whole blood or the half blood; or (ii) Father or mother, when the child, regardless of legitimacy and regardless of whether the child was of the whole blood or half-blood or was adopted, was 18 years of age or over when the act was committed; or (iii) Stepfather or stepmother, when the stepchild was 18 years of age or over when the act was committed; or (iv) Uncle or aunt, when the nephew or niece, regardless of legitimacy and regardless of whether the nephew or niece was of the whole blood or half-blood or was adopted, was 18 years of age or over when the act was committed.

(b) Sentence. Sexual relations within families is a Class 3 felony.

(Source: P.A. 84-1280.)

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

Sec. 12-12. Definitions. For the purposes of Sections 12-13 through 12-18 of this Code, the terms used in these Sections shall have the following meanings ascribed to them:

(a) "Accused" means a person accused of an offense prohibited by Sections 12-13, 12-14, 12-15 or 12-16 of this Code or a person for whose conduct the accused is legally responsible under Article 5 of this Code.

(b) "Bodily harm" means physical harm, and includes, but is not limited to, sexually transmitted disease, pregnancy and impotence.

(c) "Family member" means a parent, grandparent, uncle, aunt, or child, whether by whole blood, half-blood or adoption and includes a step-grandparent, step-parent or step-child. "Family member" also means, where the victim is a child under 18 years of age, an accused who has resided in the household with such child continuously for at least one year.

(d) "Force or threat of force" means the use of force or violence, or the threat of force or violence, including but not limited to the following situations:

(1) when the accused threatens to use force or violence on the victim or on any other person, and the victim under the circumstances reasonably believed that the accused had the ability to execute that threat; or

(2) when the accused has overcome the victim by use of superior strength or size, physical restraint or physical confinement.

(e) "Sexual conduct" means any intentional or knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.

(f) "Sexual penetration" means any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including but not limited to cunnilingus, fellatio or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.

(g) "Victim" means a person alleging to have been subjected to an offense prohibited by Sections 12-13, 12-14, 12-15 or 12-16 of this Code.

(Source: P.A. 91-116, eff. 1-1-00.)