Full Text of HB1752 94th General Assembly
HB1752ham002 94TH GENERAL ASSEMBLY
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Rep. Monique D. Davis
Filed: 5/18/2005
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09400HB1752ham002 |
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LRB094 07551 RLC 46811 a |
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| AMENDMENT TO HOUSE BILL 1752
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| AMENDMENT NO. ______. Amend House Bill 1752 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by | 5 |
| changing Sections 12-13, 12-14, 12-14.1, 12-15, 12-16, and | 6 |
| 12-33 as follows:
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| (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
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| Sec. 12-13. Criminal Sexual Assault.
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| (a) The accused commits criminal sexual assault if he or | 10 |
| she:
| 11 |
| (1) commits an act of sexual penetration by the use of | 12 |
| force or threat of
force; or
| 13 |
| (2) commits an act of sexual penetration and the | 14 |
| accused knew that the
victim was unable to understand the | 15 |
| nature of the act or was unable to give
knowing consent; or
| 16 |
| (3) commits an act of sexual penetration with a victim | 17 |
| who was under 18
years of age when the act was committed | 18 |
| and the accused was a family
member; or
| 19 |
| (4) commits an act of sexual penetration with a victim | 20 |
| who was at
least 13 years of age but under 18 years of age | 21 |
| when the act was committed
and the accused was 17 years of | 22 |
| age or over and held a position of trust,
authority or | 23 |
| supervision in relation to the victim.
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| (b) Sentence.
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LRB094 07551 RLC 46811 a |
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| (1) Criminal sexual assault is an unclassified felony | 2 |
| for which a term of natural life imprisonment shall be | 3 |
| imposed
a Class 1 felony .
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| (2) (Blank)
A person who is convicted of the offense of | 5 |
| criminal sexual assault as
defined in paragraph (a)(1) or | 6 |
| (a)(2) after having previously been convicted of
the | 7 |
| offense of criminal sexual assault, or who is convicted of | 8 |
| the offense of
criminal sexual assault as defined in | 9 |
| paragraph (a)(1) or (a)(2) after having
previously been | 10 |
| convicted under the laws of this State or any other state | 11 |
| of an
offense that is substantially equivalent to the | 12 |
| offense of criminal sexual
assault, commits a Class X | 13 |
| felony for which the person shall be sentenced to a
term of | 14 |
| imprisonment of not less than 30 years and not more than 60 | 15 |
| years. The
commission of the second or subsequent offense | 16 |
| is required to have been after
the initial conviction for | 17 |
| this paragraph (2) to apply .
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| (3) (Blank)
A person who is convicted of the offense of | 19 |
| criminal sexual assault as
defined in paragraph (a)(1) or | 20 |
| (a)(2) after having previously been convicted of
the | 21 |
| offense of aggravated criminal sexual assault or the | 22 |
| offense of predatory
criminal sexual assault of a child, or | 23 |
| who is convicted of the offense of
criminal sexual assault | 24 |
| as defined in paragraph (a)(1) or (a)(2) after having
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| previously been convicted under the laws of this State or | 26 |
| any other state of an
offense that is substantially | 27 |
| equivalent to the offense of aggravated criminal
sexual | 28 |
| assault or the offense of criminal predatory sexual assault | 29 |
| shall be
sentenced to a term of natural life imprisonment. | 30 |
| The commission of the second
or subsequent offense is | 31 |
| required to have been after the initial conviction for
this | 32 |
| paragraph (3) to apply .
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| (4) (Blank)
A second or subsequent conviction for a | 34 |
| violation of paragraph
(a)(3) or (a)(4) or under any |
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09400HB1752ham002 |
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LRB094 07551 RLC 46811 a |
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| similar statute of this State
or any other state for any | 2 |
| offense involving criminal sexual assault that is
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| substantially equivalent to or more serious than the sexual | 4 |
| assault prohibited
under paragraph (a)(3) or (a)(4) is a | 5 |
| Class X felony .
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| (5) (Blank)
When a person has any such prior | 7 |
| conviction, the information or
indictment charging that | 8 |
| person shall state such prior conviction so as to give
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| notice of the State's intention to treat the charge as a | 10 |
| Class X felony. The
fact of such prior conviction is not an | 11 |
| element of the offense and may not be
disclosed to the jury | 12 |
| during trial unless otherwise permitted by issues
properly | 13 |
| raised during such trial .
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| (Source: P.A. 90-396, eff. 1-1-98.)
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| (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
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| Sec. 12-14. Aggravated Criminal Sexual Assault.
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| (a) The accused commits
aggravated criminal sexual assault | 18 |
| if he or she commits criminal sexual
assault and any of the | 19 |
| following aggravating circumstances existed during, or
for the | 20 |
| purposes of paragraph (7) of this subsection (a)
as part of the | 21 |
| same course of conduct as, the commission of the offense:
| 22 |
| (1) the accused displayed, threatened to use, or used a | 23 |
| dangerous
weapon, other than a firearm, or any object | 24 |
| fashioned or utilized in such a
manner as to lead the | 25 |
| victim under the circumstances reasonably to believe it
to | 26 |
| be a dangerous weapon; or
| 27 |
| (2) the accused caused bodily harm, except as provided | 28 |
| in subsection
(a)(10), to the victim; or
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| (3) the accused acted in such a manner as to threaten | 30 |
| or endanger the
life of the victim or any other person; or
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| (4) the criminal sexual assault was perpetrated during | 32 |
| the course of
the commission or attempted commission of any | 33 |
| other felony by the accused; or
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| (5) the victim was 60 years of age or over when the | 2 |
| offense was committed;
or
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| (6) the victim was a physically handicapped person; or
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| (7) the accused delivered (by injection, inhalation, | 5 |
| ingestion, transfer
of possession, or any other means) to | 6 |
| the victim without his or her consent, or
by threat or | 7 |
| deception, and for other than medical purposes, any | 8 |
| controlled
substance; or
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| (8) the accused was armed with a firearm; or
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| (9) the accused personally discharged a firearm during | 11 |
| the commission of
the offense; or
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| (10) the accused, during the commission of the offense, | 13 |
| personally
discharged a firearm that proximately caused | 14 |
| great bodily harm, permanent
disability, permanent | 15 |
| disfigurement, or death to another person.
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| (b) The accused commits aggravated criminal sexual assault | 17 |
| if
the accused was under 17 years of age and (i) commits an act | 18 |
| of
sexual penetration with a victim who was under 9 years of | 19 |
| age when the act
was committed; or (ii) commits an act of | 20 |
| sexual penetration with a victim
who was at least 9 years of | 21 |
| age but under 13 years of age when the act was
committed and | 22 |
| the accused used force or threat of force to commit the act.
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| (c) The accused commits aggravated criminal sexual assault | 24 |
| if he or
she commits an act of sexual penetration with a victim | 25 |
| who was a severely or
profoundly mentally retarded person at | 26 |
| the
time the act was committed.
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| (d) Sentence.
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| (1) Aggravated criminal sexual assault is an | 29 |
| unclassified felony for which a term of natural life | 30 |
| imprisonment shall be imposed
in violation of paragraph
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| (2), (3), (4), (5), (6), or (7) of subsection (a) or in | 32 |
| violation of
subsection (b) or
(c) is a Class X felony.
A | 33 |
| violation of subsection (a)(1) is a Class X felony for | 34 |
| which 10 years shall
be added to the term of imprisonment |
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| imposed by the court. A violation of
subsection (a)(8) is a | 2 |
| Class X felony for which 15 years shall be added to the
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| term of imprisonment imposed by the court. A violation of
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| subsection (a)(9) is a Class X felony for which 20 years | 5 |
| shall be added to the
term of imprisonment imposed by the | 6 |
| court. A violation of subsection (a)(10) is
a Class X | 7 |
| felony for which 25 years or up to a term of natural life
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| imprisonment shall be added to
the term of imprisonment | 9 |
| imposed by the court .
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| (2) (Blank)
A person who is convicted of a second or | 11 |
| subsequent offense of
aggravated criminal sexual assault, | 12 |
| or who is convicted of the offense of
aggravated
criminal | 13 |
| sexual assault after having previously been convicted of | 14 |
| the offense
of criminal sexual assault or the offense of | 15 |
| predatory criminal sexual assault
of a child, or who is | 16 |
| convicted of the offense of aggravated criminal sexual
| 17 |
| assault after having previously been convicted under the | 18 |
| laws of this or any
other state of an offense that is | 19 |
| substantially equivalent to the offense of
criminal sexual
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| assault, the offense of aggravated criminal sexual assault | 21 |
| or the offense of
predatory criminal sexual assault of a | 22 |
| child, shall be sentenced to a term of
natural life | 23 |
| imprisonment.
The commission of the second or subsequent | 24 |
| offense is required to have been
after the initial | 25 |
| conviction for this paragraph (2) to apply .
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| (Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02; 92-502, | 27 |
| eff.
12-19-01; 92-721, eff. 1-1-03.)
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| (720 ILCS 5/12-14.1)
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| Sec. 12-14.1. Predatory criminal sexual assault of a child.
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| (a) The accused commits predatory criminal sexual assault | 31 |
| of a
child if:
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| (1) the accused was 17 years of age or over and commits | 33 |
| an act of sexual
penetration with a victim who was under 13 |
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| years of age when the act was
committed; or
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| (1.1) the accused was 17 years of age or over and, | 3 |
| while armed with a
firearm, commits an act of sexual | 4 |
| penetration with a victim who was under 13
years of age | 5 |
| when the act was committed; or
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| (1.2) the accused was 17 years of age or over and | 7 |
| commits an act of sexual
penetration with a victim who was | 8 |
| under 13 years of age when the act was
committed and, | 9 |
| during the commission of the offense, the accused | 10 |
| personally
discharged a firearm; or
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| (2) the accused was 17 years of age or over and commits | 12 |
| an act
of sexual
penetration with a victim who was under 13 | 13 |
| years of age when the act was
committed and the accused | 14 |
| caused great bodily harm to the victim that:
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| (A) resulted in permanent disability; or
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| (B) was life threatening; or
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| (3) the accused was 17 years of age or over and commits | 18 |
| an act of
sexual penetration with a victim who was under 13 | 19 |
| years of age when the act was
committed and the accused | 20 |
| delivered (by injection, inhalation, ingestion,
transfer | 21 |
| of possession, or any other means) to the victim without | 22 |
| his or her
consent, or by threat or deception,
and for | 23 |
| other than medical
purposes, any
controlled substance.
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| (b) Sentence.
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| (1) A person convicted of a violation of this Section
| 26 |
| subsection (a)(1)
commits an unclassified felony for which | 27 |
| a term of natural life imprisonment shall be imposed
a | 28 |
| Class X felony.
A person convicted of a violation of | 29 |
| subsection (a)(1.1) commits a Class X
felony for which 15 | 30 |
| years shall be added to the term of imprisonment imposed by
| 31 |
| the court. A person convicted of a violation of subsection | 32 |
| (a)(1.2) commits a
Class X felony for which 20 years shall | 33 |
| be added to the term of imprisonment
imposed by the court. | 34 |
| A person convicted of a violation of subsection (a)(2)
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LRB094 07551 RLC 46811 a |
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| commits a Class X felony for which the person shall be | 2 |
| sentenced to a term of
imprisonment of not less than 50 | 3 |
| years or up to a term of natural life
imprisonment .
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| (1.1) (Blank)
A person convicted of a violation of | 5 |
| subsection (a)(3) commits a
Class X felony for which the | 6 |
| person
shall be
sentenced to a
term of imprisonment of not | 7 |
| less than 50 years and not more than 60 years .
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| (1.2) (Blank)
A person convicted of predatory criminal | 9 |
| sexual assault of a child
committed
against 2 or more | 10 |
| persons regardless of whether the offenses occurred as the
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| result of the same act or of several related or unrelated | 12 |
| acts shall be
sentenced to a term of natural life | 13 |
| imprisonment .
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| (2) (Blank)
A person who is convicted of a second or | 15 |
| subsequent offense of
predatory criminal sexual assault of | 16 |
| a child, or who is convicted of the
offense of
predatory | 17 |
| criminal sexual assault of a child after having previously | 18 |
| been
convicted of the offense of criminal sexual assault or | 19 |
| the offense of
aggravated criminal sexual assault, or who | 20 |
| is convicted of the offense of
predatory criminal sexual | 21 |
| assault of a child after having previously been
convicted | 22 |
| under the laws of this State
or any other state of an | 23 |
| offense that is substantially equivalent to the
offense
of | 24 |
| predatory criminal sexual assault of a child, the offense | 25 |
| of aggravated
criminal sexual assault or the offense of | 26 |
| criminal sexual assault, shall be
sentenced to a term of | 27 |
| natural life imprisonment.
The commission of the second or | 28 |
| subsequent offense is required to have been
after the | 29 |
| initial conviction for this paragraph (2) to apply .
| 30 |
| (Source: P.A. 91-238, eff. 1-1-00;
91-404, eff. 1-1-00; 92-16, | 31 |
| eff. 6-28-01.)
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| (720 ILCS 5/12-15) (from Ch. 38, par. 12-15)
| 33 |
| Sec. 12-15. Criminal sexual abuse.
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LRB094 07551 RLC 46811 a |
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| (a) The accused commits criminal sexual abuse if he or she:
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| (1) commits an act of sexual conduct by the use of | 3 |
| force or threat of
force; or
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| (2) commits an act of sexual conduct and the accused
| 5 |
| knew that the victim was unable to understand the nature of | 6 |
| the act or
was unable to give knowing consent.
| 7 |
| (b) The accused commits criminal sexual abuse if
the | 8 |
| accused was under 17 years of age and commits an act of sexual
| 9 |
| penetration or sexual conduct with a victim who was at least 9 | 10 |
| years of age
but under 17 years of age when the act was | 11 |
| committed.
| 12 |
| (c) The accused commits criminal sexual abuse if he or she | 13 |
| commits an
act of sexual penetration or sexual conduct with a | 14 |
| victim who was at least
13 years of age but under 17 years of | 15 |
| age and the accused was less than 5
years older than the | 16 |
| victim.
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| (d) Sentence. Criminal sexual abuse
for a violation of | 18 |
| subsection (b) or
(c) of this Section
is a Class A misdemeanor.
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| Criminal sexual abuse for a violation of paragraph (1) or (2)
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| of subsection (a) of this Section is an unclassified felony for | 21 |
| which a term of natural life imprisonment shall be imposed
a | 22 |
| Class 4 felony.
A second
or subsequent conviction
for a | 23 |
| violation of subsection (a) of this Section is a Class 2 | 24 |
| felony.
For purposes of this
Section it is a second or | 25 |
| subsequent conviction if
the accused has at any
time been | 26 |
| convicted under this Section or under any similar statute of | 27 |
| this
State or any other state for any offense involving sexual | 28 |
| abuse or sexual
assault that is substantially equivalent to or | 29 |
| more serious than the sexual
abuse prohibited under this | 30 |
| Section .
| 31 |
| (Source: P.A. 91-389, eff. 1-1-00.)
| 32 |
| (720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
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| Sec. 12-16. Aggravated Criminal Sexual Abuse.
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LRB094 07551 RLC 46811 a |
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| (a) The accused commits aggravated criminal sexual abuse if | 2 |
| he or she
commits criminal sexual abuse as defined in | 3 |
| subsection (a) of Section 12-15
of this Code and any of the | 4 |
| following aggravating
circumstances existed during, or for the | 5 |
| purposes of paragraph (7) of this
subsection (a) as part of the | 6 |
| same course of conduct as, the commission of
the
offense:
| 7 |
| (1) the accused displayed, threatened to use or used a | 8 |
| dangerous weapon
or any object fashioned or utilized in | 9 |
| such a manner as to lead the victim
under the circumstances | 10 |
| reasonably to believe it to be a dangerous weapon; or
| 11 |
| (2) the accused caused bodily harm to the victim; or
| 12 |
| (3) the victim was 60 years of age or over when the | 13 |
| offense was committed;
or
| 14 |
| (4) the victim was a physically handicapped person; or
| 15 |
| (5) the accused acted in such a manner as to threaten | 16 |
| or endanger the
life of the victim or any other person; or
| 17 |
| (6) the criminal sexual abuse was perpetrated during | 18 |
| the course of the
commission or attempted commission of any | 19 |
| other felony by the accused; or
| 20 |
| (7) the accused delivered (by injection, inhalation, | 21 |
| ingestion, transfer
of possession, or any other means) to | 22 |
| the victim without his or her consent, or
by threat or | 23 |
| deception,
and for other than medical
purposes, any
| 24 |
| controlled substance.
| 25 |
| (b) The accused commits aggravated criminal sexual abuse if | 26 |
| he or she
commits an act of sexual conduct with a victim who | 27 |
| was under 18
years of age when the act was committed
and the | 28 |
| accused was a family member.
| 29 |
| (c) The accused commits aggravated criminal sexual abuse | 30 |
| if:
| 31 |
| (1) the accused was 17 years of age or over and (i) | 32 |
| commits an act of
sexual
conduct with a victim who was | 33 |
| under 13 years of age when the
act was committed; or
(ii) | 34 |
| commits an act of sexual conduct with a victim who was at |
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LRB094 07551 RLC 46811 a |
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| least 13
years of age but under 17 years of age when the | 2 |
| act was committed and the
accused used force or threat of | 3 |
| force to commit the act; or
| 4 |
| (2) the accused was under 17 years of age and (i) | 5 |
| commits an act of
sexual conduct with a victim who was | 6 |
| under 9 years of age when the act was
committed; or (ii) | 7 |
| commits an act of sexual conduct with a victim who was
at | 8 |
| least 9 years of age but under 17 years of age when the act | 9 |
| was
committed and the accused used force or threat of force | 10 |
| to commit the act.
| 11 |
| (d) The accused commits aggravated criminal sexual abuse if | 12 |
| he or she
commits an act of sexual penetration or sexual | 13 |
| conduct with a victim
who was at least 13
years of age but | 14 |
| under 17 years of age and the accused was at least 5 years
| 15 |
| older than the victim.
| 16 |
| (e) The accused commits aggravated criminal sexual abuse if | 17 |
| he or she
commits an act of sexual conduct with a victim who | 18 |
| was a
severely or profoundly mentally retarded person at the | 19 |
| time the act was
committed.
| 20 |
| (f) The accused commits aggravated criminal sexual abuse if
| 21 |
| he or she commits an act of sexual conduct with a victim who | 22 |
| was at least
13 years of age but under 18 years of age when the | 23 |
| act was committed and
the accused was 17 years of age or over | 24 |
| and held a position of trust,
authority or supervision in | 25 |
| relation to the victim.
| 26 |
| (g) Sentence. Aggravated criminal sexual abuse is an | 27 |
| unclassified felony for which a term of natural life | 28 |
| imprisonment shall be imposed
a Class 2 felony .
| 29 |
| (Source: P.A. 92-434, eff. 1-1-02.)
| 30 |
| (720 ILCS 5/12-33) (from Ch. 38, par. 12-33)
| 31 |
| Sec. 12-33. Ritualized abuse of a child.
| 32 |
| (a) A person is guilty of ritualized abuse of a child when | 33 |
| he or she
commits any of the following acts with, upon, or in |
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| the presence of a child
as part of a ceremony, rite or any | 2 |
| similar observance:
| 3 |
| (1) actually or in simulation, tortures, mutilates, or | 4 |
| sacrifices any
warm-blooded animal or human being;
| 5 |
| (2) forces ingestion, injection or other application | 6 |
| of any narcotic,
drug, hallucinogen or anaesthetic for the | 7 |
| purpose of dulling sensitivity,
cognition, recollection | 8 |
| of, or resistance to any criminal activity;
| 9 |
| (3) forces ingestion, or external application, of | 10 |
| human or animal
urine, feces, flesh, blood, bones, body | 11 |
| secretions, nonprescribed drugs or
chemical compounds;
| 12 |
| (4) involves the child in a mock, unauthorized or | 13 |
| unlawful marriage
ceremony with another person or | 14 |
| representation of any force or deity,
followed by sexual | 15 |
| contact with the child;
| 16 |
| (5) places a living child into a coffin or open grave | 17 |
| containing a
human corpse or remains;
| 18 |
| (6) threatens death or serious harm to a child, his or | 19 |
| her parents, family,
pets, or friends that instills a | 20 |
| well-founded fear in the child that the
threat will be | 21 |
| carried out; or
| 22 |
| (7) unlawfully dissects, mutilates, or incinerates a | 23 |
| human corpse.
| 24 |
| (b) The provisions of this Section shall not be construed | 25 |
| to apply to:
| 26 |
| (1) lawful agricultural, animal husbandry, food | 27 |
| preparation, or wild
game hunting and fishing practices and | 28 |
| specifically the branding or
identification of livestock;
| 29 |
| (2) the lawful medical practice of male circumcision or | 30 |
| any ceremony
related to male circumcision;
| 31 |
| (3) any state or federally approved, licensed, or | 32 |
| funded research project;
or
| 33 |
| (4) the ingestion of animal flesh or blood in the | 34 |
| performance of a
religious service or ceremony.
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| (c) Ritualized abuse of a child is an unclassified felony | 2 |
| for which a term of natural life imprisonment shall be imposed
| 3 |
| a Class 1 felony for a first
offense. A second or subsequent | 4 |
| conviction for ritualized abuse of a child
is a Class X felony | 5 |
| for which the offender may be sentenced to a term of
natural | 6 |
| life imprisonment .
| 7 |
| (d) For the purposes of this Section, "child" means any | 8 |
| person under 18
years of age.
| 9 |
| (Source: P.A. 90-88, eff. 1-1-98.)".
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