Illinois General Assembly - Illinois Compiled Statutes

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720 ILCS 5/11-9.1A

(720 ILCS 5/11-9.1A)

Sec. 11-9.1A. Permitting sexual abuse of a child.

(a) A person responsible for a child's welfare commits
permitting sexual
abuse of a child if the person has actual knowledge of and permits an act of
sexual
abuse upon the
child, or permits the child to engage in prostitution as
defined in Section
11-14 of this Code.

    (b) In this Section:
    "Actual knowledge" includes credible allegations made by the child.
    "Child" means a minor under the age of 17 years.

"Person responsible for the child's welfare" means the child's parent,
step-parent, legal guardian, or other person having custody of a child, who is
responsible
for the child's care at the time of the alleged sexual abuse.

"Prostitution" means prostitution as defined in Section 11-14 of this Code.

"Sexual abuse" includes criminal sexual abuse or criminal sexual assault as
defined
in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.

(c) This Section does not apply to a person responsible for the child's
welfare who, having
reason to believe that sexual abuse has occurred, makes timely and reasonable
efforts to
stop the sexual abuse by reporting the sexual abuse in conformance with the
Abused and
Neglected Child Reporting Act or by reporting the sexual abuse, or causing a
report to be made,
to medical or
law enforcement authorities or anyone who is a mandated reporter under Section
4
of the Abused and Neglected Child Reporting Act.

(d) Whenever a law enforcement officer has reason to believe that the child
or the
person responsible for the child's welfare has been abused by a family or
household member as defined by the Illinois Domestic Violence Act of 1986, the
officer
shall immediately use all reasonable means to prevent further abuse under
Section 112A-30 of the Code of Criminal Procedure of 1963.

(e) An order of protection under Section 111-8 of the Code of Criminal
Procedure of 1963 shall be sought in all cases where there is reason to believe
that a child has been sexually abused by a family or household member.  In
considering appropriate available remedies, it shall be presumed that awarding
physical care or custody to the abuser is not in the child's best interest.

(f) A person may not be charged with the offense of permitting sexual abuse
of a child under this Section until the person who committed the offense is
charged with criminal sexual assault, aggravated criminal sexual assault,
predatory
criminal sexual assault of a child, criminal sexual abuse, aggravated
criminal sexual
abuse, or prostitution.

(g) A person convicted of permitting the sexual abuse of a child is
guilty
of a Class 1
felony.
As
a condition of any sentence of supervision, probation, conditional discharge,
or mandatory
supervised release, any person convicted under this Section shall be ordered to
undergo
child sexual abuse, domestic violence, or other appropriate
counseling for a
specified duration with a qualified social or mental health worker.

(h) It is an affirmative defense to a charge of permitting sexual abuse of a
child under this Section that the person responsible for the child's welfare
had
a reasonable apprehension that timely action to stop the abuse or prostitution
would result in the imminent infliction of death, great bodily harm, permanent
disfigurement, or permanent disability to that person or another in retaliation
for reporting.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)