Illinois Compiled Statutes - Full Text

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Illinois Compiled Statutes - Full Text

Illinois Compiled Statutes (ILCS)

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105 ILCS 5/27-1010

    (105 ILCS 5/27-1010) (was 105 ILCS 5/27-9.1b)
    Sec. 27-1010. Consent education.
    (a) In this Section:
    "Age and developmentally appropriate" has the meaning ascribed to that term in Section 27-1015 of this Code.
    "Consent" has the meaning ascribed to that term in Section 27-1015 of this Code.
    (b) A school district may provide age and developmentally appropriate consent education in kindergarten through the 12th grade.
        (1) In kindergarten through the 5th grade,
    
instruction and materials shall include age and developmentally appropriate instruction on consent and how to give and receive consent, including a discussion that includes, but is not limited to, all of the following:
            (A) Setting appropriate physical boundaries with
        
others.
            (B) Respecting the physical boundaries of others.
            (C) The right to refuse to engage in behaviors or
        
activities that are uncomfortable or unsafe.
            (D) Dealing with unwanted physical contact.
            (E) Helping a peer deal with unwanted physical
        
contact.
        (2) In the 6th through 12th grades, instruction and
    
materials shall include age and developmentally appropriate instruction on consent and how to give and receive consent, including a discussion that includes, but is not limited to, all of the following:
            (A) That consent is a freely given agreement to
        
sexual activity.
            (B) That consent to one particular sexual
        
activity does not constitute consent to other types of sexual activities.
            (C) That a person's lack of verbal or physical
        
resistance or submission resulting from the use or threat of force does not constitute consent.
            (D) That a person's manner of dress does not
        
constitute consent.
            (E) That a person's consent to past sexual
        
activity does not constitute consent to future sexual activity.
            (F) That a person's consent to engage in sexual
        
activity with one person does not constitute consent to engage in sexual activity with another person.
            (G) That a person can withdraw consent at any
        
time.
            (H) That a person cannot consent to sexual
        
activity if that person is unable to understand the nature of the activity or give knowing consent due to certain circumstances that include, but are not limited to:
                (i) the person is incapacitated due to the
            
use or influence of alcohol or drugs;
                (ii) the person is asleep or unconscious;
                (iii) the person is a minor; or
                (iv) the person is incapacitated due to a
            
mental disability.
            (I) The legal age of consent in this State.
(Source: P.A. 104-391, eff. 8-15-25.)