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90_HB3044
720 ILCS 5/12-16 from Ch. 38, par. 12-16
Amends the Criminal Code of 1961. Provides that
aggravated criminal sexual abuse is a Class 1 felony if the
offense was committed by the use of force (now aggravated
criminal sexual abuse is a Class 2 felony).
LRB9008526RCdv
LRB9008526RCdv
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-16.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 12-16 as follows:
7 (720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
8 Sec. 12-16. Aggravated Criminal Sexual Abuse.
9 (a) The accused commits aggravated criminal sexual abuse
10 if he or she commits criminal sexual abuse as defined in
11 subsection (a) of Section 12-15 of this Code and any of the
12 following aggravating circumstances existed during the
13 commission of the offense:
14 (1) the accused displayed, threatened to use or
15 used a dangerous weapon or any object fashioned or
16 utilized in such a manner as to lead the victim under the
17 circumstances reasonably to believe it to be a dangerous
18 weapon; or
19 (2) the accused caused bodily harm to the victim;
20 or
21 (3) the victim was 60 years of age or over when the
22 offense was committed; or
23 (4) the victim was a physically handicapped person;
24 or
25 (5) the accused acted in such a manner as to
26 threaten or endanger the life of the victim or any other
27 person; or
28 (6) the criminal sexual abuse was perpetrated
29 during the course of the commission or attempted
30 commission of any other felony by the accused.
31 (b) The accused commits aggravated criminal sexual abuse
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1 if he or she commits an act of sexual conduct with a victim
2 who was under 18 years of age when the act was committed and
3 the accused was a family member.
4 (c) The accused commits aggravated criminal sexual abuse
5 if:
6 (1) the accused was 17 years of age or over and (i)
7 commits an act of sexual conduct with a victim who was
8 under 13 years of age when the act was committed; or (ii)
9 commits an act of sexual conduct with a victim who was at
10 least 13 years of age but under 17 years of age when the
11 act was committed and the accused used force or threat of
12 force to commit the act; or
13 (2) the accused was under 17 years of age and (i)
14 commits an act of sexual conduct with a victim who was
15 under 9 years of age when the act was committed; or (ii)
16 commits an act of sexual conduct with a victim who was at
17 least 9 years of age but under 17 years of age when the
18 act was committed and the accused used force or threat of
19 force to commit the act.
20 (d) The accused commits aggravated criminal sexual abuse
21 if he or she commits an act of sexual penetration or sexual
22 conduct with a victim who was at least 13 years of age but
23 under 17 years of age and the accused was at least 5 years
24 older than the victim.
25 (e) The accused commits aggravated criminal sexual abuse
26 if he or she commits an act of sexual conduct with a victim
27 who was an institutionalized severely or profoundly mentally
28 retarded person at the time the act was committed.
29 (f) The accused commits aggravated criminal sexual abuse
30 if he or she commits an act of sexual conduct with a victim
31 who was at least 13 years of age but under 18 years of age
32 when the act was committed and the accused was 17 years of
33 age or over and held a position of trust, authority or
34 supervision in relation to the victim.
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1 (g) Sentence. Aggravated criminal sexual abuse is a
2 Class 2 felony. Aggravated criminal sexual abuse is a Class
3 1 felony if force was used in the commission of the offense.
4 (Source: P.A. 88-99; 89-586, eff. 7-31-96.)