Public Act 93-0389

SB406 Enrolled                       LRB093 05718 RLC 05811 b

    AN ACT in relation to 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 Section 12-17 as follows:

    (720 ILCS 5/12-17) (from Ch. 38, par. 12-17)
    Sec. 12-17.  Defenses.
    (a)  It shall be a defense to any offense  under  Section
12-13  through  12-16  of  this Code where force or threat of
force is an element of the offense that the victim consented.
"Consent" means a freely given agreement to the act of sexual
penetration or sexual conduct in question.  Lack of verbal or
physical resistance or submission  by  the  victim  resulting
from the use of force or threat of force by the accused shall
not constitute consent.  The manner of dress of the victim at
the time of the offense shall not constitute consent.
    (b)  It  shall  be  a  defense  under  subsection (b) and
subsection (c) of Section 12-15 and subsection (d) of Section
12-16 of this Code that the accused reasonably  believed  the
person to be 17 years of age or over.
    (c)  A   person   who   initially   consents   to  sexual
penetration or sexual conduct is not deemed to have consented
to any sexual penetration or sexual conduct that occurs after
he or she withdraws consent during the course of that  sexual
penetration or sexual conduct.
(Source: P.A. 87-438; 87-457; 87-895.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.