Mount Prospect Criminal Sexual Assault Lawyer

Sex crimes are among the most distressing criminal charges. Criminal sexual abuse and criminal sexual assault are two very serious sex offenses in Illinois. Certain aggravating factors can upgrade sex offenses from misdemeanors to felony charges.

Any person who is accused of committing a criminal sexual abuse or criminal sexual assault crime will want to be sure to retain legal counsel as soon as possible. Make sure that you are working with an experienced Mount Prospect criminal defense lawyer when you are facing an allegation of a sex crime.

Criminal Sexual Abuse Charges in Illinois

Under 720 Illinois Compiled Statute (ILCS) § 5/11-1.50, a person commits criminal sexual abuse if they:

• commit an act of sexual conduct by the use of force or threat of force
• commit an act of sexual conduct and knows that the alleged victim is unable to understand the nature of the act or unable to give knowing consent
• are under 17 years of age and commit an act of sexual penetration or sexual conduct with an alleged victim who is at least 9 years of age but under 17 years of age
• commit an act of sexual penetration or sexual conduct with an alleged victim who is at least 13 years of age but under 17 years of age and the alleged offender is less than 5 years older than the alleged victim

Criminal sexual abuse for a violation of 720 ILCS § 5/11-1.50(b) or 720 ILCS § 5/11-1.50(c) is a Class A misdemeanor, but criminal sexual abuse for a violation of 720 ILCS § 5/11-1.50(a)(1) or 720 ILCS § 5/11-1.50(a)(2) is a Class 4 felony. A second or subsequent conviction for a violation of 720 ILCS § 5/11-1.50(a) is a Class 2 felony. It will be a second or subsequent conviction when an alleged offender has at any time been convicted for any offense involving sexual abuse or sexual assault that is substantially equivalent to or more serious than the sexual abuse prohibited by this Section.

It is important to understand that 720 ILCS § 5/12-16 establishes that a person commits aggravated criminal sexual abuse when they commit criminal sexual abuse and any of the following aggravating circumstances existed during, or as part of the same course of conduct as, the commission of the offense:

• the alleged offender displayed, threatened to use, or used a dangerous weapon or any object fashioned or utilized in such a manner as to lead the victim under the circumstances reasonably to believe it to be a dangerous weapon
• the alleged offender caused bodily harm to the alleged victim
• the alleged victim was 60 years of age or over when the alleged offense was committed
• the alleged victim was a physically handicapped person
• the alleged offender acted in such a manner as to threaten or endanger the life of the alleged victim or any other person
• the criminal sexual abuse was perpetrated during the course of the commission or attempted commission of another felony by the alleged offender
• the alleged offender delivered (by injection, inhalation, ingestion, transfer of possession, or any other means) to the alleged victim without their consent, or by threat or deception, and for other than medical purposes, any controlled substance

An alleged offender commits aggravated criminal sexual abuse if they commit an act of sexual conduct with an alleged victim who was under 18 years of age when the act was committed and the alleged offender was a family member. An alleged offender commits aggravated criminal sexual abuse if:

• the alleged offender was 17 years of age or over and commits an act of sexual conduct with an alleged victim who was under 13 years of age when the alleged act was committed, or commits an act of sexual conduct with a victim who was at least 13 years of age but under 17 years of age when the alleged act was committed and the accused used force or threat of force to commit the act
• the alleged offender was under 17 years of age and commits an act of sexual conduct with an alleged victim who was under 9 years of age when the alleged act was committed, or commits an act of sexual conduct with an alleged victim who was at least 9 years of age but under 17 years of age when the alleged act was committed and the accused used force or threat of force to commit the act

The alleged offender commits aggravated criminal sexual abuse if they commit an act of sexual penetration or sexual conduct with an alleged victim who was at least 13 years of age but under 17 years of age and the alleged offender was at least five years older than the alleged victim. The alleged offender commits aggravated criminal sexual abuse if they commit an act of sexual conduct with an alleged victim who was a severely or profoundly mentally retarded person at the time the act was committed.

An alleged offender commits aggravated criminal sexual abuse if they commit an act of sexual conduct with an alleged victim who was at least 13 years of age but under 18 years of age when the act was committed and the alleged offender was 17 years of age or over and held a position of trust, authority or supervision in relation to the alleged victim. Aggravated criminal sexual abuse is a Class 2 felony.

Criminal penalties for these offenses are as follows in Illinois:

• Class A Misdemeanor — Up to 364 days in jail and/or a fine of up to $2,500
• Class 4 Felony — Up to three years in prison and/or a fine of up to $25,000
• Class 2 Felony — Up to seven years in prison and/or a fine of up to $25,000

Criminal Sexual Assault Charges in Illinois

Under 720 Illinois Compiled Statute (ILCS) § 5/C1-1.20, a person commits criminal sexual assault if they commit an act of sexual penetration and:

• use force or threat of force
• know that the alleged victim is unable to understand the nature of the act or is unable to give knowing consent
• is a family member of the alleged victim, and the alleged victim is under 18 years of age
• is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the alleged victim, and the alleged victim is at least 13 years of age but under 18 years of age.

Criminal sexual assault is a Class 1 felony, except that a person who is convicted of the offense of criminal sexual assault after having previously been convicted of criminal sexual assault or exploitation of a child, or who is convicted of criminal sexual assault after having previously been convicted for criminal sexual assault or exploitation of a child commits a Class X felony for which the alleged offender must be sentenced to a term of imprisonment of not less than 30 years and not more than 60 years, unless the alleged offender is under the age of 18 years at the time of the offense.

A person who has attained 18 years of age at the time of the commission of an offense and who is convicted of the offense of criminal sexual assault after having previously been convicted of an offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of criminal sexual assault after having previously been convicted of an offense substantially equivalent to aggravated criminal sexual assault or predatory criminal sexual assault of a child must be sentenced to a term of natural life imprisonment. The commission of a second or subsequent offense is required to have been after an initial conviction for paragraph (B) to apply.

An alleged offender under 18 years of age at the time of the commission of an offense covered by this subparagraph (B) must be sentenced under Section 5-4.5-105 of the Unified Code of Corrections. A second or subsequent conviction for a violation of paragraph (a)(3) or (a)(4) or any similar statute of Illinois or any other state for any offense involving criminal sexual assault that is substantially equivalent to or more serious than the sexual assault prohibited under paragraph (a)(3) or (a)(4) is a Class X felony.

Under 720 ILCS 5/11-1.30, a person commits aggravated criminal sexual assault if they commit criminal sexual assault and any of the following aggravating circumstances exist during the commission of the offense or, for purposes of paragraph (7), occur as part of the same course of conduct as the commission of the offense:

• the alleged offender displays, threatens to use, or uses a dangerous weapon, other than a firearm, or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon
• the alleged offender causes bodily harm to the victim, except as provided in paragraph (10)
• the alleged offender acts in a manner that threatens or endangers the life of the alleged victim or any other person
• the alleged offender commits the criminal sexual assault during the course of committing or attempting to commit any other felony
• the alleged victim is 60 years of age or older
• the alleged victim is a person with a physical disability
• the alleged offender delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim’s consent or by threat or deception for other than medical purposes
• the alleged offender is armed with a firearm
• the alleged offender personally discharges a firearm during the commission of the offense
• the alleged offender personally discharges a firearm during the commission of the offense, and that discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.

A person commits aggravated criminal sexual assault if they are under 17 years of age and commit an act of sexual penetration with a victim who is under 9 years of age, or commit an act of sexual penetration with a victim who is at least 9 years of age but under 13 years of age and the person uses force or threat of force to commit the act. A person commits aggravated criminal sexual assault if they commit an act of sexual penetration with a victim who is a person with a severe or profound intellectual disability.

Aggravated criminal sexual assault in violation of paragraph (2), (3), (4), (5), (6), or (7) of subsection (a) or in violation of subsection (b) or (c) is a Class X felony. A violation of subsection (a)(1) is a Class X felony for which 10 years must be added to the term of imprisonment.

A violation of subsection (a)(8) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the Court. A violation of subsection (a)(9) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the Court.

A violation of subsection (a)(10) is a Class X felony for which 25 years or up to a term of natural life imprisonment shall be added to the term of imprisonment imposed by the court. An alleged offender under the age of 18 years at the time of the commission of aggravated criminal sexual assault in violation of paragraphs (1) through (10) of subsection (a) must be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.

A person who has attained the age of 18 years at the time of the commission of an alleged offense and is convicted of a second or subsequent offense of aggravated criminal sexual assault, or is convicted of the offense of aggravated criminal sexual assault after having previously been convicted of the offense of criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted under the laws of this or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault, the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply.

Contact Our Mount Prospect Criminal Defense Attorney

If you are facing charges for criminal sexual abuse or criminal sexual assault anywhere in Illinois, do not wait to seek legal representation. Villadonga & Villadonga represents individuals throughout Cook County and the surrounding counties.

Our firm consists of a father-daughter legal team with over 50 years of legal experience. You can call 847-298-5740 or contact our Mount Prospect criminal defense attorney online to schedule a free consultation.