Dupage County Sex Crimes Attorney

Illinois has many laws prohibiting and punishing various criminal sexual acts. The most often charged includes Criminal Sexual Abuse and Criminal Sexual Assault.

Sexual abuse is a broader crime that punishes various forms of sexual conduct. Sexual assault, more commonly referred to as rape, punishes criminal sexual penetration. Penalties for violation of a sex crime law in this state can be extremely severe, especially for repeat offenders. Sex crime laws include:

Criminal Sexual Abuse [720 ILCS 5/11-1.5]

Criminal sexual abuse is defined as committing an act of:

• Sexual conduct using force or the threat of force;
• Sexual conduct with knowledge that victim is unable to understand or give consent;
• Sexual penetration or sexual conduct with a victim between the ages of 9 and 17, with knowledge of his or her age; or
• Sexual penetration or sexual conduct with a victim between the ages of 13 and 17 and is less than 5 years older than the victim.

Criminal sexual abuse is a Class A Misdemeanor punishable by up to 1 year in jail and a fine of up to $25,000.

Aggravated Criminal Sexual Abuse [720 ILCS 5/11-1.6]

Criminal sexual abuse may be elevated to a charge of aggravated sexual abuse if the victims are

• Between the ages of 13-16,
• Older than 60, or
• Disabled or handicapped.

The charges may also be elevated to aggravated criminal sexual abuse if the person:

• Displays, uses, or threatens to use a dangerous weapon;
• Causes bodily harm;
• Endangers or threatens the life of the victim or another person;
• Commits the abuse while committing or attempting to commit another felony; or
• Delivers a controlled substance to the victim without consent or by threat or deception.

Aggravated criminal sexual abuse is a Class 2 Felony, punishable by 7-14 years in prison and a fine of up to $25,000.

Criminal Sexual Assault [720 ILCS 5/11-1.2]

Criminal sexual assault, also commonly referred to as rape, is a serious crime that carries serious consequences upon conviction. Criminal sexual assault is defined as engaging in a penetrative sexual act with another person without consent. Criminal sexual assault may occur if the person:

• Uses force or the threat of force;
• Is a family member of the victim;
• Is 17 or older and holds a position of trust or authority over the victim who is between the ages of 13-18; or
• Knows the victim is incapable of understanding or consenting to the act.

A first-time offense is a Class 1 Felony, punishable by 4-15 years in prison and up to $25,000 in fines. A second or subsequent offense is a Class X Felony, punishable by 30-60 years in prison and up to $25,000 in fines. Given the potential consequences, you need an experienced Chicago sex crimes attorney on your side.

Aggravated Criminal Sexual Assault [720 ILCS 5/11-1.3]

The crime of sexual assault may be elevated to aggravated sexual assault if the person uses a weapon, utters death threats, has previously been convicted of criminal sexual assault, or whose victim is under the age of 8 or mentally disabled.

Aggravated sexual assault is a Class X Felony, punishable by 30-60 years in prison and up to $25,000 in fines.

Predatory Criminal Sexual Assault of a Child [720 ILCS 5/11-1.4]

Sex crimes involving children are incredibly serious and carry heightened penalties for those who are convicted. A person commits predatory criminal sexual assault of a child if:

• They are 17 or older,
• Engage in any sexual contact or penetration,
• With a child under 13.

If convicted of this Class X Felony, you may be sentenced to between 6-60 years in prison.

Child Pornography [720 ILCS 5/11-20.1]

Possession, distribution, and creation of child pornography is aggressively investigated and prosecuted in Chicago. Find out more by clicking here.

Certain behaviors or circumstances are so egregious that the term of imprisonment is increased:

• If a person is armed with a firearm during the sexual assault of a child the term of imprisonment is extended by 15 years;
• If a person discharges a firearm during the sexual assault of a child the term of imprisonment is extended by 20 years;
• If a person causes great bodily harm that results in permanent disability or is life threatening the sentence imposed may be no less than 50 years and can be for life; and
• If a person, without the consent or knowledge of the victim, causes them to ingest or take a controlled substance the term of imprisonment imposed may be no less than 50 years and no more than 60 years.

If the person engaging in the criminal sexual assault of a child is 18 and has prior convictions for sex crimes the term of imprisonment may be extended to life. Get help immediately if you’re facing charges for child porn. Do not speak to the police. Instead, call Chicago sex crimes attorney Gus Kostopoulos today for a consultation.

Prostitution [720 ILCS 5/11-14]

In Illinois, it is illegal to engage in sexual acts in exchange for payment. Compensation does not have to be monetary. Prostitution is a Class A Misdemeanor punishable by up to 1 year in jail and fines of up to $2,500.

Solicitation [720 ILCS 5/11-14.1]

Seeking compensation in exchange for sexual favors is prohibited in Illinois. The offense is a Class A Misdemeanor, but may be elevated to Class 4 Felony if solicitation is of a person under 18 or intellectually disabled.

Public Indecency [720 ILCS 5/11-30]

Illinois prohibits public displays of sexual acts. A person commits the crime of public indecency if he or she is 17 or older and:

• Commits an act of sexual penetration or sexual conduct in public; or
• Lewdly exposes his or her body with the intent to arouse or satisfy a sexual desire.

Public indecency charges are common but the elements of the statute provide many points of attack in a defense. The number one issue in most public indecency cases is whether the prohibited behavior took place in public. Public indecency is a Class A Misdemeanor punishable by up to 1 year in jail and fines of up to $2,500.