720 ILCS 5/11-40 – Fornication
This law makes it a crime for unmarried people to openly have sexual intercourse.
This law says that if two people who are not married to each other have sex in a way that is open and easy for others to know about, they can be charged with a misdemeanor. However, someone cannot be punished under this law just for giving information required by another state law.
(a) A person breaks this law if they knowingly have sexual intercourse with someone who is not their husband or wife, and they do it openly in public or in a way that is obvious to others.
Someone cannot be charged with this crime if the only reason there is evidence against them is because they provided information required by Section 4-1.7 of the Illinois Public Aid Code.
(b) Sentence: This crime is called a Class B misdemeanor. That means it is a minor crime that can still lead to fines or several months jail time.
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