720 ILCS 5/11-1.30 – Aggravated Criminal Sexual Assault

720 ILCS 5/11-1.30 – Aggravated Criminal Sexual Assault

This law makes it a more serious crime to commit sexual assault when certain dangerous or harmful actions also happen.

This Illinois law says that when someone commits sexual assault along with other serious actions–like using a weapon, causing injury, or assaulting a child or disabled person–it becomes “aggravated criminal sexual assault,” which is punished more severely.

(a) A person commits aggravated criminal sexual assault if they commit criminal sexual assault and one of the following serious circumstances happens at the same time:

1. The person shows, threatens to use, or uses a dangerous weapon or something that looks like one.
2. The person causes physical injury to the victim.
3. The person acts in a way that puts the life of the victim or someone else in danger.
4. The assault happens while also committing or trying to commit another serious crime (felony).
5. The victim is 60 years old or older.
6. The victim has a physical disability.
7. The person gives the victim drugs without consent or by tricking them, not for medical reasons.
8. The person has a gun during the assault.
9. The person fires a gun during the assault.
10. The person fires a gun during the assault and hurts, disables, disfigures, or kills someone.

(b) A person under 17 commits aggravated criminal sexual assault if they:

1. Have sexual contact with a victim under 9 years old; or
2. Have sexual contact with a victim between 9 and 12 and use force or threats to do so.

(c) A person commits aggravated criminal sexual assault if they have sexual contact with someone who has a severe or serious intellectual disability.

(d) Sentence:

1. Most cases of aggravated criminal sexual assault are Class X felonies. Different situations add more years to the prison sentence: +10 years for using a weapon, +15 years for having a gun, +20 years for firing a gun, and +25 years to life if firing causes serious harm or death. Offenders under 18 are sentenced under special youth laws.
2. Anyone 18 or older who commits this crime again, or has past similar convictions (including from other states), must receive a life sentence in prison. Youth offenders under 18 are sentenced under special youth laws instead.

View the full statute here.

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