720 ILCS 5/11-1.40 – Predatory Criminal Sexual Assault of a Child

720 ILCS 5/11-1.40 – Predatory Criminal Sexual Assault of a Child

This law makes it a serious crime for anyone 17 or older to sexually assault a child under 13, with extra punishment if other harmful actions occur.

This Illinois law says that anyone age 17 or older who sexually assaults a child under 13 commits a very serious crime. The punishment is very severe and can include decades or even life in prison, depending on the situation.

(a) A person commits this crime if they are 17 or older and have any kind of sexual contact or penetration with a child younger than 13, for sexual pleasure of the adult or the child.

1. If the victim is under 13, it is a crime.
2. If the victim is under 13 and the offender also does any of the following, the crime becomes even more serious:
   1. Is armed with a gun.
   2. Fires a gun during the crime.
   3. Hurts the victim severely, causing permanent injury or risking the victim’s life.
   4. Gives the victim drugs without their permission or for reasons other than medical care.

(b) Sentence:

1. A person guilty of sexually assaulting a child under 13 commits a Class X felony. The prison sentence is between 6 and 60 years.
   • If a gun is involved, 15 years are added to the sentence.
   • If a gun is fired, 20 years are added.
   • If the victim suffers a serious or life-threatening injury and the offender is 18 or older, prison time is at least 50 years or possibly life.

   Offenders under 18 are sentenced differently according to the juvenile sentencing rules.
   A person who gives drugs to the victim commits a Class X felony with a prison term of 50 to 60 years. If the offender is under 18, special juvenile sentencing applies.
   If a person 18 or older assaults two or more children, even in separate acts, they will be sentenced to life in prison. Offenders under 18 are sentenced under juvenile rules.

2. A person 18 or older who commits this crime more than once, or who has a past conviction for sexual assault, will also receive a life sentence. The second or later crime must happen after the first conviction. Younger offenders are sentenced under juvenile rules.

View the full statute here.

Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.