720 ILCS 5/11-1.60 – Aggravated Criminal Sexual Abuse
This law explains when sexual abuse becomes more serious, or “aggravated,” because of certain harmful or dangerous factors.
This Illinois law defines situations where sexual abuse is considered more severe because of things like using a weapon, harming the victim, targeting someone young, disabled, or under your care, or abusing a position of trust. It also explains the punishment levels for these crimes.
(a) A person commits aggravated criminal sexual abuse if they commit sexual abuse and any of these happen:
- They use, threaten to use, or show a weapon or something that seems like one to scare the victim.
- They cause physical harm to the victim.
- The victim is 60 years old or older.
- The victim has a physical disability.
- They act in a way that puts the victim’s life, or someone else’s life, in danger.
- The abuse happens while committing or trying to commit another serious crime (felony).
- They give the victim drugs for a non-medical reason without consent, or by threat or trickery.
(b) Someone also commits aggravated criminal sexual abuse if they have sexual contact with a family member under 18 years old.
(c) The law also applies if:
- A person 17 or older has sexual contact with:
- A victim under 13 years old; or
- A victim between 13 and 16 if the person uses force or threats.
- A person under 17 has sexual contact with:
- A victim under 9 years old; or
- A victim between 9 and 16 if the person uses force or threats.
(d) It’s aggravated sexual abuse if a person at least 5 years older than the victim (who is 13–16) has sexual contact or intercourse with them.
(e) It’s also aggravated sexual abuse if the victim has a severe or profound intellectual disability and the person commits sexual contact.
(f) It’s aggravated sexual abuse if the victim is under 18 and the offender is at least 17 and has power, trust, supervision, or authority over the victim (for example, a coach, teacher, or guardian).
(g) Sentence: If someone breaks subsections (a) through (e), it’s a Class 2 felony. If they break subsection (f), it’s a Class 1 felony, which is more serious.
Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.