720 ILCS 5/11-9.1A – Permitting Sexual Abuse of a Child
This law makes it a serious crime for someone in charge of a child to knowingly allow that child to be sexually abused or forced into prostitution.
This Illinois law says that a parent, guardian, or caregiver commits a crime if they know a child is being sexually abused or involved in prostitution and do nothing to stop it. It also explains situations where the person is not guilty, what law enforcement must do, and how courts should protect the child.
(a) A person in charge of a child breaks this law if they know about sexual abuse happening to the child and allow it, or if they let the child take part in prostitution.
(b) Important terms in this law include:
- “Actual knowledge” includes believing credible claims from the child.
- “Child” means anyone under 17 years old.
- “Person responsible for the child’s welfare” includes parents, stepparents, guardians, or caregivers responsible for the child at the time.
- “Prostitution” means the same as defined in 720 ILCS 5/11-14.
- “Sexual abuse” includes acts covered by Illinois criminal sexual abuse or assault laws.
(c) This law does not apply if the responsible adult reports the suspected abuse quickly and reasonably to the proper authorities, such as the police, doctors, or mandated reporters.
(d) When police believe that a child or their caregiver has been abused by a family or household member, they must take all reasonable steps to prevent more abuse right away.
(e) If there’s reason to believe that a child was sexually abused by a family or household member, a court must seek an order of protection. Courts should assume that giving custody to the abuser is not in the child’s best interest.
(f) No one can be charged for allowing sexual abuse of a child until the abuser has been charged with one of the sexual assault or prostitution crimes listed in this section.
(g) Sentence: Anyone found guilty of this crime faces a Class 1 felony. As part of their sentence or probation, the person must attend counseling for sexual abuse, domestic violence, or similar issues with a qualified counselor.
(h) It is a defense if the person responsible for the child can show they were in real fear that trying to stop or report the abuse would lead to someone getting seriously hurt or killed in retaliation.
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