720 ILCS 5/11-9.1B – Failure to Report Sexual Abuse of a Child
This law makes it a crime for an adult to see a child being sexually abused and not report it to the police.
If someone 18 or older sees a child under 13 being sexually abused by an adult and does not tell law enforcement, they can be charged with a crime. People who make a reasonable effort to report or stop the abuse are not punished under this law.
(a) A “child” is anyone under 13 years old. “Sexual abuse” means any sexual contact or penetration involving a child, no matter how small, between body parts or with objects, including acts like oral or anal sex. Proof of ejaculation is not needed.
(b) An adult breaks this law if they actually see an adult sexually abusing a child and knowingly choose not to report it to law enforcement.
(c) This law does not apply to people who act quickly and reasonably to stop or report the abuse, including those who follow the Abused and Neglected Child Reporting Act or tell police, medical staff, or other mandated reporters.
(d) No one can be charged for not reporting until the person who did the sexual abuse is first charged with a sexual assault or abuse crime.
(e) It is a legal defense if the person who saw the abuse was truly afraid that reporting it right away would cause serious harm, disfigurement, or death to themselves or someone else.
(f) Sentence: The first time someone fails to report, it is a Class A misdemeanor. If it happens again, it becomes a Class 4 felony.
(g) This law does not punish people who saw the abuse and helped investigators or prosecutors afterward.
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