720 ILCS 5/11-9.5 – Sexual Misconduct With a Person With a Disability

720 ILCS 5/11-9.5 – Sexual Misconduct With a Person With a Disability

This law makes it a felony for employees of certain care facilities or agencies to have sexual contact with people with disabilities in their care.

This Illinois law says that workers in state mental health facilities or community programs cannot have sexual contact with people with disabilities who receive services from them. Even if the person with a disability agrees, consent is not a defense. Anyone guilty faces a felony charge and loses their job.

(a) Definitions. This section explains key terms:

1. “Person with a disability” means someone diagnosed with either a developmental disability or a mental illness under Illinois law.
2. “State-operated facility” means a state-run mental health or developmental disability center.
3. “Community agency” means a local program or group that provides housing or services for people with disabilities, licensed or funded by the Department of Human Services (DHS).
4. “Care and custody” means staying at a state-run facility.
5. “Employee” includes anyone working for DHS, a community agency, or under contract with them–including volunteers.
6. “Sexual conduct” or “sexual penetration” means any sexual act as defined by Illinois law.

(b) A person commits this crime if:

1. They are an employee and knowingly have sexual contact with a person with a disability under the care of a DHS state facility; or
2. They are an employee of a community agency funded by DHS and knowingly have sexual contact with a person with a disability living in a residential program run or supervised by that agency.

(c) People with disabilities receiving care in these facilities or programs cannot legally give consent to sexual conduct with employees. Their consent cannot be used as a defense.

(d) This law does not apply to:

1. Employees who are legally married to the person with a disability before that person entered a facility or started receiving services; or
2. Employees who did not know, and had no reason to know, that the person was a person with a disability receiving DHS services.

(e) Sentence: This crime is a Class 3 felony, which can mean prison time and serious penalties.

(f) Anyone convicted under this law must immediately lose their job with the State or community agency.

View the full statute here.

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