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720 ILCS 5/12-21.6-5 – Parent or Guardian Leaving Custody or Control of Child With Child Sex Offender

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Posted by Christopher Combs on March 30, 2026

720 ILCS 5/12-21.6-5 – Parent or Guardian Leaving Custody or Control of Child With Child Sex Offender

This law makes it illegal for a parent or guardian to leave their child alone with someone who is a registered child sex offender.

This Illinois law says that parents or guardians cannot knowingly let a child under 18 be in the care of, or alone with, a person who is a registered child sex offender, unless certain exceptions apply. Breaking this law is a Class A misdemeanor.

(a) This section defines what the law means by certain words. A “minor” is anyone under 18 years old. A “child sex offender” is someone who must register as a sex offender and is considered a child sex offender under other parts of the law.

(b) It is against the law for a parent or guardian to knowingly leave their minor child in the care of, or give unsupervised access to, a child sex offender.

(c) There are a few situations where this rule does not apply. These include:

  1. The child sex offender is the child’s own parent.
  2. The person was convicted under a specific other law.
  3. The child sex offender is married to and lives with the child’s parent or guardian.

Even though these exceptions exist, a child sex offender still cannot live within 500 feet of the victim if another law forbids it.

(d) Sentence: Anyone who breaks this law can be charged with a Class A misdemeanor, which is a serious criminal offense that can lead to jail time or fines.

(e) This law does not stop the state from taking other legal steps to protect a child, like filing an abuse case under the Juvenile Court Act.

View the full statute here.

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

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