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What Is Predatory Criminal Sexual Assault of a Child in Illinois?
Predatory criminal sexual assault of a child is defined under 720 ILCS 5/11-1.40 as an offense committed by someone age 17 or older against a child under the age of 13. The law applies when the accused engages in conduct classified as sexual penetration or sexual contact, regardless of whether force was used. Because of the age of the alleged victim, consent is not legally possible in these cases.
Your future is on the line. Call Combs Waterkotte's predatory criminal sexual assault of a child lawyers at (314) 900-HELP for an immediate consultation.
This offense is distinct from other sex crimes in Illinois due to the significant age gap between the accused and the alleged victim. The law does not require physical evidence of injury or the presence of threats — the age and nature of the contact alone can be enough to bring charges. Even first-time accusations can lead to multiple felony counts with mandatory prison time and sex offender registration.
If you are under investigation or have been arrested for this offense, it’s critical to remain silent and contact an experienced criminal defense attorney immediately. Do not speak to police without an attorney present. These cases move quickly and carry life-altering consequences.
How Predatory Criminal Sexual Assault is Prosecuted in Southern Illinois
Predatory criminal sexual assault of a child is a Class X felony in Illinois — the most serious category of non-capital offense. A conviction carries a mandatory prison sentence of 6 to 60 years. In some cases, the sentence can extend to life imprisonment, especially when multiple victims are involved or the accused has prior convictions for sex offenses.
Probation is not an option for this offense. Even a single count carries a mandatory minimum prison term. In addition to incarceration, anyone convicted must register as a sex offender for life and comply with strict restrictions under Illinois’ Sex Offender Registration Act.
Aggravating factors such as the use of a weapon, causing bodily harm, or delivering a controlled substance can trigger sentencing enhancements. These enhancements may increase the minimum term or result in mandatory consecutive sentencing for multiple charges.
Because of the harsh sentencing structure, you need experienced legal help immediately. The earlier you begin building a defense, the more opportunities your attorney will have to challenge the charges, negotiate reductions, or seek dismissal.
How to Defend Against Predatory Criminal Sexual Assault Charges in Southern Illinois
Every case is unique, but charges involving predatory criminal sexual assault of a child often depend on statements, timelines, forensic reports, and circumstantial claims. At Combs Waterkotte, we analyze every detail — from the moment of the accusation to the procedures law enforcement followed — to uncover errors, inconsistencies, or violations of your rights.
- False Accusations: In some cases, accusations may be made out of confusion, influence, or retaliation. We investigate the history, context, and motivations behind the claim to determine whether the allegation can be challenged on credibility grounds.
- Mistaken Identity: Especially in cases without physical evidence or where the accusation is based on recollection alone, identity may be disputed. We seek out alibi evidence, digital records, or witness accounts that contradict the state's version of events.
- Insufficient Evidence: The prosecution must prove every element beyond a reasonable doubt. If the evidence is weak, incomplete, or procedurally flawed, we file motions to suppress it or exclude it from trial.
- Violation of Rights: If law enforcement conducted an unlawful search, obtained a statement without proper warnings, or failed to follow procedure, that evidence may be challenged or thrown out entirely.
Even in the most serious cases, there are ways to challenge the prosecution’s case and protect your future. Our team is prepared to build a defense that reflects the facts, your rights, and every legal option available to you.
