NOTE: The following content includes new information to account for changes to Illinois law with passage of Public Act 101-0130. Since January 1, 2020, this Act removed the statute of limitations for criminal sexual assault, aggravated criminal sexual assault, and aggravated criminal sexual abuse.
Sex between two consenting persons who are under 17 years of age is very serious criminal offense under Illinois law. It does not matter whether the two persons have engaged in sexual intercourse willingly. It does not matter that the two persons are in a relationship together. Sex between two minors is a crime, referred to legally as criminal sexual abuse.
Criminal sexual abuse is a Class A misdemeanor offense for which the sentence can be up to one year in jail and a maximum fine of $2,500. However, the judge can allow order the defendant to serve two years of probation – involving counseling, community service, and other conditions – as opposed to jail.
This offense is extremely dangerous for the accused because a finding of guilt will require the defendant to register as a sex offender. The law in Illinois for sex offenders requires them to register for a minimum period of 10 years.
During this time, registered sex offenders must check in with the local police department wherever they reside. They must also live in a place that is approved by the police (e.g. at least 1,000 feet away from any school or daycare center, etc.).
Additionally, a charge of criminal sexual abuse requires a mandatory conviction, which cannot be expunged or sealed.
There are two primary ways for a person to get charged with criminal sexual abuse:
- Consensual sex between two persons who are both under 17 years old, but at least 9 years old; or
- Consensual sex between two persons where the victim was at least 13 but less than 17 years old, and the accused was younger than 21 years of age.
If the victim did not consent to the sexual act, the offense becomes aggravated criminal sexual assault, which is another matter altogether. Aggravated criminal sexual assault is a non-probationable Class 1 felony offense. The defendant would be sentenced to 4-15 years in prison if found guilty. The court cannot sentence the defendant to probation.
Aggravated criminal sexual assault
On the other hand, if the accused was 5 years older than the victim, then the offense is aggravated criminal sexual abuse. As set forth in 720 ILCS 5/12-16, which this offense is a Class 2 felony. The sentence for aggravated criminal sexual abuse is 3-7 years in the Illinois Department of Corrections and a possible $25,000 fine. Probation is a possibility. But the facts of each case generally determine whether the judge sentences the defendant to probation.
Misdemeanor vs. Felony
The distinction between misdemeanor and felony charges can be as little as a 5-year difference in age. If the victim is 16, and the accused is 20 years old, then it is a misdemeanor. But if the victim is 16, and the accused is 21, then it is the Class 2 felony of aggravated criminal sexual abuse.
Concerning both of the aggravated sex crimes mentioned above, Illinois law has changed since January 1, 2020. After that date, the statute of limitations disappeared for aggravated criminal sexual abuse and assault offenses. It does not matter how much time passes. If proper evidence comes to light, the prosecution can file these charges against the alleged perpetrator.
In this context, sex crimes do not have to involve sexual intercourse with someone under 17 years of age. Sexual penetration and sexual conduct are also against the law.
Sexual conduct is the touching or fondling above or beneath the clothes of sex organs (e.g. penis or vagina), anus or breasts. It also includes ejaculating semen (sperm) onto another person’s body.
Sexual penetration is any contact between the sex organs or mouth of one person and the sex organs, mouth, or anus of another. This act can also involve penetration with other body parts (such as a finger or thumb) or animals. Oral sex – also known as cunnilingus or fellatio – and anal sex are also considered sexual penetration.
It is not a defense that the two involved are in a relationship or plan to get married. The only defense to criminal sexual abuse, misdemeanor or felony, is that the accused had a reasonable belief that the victim was at least 17 years old. It is for the jury to decide whether such a belief was reasonable.
In many situations, these cases involve a teenager whose parents have called the police. When the police question the teenager’s partner, they may make a verbal admission or written statement about sexual penetration or conduct. This does not always result in finding of guilt, however. There are ways to defend a case such as this.