Although criminal sexual abuse and criminal sexual assault might sound highly similar, there are subtle distinctions between these offenses under Illinois law. On a larger level, criminal sexual abuse typically occurs on the basis of sexual conduct, which refers to touching or fondling. On the other hand, criminal sexual assault requires sexual penetration, which refers to actual contact with sexual organs. In addition, Illinois law features vastly different penalty schemes for these offenses.
Criminal Sexual Abuse Laws & Penalties in Illinois
The Illinois definition of criminal sexual abuse appears at 720 ILCS 5/11-1.50. This section outlines misdemeanor and felony versions of criminal sexual abuse.
The misdemeanor versions of criminal sexual abuse focus on the respective ages of the perpetrator and victim. For example, it is a crime for a perpetrator under 17 years old to commit an act of sexual penetration or conduct with a victim between nine and 16 years old. Misdemeanor criminal sexual abuse can also apply to victims between 13 and 16 years old, if the perpetrator is less than five years older than the victim.
In the cases above, criminal sexual abuse is a Class 1 misdemeanor. A conviction for a Class 1 misdemeanor in Illinois can result in a maximum punishment of 12 months in jail and $2,500 in criminal fines.
The felony versions of criminal sexual abuse focus on the circumstances of the offense and the number of previous violations, if any. For example, it is a crime for any perpetrator to commit an act of sexual conduct using force or the threat of force. Felony criminal sexual abuse can also apply if the perpetrator knows that the victim cannot understand the act or provide valid consent.
In the cases above, criminal sexual abuse is a Class 4 felony on the first offense. A conviction for a Class 4 felony in Illinois can result in one to three years in prison and up to $25,000 in criminal fines.
On the second or subsequent offense, criminal sexual abuse can become a Class 2 felony. A conviction for a Class 2 felony in Illinois can result in three to seven years in prison and up to $25,000 in criminal fines.
Criminal Sexual Assault Laws & Penalties in Illinois
The Illinois definition of criminal sexual assault appears at 720 ILCS 5/11-1.20. Under this section, criminal sexual assault applies to acts of sexual penetration where:
- The perpetrator uses force or the threat of force to complete the act;
- The perpetrator knows that the victim cannot understand the act or provide valid consent;
- The victim is under 18 years old and a family member of the perpetrator; or
- The victim is at least 17 years old, and the perpetrator holds a position of authority, supervision, or trust over the victim.
Under Section 11-1.20, criminal sexual assault is a Class 1 felony on the first offense. A conviction for a Class 1 felony in Illinois can result in four to 15 years in prison and up to $25,000 in criminal fines.
On the second or subsequent offense, criminal sexual assault can become a Class X felony. A conviction for a Class X felony in Illinois can result in six to 30 years in prison and up to $25,000 in criminal fines.
In this context, it is important to note an Illinois restriction for Class X felonies. It is not possible to obtain a sentence of probation for these felonies. If convicted for a Class X felony, the perpetrator must serve their sentence under Illinois law.