Aggravated Sexual Assault

Is Governed by Illinois Statute 720 Ilcs 5/11-1.30

The accused commits aggravated criminal sexual assault if he or she commits Criminal Sexual Assault and any of the following aggravating circumstances existed during the commission of the offense:

• The accused displayed, threatened to use, or used a dangerous weapon, other than a firearm, or any object fashioned or utilized in such a manner as to lead the victim under the circumstances reasonably to believe it to be a dangerous weapon; or
• The accused caused bodily harm to the victim; or
• The accused acted in such a manner as to threaten or endanger the life of the victim or any other person; or
• The criminal sexual assault was perpetrated during the course of the commission or attempted commission of any other felony by the accused; or
• The victim was 60 years of age or over when the offense was committed; or
• The victim was a physically handicapped person; or
• As part of the same course of conduct the accused delivered (by injection, inhalation, ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance; or
• The accused was armed with a firearm; or the accused personally discharged a firearm during the commission of the offense; or the accused, during the commission of the offense, personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person; or
• If the accused was under 17 years of age and commits an act of sexual penetration with a victim who was under 9 years of age when the act was committed; or
• If the accused was under 17 years of age and commits an act of sexual penetration with a victim who was at least 9 years of age but under 13 years of age when the act was committed and the accused used force or threat of force to commit the act; or
• If he or she commits an act of sexual penetration with a victim who was a severely or profoundly mentally retarded person at the time the act was committed.

Aggravated criminal sexual assault is a Class X Felony punishable by 6 to 30 years in the State penitentiary and a fine up to $25,000. If the accused displayed, threatened to use, or used a dangerous weapon, other than a firearm then 10 years shall be added to the term of imprisonment imposed by the court. If the accused was armed with a firearm 15 years shall be added to the term of imprisonment imposed by the court. If the accused personally discharged a firearm 20 years shall be added to the term of imprisonment imposed by the court. If the accused discharged a firearm that caused great bodily harm, permanent disability or disfigurement, or death then 25 years or up to a term of natural life imprisonment shall be added to the term of imprisonment imposed by the court.

A person who is convicted of a second or subsequent offense of aggravated criminal sexual assault, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted of the offense of criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted under the laws of this or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault, the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, shall be sentenced to a term of natural life imprisonment. the commission of the second or subsequent offense is required to have been after the initial conviction to apply.