Criminal Sexual Abuse 720 Ilcs 5/11-1.50
There are three theories for which a person can be charged with the offense of Criminal Sexual Abuse.
- The accused commits criminal sexual abuse if he or she commits an act of sexual conduct by the use of force or threat of force; or commits an act of sexual conduct and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent. This is a Class 4 Felony punishable by 1 to 3 years in the State penitentiary and a fine up to $25,000, a second or subsequent conviction for a violation of is a Class 2 Felony punishable by 3 to 7 years in the penitentiary and fines up to $25,000.
- The accused commits criminal sexual abuse if the accused was under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who was at least 9 years of age but under 17 years of age when the act was committed. This is a Class a Misdemeanor punishable up to 364 days in the County jail and a fine up to $2500.
- The accused commits criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who was at least 13 years of age but under 17 years of age and the accused was less than 5 years older than the victim. This is a Class a Misdemeanor punishable up to 364 days in the County jail and a fine up to $2500.