Predatory Criminal Sexual Assault of a Child

Is Governed by Illinois Statute 720 Ilcs 5/11-1.40.

The accused commits predatory criminal sexual assault of a child if the accused was 17 years of age or over and commits an act of sexual penetration with a victim who was under 13 years of age when the act was committed. This is a Class X Felony, for which the person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years; or

• If the accused was armed with a firearm 15 years shall be added to the term of imprisonment imposed by the court; or
• If the accused, during the commission of the offense personally discharged a firearm 20 years shall be added to the term of imprisonment imposed by the court; or
• If the accused, during the commission of the offense, personally discharged a firearm caused great bodily harm to the victim that resulted in permanent disability or was life threatening then it is a Class X Felony for which the person shall be sentenced to a term of imprisonment of not less than 50 years or up to a term of natural life imprisonment; or
• if 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 then it is a Class X Felony for which the person shall be sentenced to a term of imprisonment of not less than 50 years and not more than 60 years.

A person convicted of predatory criminal sexual assault of a child committed against 2 or more persons regardless of whether the offenses occurred as the result of the same act or of several related or unrelated acts shall be sentenced to a term of natural life imprisonment.

A person who is convicted of a second or subsequent offense of predatory criminal sexual assault of a child, or who is convicted of the offense of predatory criminal sexual assault of a child after having previously been convicted of the offense of criminal sexual assault or the offense of aggravated criminal sexual assault, or who is convicted of the offense of predatory criminal sexual assault of a child after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of predatory criminal sexual assault of a child, the offense of aggravated criminal sexual assault or the offense of criminal sexual assault, 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 for to apply.