Sexual Assault

Illinois Statute 720 Ilcs 5/11-1.20

The accused commits Criminal Sexual Assault if he or she commits an act of sexual penetration and it was by the use of force or threat of force, or knew that the victim was unable to understand the nature of the act or was unable to give knowing consent, or with a victim who was under 18 years of age when the act was committed and the accused was a family member, or with a victim who was at least 13 years of age but under 18 years of age when the act was committed and the accused was 17 years of age or over and held a position of trust, authority or supervision in relation to the victim.

Criminal sexual assault is a Class 1 Felony punishable by 4 to 15 years in the State Penitentiary. However, a person who has previously been convicted of threatening the use of force, or using force, to perpetrate a sexual assault, or a sex offense where the victim was unable to understand the nature of the act, or was unable to give knowing consent, or the offense of exploitation of a child, commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 30 years and not more than 60 years. the commission of the second or subsequent offense is required to have been after the initial conviction to apply.

A person who is convicted of threatening the use of force, or using force, to perpetrate a sexual assault, or the victim was unable to understand the nature of the act, or was unable to give knowing consent, who has previously been convicted of the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the threatening the use of force, or using force, to perpetrate a sexual assault, or the victim was unable to understand the nature of the act, or was unable to give knowing consent, 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 aggravated criminal sexual assault or the offense of criminal predatory 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 this to apply.

A second or subsequent conviction for committing an act of sexual penetration with a victim who was under 18 years of age when the act was committed and the accused was a family member; or commits an act of sexual penetration with a victim who was at least 13 years of age but under 18 years of age when the act was committed and the accused was 17 years of age or over and held a position of trust, authority or supervision in relation to the victim, or under any similar statute of this State or any other state for any offense involving criminal sexual assault that is substantially equivalent to or more serious than the sexual assault is a Class X felony punishable by 6 to 30 years in the penitentiary.