Sex Crimes: Definitions and Penalties
Illinois

A person commits criminal sexual assault if that person commits an act of sexual penetration and:

• uses force or threat of force;
• knows that the victim is unable to understand the nature of the act or is unable to give knowing consent;
• is a family member of the victim, and the victim is under 18 years of age; or
• is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age.

• Criminal sexual assault is a Class 1 felony (punishable by a determinate sentence of not less than 4 years but not more than 15 years, and a fine of at least $75 but not more than $25,000 for each offense), except that:

• A person convicted of criminal sexual assault under bullet points (1) or (2) above, after having previously been convicted of criminal sexual assault or exploitation of a child, or after having previously been convicted of an offense under the laws of Illinois or any other state that is substantially equivalent to the offense of criminal sexual assault or to 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, except that if the person is under the age of 18 at the time of the offense, the person shall be sentenced under § 5-4.5-105 of the U.S. Code of Corrections.
• A person who has attained the age of 18 years at the time of the commission of the offense and who is convicted of criminal sexual assault as defined in (a)(1) or (a)(2) after having previously been convicted of aggravated criminal sexual assault or predatory criminal sexual assault of a child, or who is convicted of criminal sexual assault as defined in under bullet points (1) or (2) in the section above after having previously been convicted under the laws of Illinois or any other state of an offense that is substantially equivalent to aggravated criminal sexual assault or predatory criminal sexual assault of a child, shall be sentenced to a term of natural life imprisonment. An offender who is under the age of 18 years at the time of commission of the offense covered by this subparagraph shall be sentenced under § 5-4.5-105 of the Unified Code of Corrections.
• A second or subsequent conviction under bullet points (3) or (4) in the section above, or under any similar statute of Illinois or any other state for any offense involving criminal sexual assault that is substantially equivalent to or more serious than the sexual assault prohibited under (3) or (4), is a Class X felony (punishable by a determinate sentence of not less than 6 years but not more than 30 years, and a fine of at least $75 but not more than $25,000 for each offense).

The following definitions are relevant to this crime:

• “Consent” means a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent.
• “Family member” means a parent, grandparent, child, aunt, uncle, great-aunt, or great-uncle, whether by whole blood, half-blood, or adoption, and includes a step-grandparent, step-parent, or step-child. “Family member” also means, if the victim is a child under 18 years of age, an accused who has resided in the household with the child continuously for at least 6 months.
• “Force or threat of force” means the use of force or violence or the threat of force or violence, including, but not limited to, the following situations: (1) when the accused threatens to use force or violence on the victim or on any other person, and the victim under the circumstances reasonably believes that the accused has the ability to execute that threat; or (2) when the accused overcomes the victim by use of superior strength or size, physical restraint, or physical confinement.
• “Sexual penetration” means any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.
• “Unable to give knowing consent” includes when the accused administers any intoxicating or anesthetic substance, or any controlled substance causing the victim to become unconscious of the nature of the act and this condition was known, or reasonably should have been known by the accused. As used in this paragraph, “unconscious of the nature of the act” means incapable of resisting because the victim meets any one of the following conditions:
  • was unconscious or asleep;
  • was not aware, knowing, perceiving, or cognizant that the act occurred;
  • was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact; or
  • was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.

• A victim is presumed “unable to give knowing consent” when the victim:
  • is committed to the care and custody or supervision of the Illinois Department of Corrections (IDOC) and the accused is an employee or volunteer who is not married to the victim who knows or reasonably should know that the victim is committed to the care and custody or supervision of such department;
  • is committed to or placed with the Department of Children and Family Services (DCFS) and in residential care, and the accused employee is not married to the victim, and knows or reasonably should know that the victim is committed to or placed with DCFS and in residential care;is a client or patient and the accused is a health care provider or mental health care provider and the sexual conduct or sexual penetration occurs during a treatment session, consultation, interview, or examination;
  • is a resident or inpatient of a residential facility and the accused is an employee of the facility who is not married to such resident or inpatient who provides direct care services, case management services, medical or other clinical services, habilitative services or direct supervision of the residents in the facility in which the resident resides; or an officer or other employee, consultant, contractor or volunteer of the residential facility, who knows or reasonably should know that the person is a resident of such facility; or
  • is detained or otherwise in the custody of a police officer, peace officer, or other law enforcement official who: (i) is detaining or maintaining custody of such person; or (ii) knows, or reasonably should know, that at the time of the offense, such person was detained or in custody and the police officer, peace officer, or other law enforcement official is not married to such detainee.

• “Victim” means a person alleging to have been subjected to an offense prohibited by §§ 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60.
• Note: No medical examination or procedure which is conducted by a physician, nurse, medical or hospital personnel, parent, or caretaker can be deemed a violation of the offenses described herein if conducted for purposes and in a manner consistent with reasonable medical standards.

• Ch. 720 Ill. Comp. Stat. 5/11-1.20
• Definitions., 720 Ill. Comp. Stat. Ann. 5/11-0.1
• 720 Ill. Comp. Stat. Ann. 5/11-1.10
• Sentencing, § 730 Ill. Comp. Stat. Ann. 5/5-4.5-30(a), (e); 5/5-4.5-25(a), (e)

(A) A person commits aggravated criminal sexual assault if that person commits criminal sexual assault and any of the following aggravating circumstances exist during the commission of the offense or occur as part of the same course of conduct as the commission of the offense:

• person displays, threatens to use, or uses a dangerous weapon, other than a firearm, or any object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;
• person causes bodily harm to the victim (except proximately causing bodily harm by discharging a firearm during the commission of the offense as provided below);
• person acts in a manner that threatens or endangers the life of the victim or any other person;
• person commits the criminal sexual assault during the course of committing or attempting to commit any other felony;
• victim is 60 years of age or older;
• victim has a physical disability;
• person delivers (by injection, ingestion, or any other means) any controlled substance to the victim without the victim’s consent or by threat or deception for other than medical purposes;
• person is armed with a firearm;
• person personally discharges a firearm during the commission of the offense; or
• person personally discharges a firearm during the commission of the offense, and that discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.

(B) If the person is under the age of 17 years and:

• Commits an act of sexual penetration with a victim who is under 9 years of age; or
• Commits an act of sexual penetration with a victim who is at least 9 years of age but under 13 years of age and defendant uses force or threat of force to commit the act.

(C) An act of sexual penetration with a victim with a severe or profound intellectual disability.

• Aggravated criminal sexual assault under (A)(2) – (7), (B), or (C) is a Class X felony (punishable by a determinate sentence of not less than 6 years but not more than 30 years, and a fine of at each $75 but not more than $25,000 for each offense).
• Aggravated criminal sexual assault under (A)(1) is a Class X felony for which 10 years shall be added to the term of imprisonment imposed by the court.
• Aggravated criminal sexual assault under (A)(8) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court.
• Aggravated criminal sexual assault under (A)(9) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court.
• Aggravated criminal sexual assault under (A)(10) is a Class X felony for which 25 years or up to a term of natural life imprisonment shall be added to the term of imprisonment imposed by the court.
• A defendant under the age of 18 at the time of the commission of aggravated criminal sexual assault in violation of (A)(1) – (A)(10) shall be sentenced under § 5-4.5-105 of the Unified Code of Corrections.
• A defendant who has attained the age of 18 at the time of the commission of the offense and who is convicted of a second or subsequent offense of aggravated 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. A person who is under the age of 18 at the time of commission of the offense covered by this paragraph shall be sentenced under § 5-4.5-105 of the Unified Code of Corrections.

The following definitions are relevant to this crime:

• “Bodily harm” means physical harm, and includes, but is not limited to, sexually transmitted disease, pregnancy, and impotence.
• See Criminal Sexual Assault for relevant definitions.

• Ch. 720 Ill. Comp. Stat. 5/11-1.30
• Definitions., 720 Ill. Comp. Stat. Ann. 5/11-0.1
• Sentencing, § 730 Ill. Comp. Stat. Ann. 5/5-4.5-25(a), (e)
• Sentencing of Individuals Under the Age of 18 at the Time of the Commission of an Offense, §730 Ill. Comp. Stat. Ann. 5-4.5-105

• A person commits predatory criminal sexual assault of a child if that person is 17 years of age or older, and commits an act of contact, however slight, between the sex organ or anus of one person and the part of the body of another for the purpose of sexual gratification or arousal of the victim or the accused, or an act of sexual penetration, and:
• The victim is under 13 years of age; or
• The victim is under 13 years of age and that person:
• Is armed with a firearm;
• Personally discharges a firearm during the commission of the offense;
• Causes great bodily harm to the victim that results in permanent disability or is life threatening; or
• Delivers (by injection, ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim’s consent or by threat or deception, for other than medical purposes.

• A person convicted under bullet point 1 commits a Class X felony, for which that person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years.
• A person convicted under bullet point 2, sub-bullet 1 above commits a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court.
• A person convicted under bullet point 2, sub-bullet 2 above commits a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court.
• A defendant who has attained the age of 18 and who is convicted under bullet point 2, sub-bullet 3 above commits a Class X felony for which defendant shall be sentenced to a term of imprisonment of not less than 50 years or up to a term of natural life imprisonment.
• An offender who is under the age of 18 years at the time of commission of the predatory criminal sexual assault of a child in violation of bullet point 1 or bullet point 2, sub-bullets 1-3 shall be sentenced under § 5-4.5-105 of the Unified Code of Corrections.
• A person convicted under bullet point 2, sub-bullet 4 above commits 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.  An offender under the age of 18 at the time of commission of predatory criminal sexual assault of a child in violation of bullet point 2, sub-bullet 4 above shall be sentenced under § 5-4.5-105 of the Unified Code of Corrections.
• A person who has attained the age of 18 at the time of commission of the offense and is convicted of predatory criminal sexual assault of a child committed against 2 or more persons regardless of whether the offenses occurred as a result of the same act or of several related or unrelated acts shall be sentenced to a term of natural life imprisonment.  An offender who is under the age of 18 at the time of commission of the offense shall be sentenced under § 5-4.5-105 of the Unified Code of Corrections.
• A person who is 18 years old or older at the time of the commission of the offense and who is convicted of a second or subsequent conviction for this offense, or a previous conviction for criminal sexual assault, aggravated criminal sexual assault, or an offense either in Illinois or another state that is substantially equivalent, 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 paragraph to apply. An offender under the age of 18 years at the time of commission of the offense covered by paragraph (2) shall be sentenced under § 5-4.5-105 of the Unified Code of Corrections.

The following definitions are relevant to this crime:

• “Bodily harm” means physical harm, and includes, but is not limited to, sexually transmitted disease, pregnancy, and impotence.
• See Criminal Sexual Assault and Aggravated Criminal Sexual Assault for additional relevant definitions.

• Ch. 720 Ill. Comp. Stat. 5/11-1.40
• Definitions., 720 Ill. Comp. Stat. Ann. 5/11-0.1
• Sentencing, § 730 Ill. Comp. Stat. Ann. 5/5-4.5-25(a), (e)
• Sentencing of Individuals Under the Age of 18 at the Time of the Commission of an Offense, §730 Ill. Comp. Stat. Ann. 5-4.5-105

• (a) - A person commits criminal sexual abuse if that person:

• (1) commits an act of sexual conduct by the use of force or threat of force; or
• (2) commits an act of sexual conduct and knows that the victim is unable to understand the nature of the act or is unable to give knowing consent.

• (b) - A person commits criminal sexual abuse if that person is under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who is at least 9 years of age but under 17 years of age.
• (c) - A person commits criminal sexual abuse if that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age, and the person is less than 5 years older than the victim.

• Criminal sexual abuse for a violation of subsection (b) or (c) of this Section is a Class A misdemeanor, for which the sentence of imprisonment shall be a determinate sentence of less than one year. An offender may be sentenced to pay a fine not to exceed, for each offense, $25,000 or the amount specified in the offense, whichever is greater. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment.
• Criminal sexual abuse for a violation of paragraph (1) or (2) of subsection (a) of this Section is a Class 4 felony, for which the sentence of imprisonment shall be a determinate sentence of not less than one year and not more than 3 years. An offender may be sentenced to pay a fine not to exceed, for each offense, $25,000 or the amount specified in the offense, whichever is greater. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment.
• A second or subsequent conviction for a violation of subsection (a) of this Section is a Class 2 felony, for which the sentence of imprisonment shall be a determinate sentence of not less than 3 years and not more than 7 years. An offender may be sentenced to pay a fine not to exceed, for each offense, $25,000 or the amount specified in the offense, whichever is greater.  A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment.
• For purposes of this Section it is a second or subsequent conviction if the accused has at any time been convicted under this Section or under any similar statute of Illinois or any other state for any offense involving sexual abuse or sexual assault that is substantially equivalent to or more serious than the sexual abuse prohibited under this Section.

The following definitions are relevant to this crime:

• See Criminal Sexual Assault for additional relevant definitions.

• Ch. 720 Ill. Comp. Stat. 5/11-1.50
• Definitions., 720 Ill. Comp. Stat. Ann. 5/11-0.1
• Sentencing, 730 Ill. Comp. Stat. Ann. 5/5-4.5-55(a), (e); 5/5-4.5-45(a), (e); 5/5-5-4.5-35(a), (e).
• Sentencing Provisions; All Felonies, Felony Fines, Ch. 730 Ill. Comp. Stat. 5/5-4.5.50(b)

A person commits aggravated criminal sexual abuse if:

• that person commits criminal sexual abuse and any of the following aggravating circumstances exist (i) during the commission of the offense or (ii) for purposes of paragraph (7), as part of the same course of conduct as the commission of the offense:

• the person displays, threatens to use, or uses a dangerous weapon or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;
• the person causes bodily harm to the victim;
• the victim is 60 years of age or older;
• the victim is a person with a physical disability;
• the person acts in a manner that threatens or endangers the life of the victim or any other person;
• the person commits the criminal sexual abuse during the course of committing or attempting to commit any other felony; or
• the person delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim for other than medical purposes without the victim's consent or by threat or deception.

• that person commits an act of sexual conduct with a victim who is under 18 years of age and the person is a family member if:

• that person is 17 years of age or over and: (i) commits an act of sexual conduct with a victim who is under 13 years of age; or (ii) commits an act of sexual conduct with a victim who is at least 13 years of age but under 17 years of age, and the person uses force or threat of force to commit the act; or
• that person is under 17 years of age and: (i) commits an act of sexual conduct with a victim who is under 9 years of age; or (ii) commits an act of sexual conduct with a victim who is at least 9 years of age but under 17 years of age, and the person uses force or threat of force to commit the act.

• that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age, and the person is at least 5 years older than the victim.
• that person commits an act of sexual conduct with a victim who is a person with a severe or profound intellectual disability.
• that person commits an act of sexual conduct with a victim who is [at least 13 years of age] but under 18 years of age and the person is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim.

• Aggravated criminal sexual abuse under the subsections above is a Class 2 felony, for which the sentence of imprisonment shall be a determinate sentence of not less than 3 years and not more than 7 years. An offender may be sentenced to pay a fine not to exceed, for each offense, $25,000 or the amount specified in the offense, whichever is greater. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment.
• Aggravated criminal sexual abuse for a violation of subsection (f) of this Section is a Class 1 felony for which the sentence of imprisonment shall be a determinate sentence of not less than 4 years and not more than 15 years.

The following definitions are relevant to this crime:

• See Criminal Sexual Assault and Aggravated Criminal Sexual Assault for additional relevant definitions.

• Ch. 720 Ill. Comp. Stat. 5/11-1.60
• Definitions., 720 Ill. Comp. Stat. Ann. 5/11-0.1
• Sentencing, 730 Ill. Comp. Stat. Ann. 5/5-4.5-35
• Sentencing Provisions; All Felonies, Felony Fines, Ch. 730 Ill. Comp. Stat. 5/5-4.5.50(b)

A person of the age of 17 years and upwards commits indecent solicitation of a child if the person:

• (a) with the intent that the offense of aggravated criminal sexual assault, criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed, knowingly solicits a child or one whom he or she believes to be a child to perform an act of sexual penetration or sexual conduct as defined in 11-0.1.
• (a-5) knowingly discusses an act of sexual conduct or sexual penetration with a child or with one whom he or she believes to be a child by means of the Internet with the intent that the offense of aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed. It is not a defense that the person did not solicit the child to perform sexual conduct or sexual penetration with the person.

• Indecent solicitation of a child is

• a Class 3 felony when the act, if done, would be aggravated criminal sexual abuse.
  • For a Class 3 felony, the sentence of imprisonment shall be a determinate sentence of not less than 2 years and not more than 5 years.
• a Class 2 felony when the act, if done, would be criminal sexual assault;
  • For a Class 2 felony, the sentence of imprisonment shall be a determinate sentence of not less than 3 years and not more than 7 years.
• a Class 1 felony when the act, if done, would be predatory criminal sexual assault of a child or aggravated criminal sexual assault;
  • For a Class 1 felony, the sentence of imprisonment shall be a determinate sentence of not less than 4 years and not more than 15 years.
• An offender may be sentenced to pay a fine not to exceed, for each offense, $25,000 or the amount specified in the offense, whichever is greater. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment.
• Indecent solicitation of a child under subsection (a-5) is a Class 4 felony.

The following definitions are relevant to this crime:

• “Solicit” means to command, authorize, urge, incite, request, or advise another to perform an act by any means including, but not limited to, in person, over the phone, in writing, by computer, or by advertisement of any kind.
• “Child” means a person under 17 years of age.
• “Internet” has the meaning set forth in §16-0.1.
• “Sexual penetration” or “sexual conduct” are defined in § 11-0.1.
• See aggravated criminal sexual assault, criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse for relevant definitions.

• Ch. 720 Ill. Comp. Stat. 5/11-6
• Definitions., 720 Ill. Comp. Stat. Ann. 5/11-0.1
• Sentencing, 730 Ill. Comp. Stat. Ann. 5/5-4.5-35
• Ch. 720 Ill. Comp. Stat. 16-0.1
• Sentencing Provisions; All Felonies, Felony Fines, Ch. 730 Ill. Comp. Stat. 5/5-4.5.50(b)

A person commits indecent solicitation of an adult if the person knowingly:

• (a)(1) - Arranges for a person 17 years of age or over to commit an act of sexual penetration as defined in § 11-0.1 with a person:
  • (i) Under the age of 13 years; or
  • (ii) 13 years of age or over but under the age of 17 years; or
• (a)(2) Arranges for a person 17 years of age or over to commit an act of sexual conduct as defined in § 11-0.1 with a person:
  • (i) Under the age of 13 years; or
  • (ii) 13 years of age or older but under the age of 17 years.

• Violation of paragraph (a)(1)(i) is a Class X felony, for which the sentence of imprisonment shall be a determinate sentence of not less than 6 years and not more than 30 years.
• Violation of paragraph (a)(1)(ii) is a Class 1 felony, for which the sentence of imprisonment shall be a determinate sentence of not less than 4 years and not more than 15 years.
• Violation of paragraph (a)(2)(i) is a Class 2 felony, for which the sentence of imprisonment shall be a determinate sentence of not less than 3 years but not more than 7 years.
• Violation of paragraph (a)(2)(ii) is a Class A misdemeanor, for which a sentence of imprisonment shall be a determinate sentence for less than one year.
• An offender may be sentenced to pay a fine not to exceed, for each offense, $25,000 or the amount specified in the offense, whichever is greater. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment.

The following definitions are relevant to this crime:

• “Arranges” includes but is not limited to oral or written communication and communication by telephone, computer, or other electronic means.
• “Computer” has the meaning ascribed to it in § 17-0.5 of this Code

• Ch. 720 Ill. Comp. Stat. 5/11-6.5
• Definitions., 720 Ill. Comp. Stat. Ann. 5/11-0.1
• Sentencing, 730 Ill. Comp. Stat. Ann. 5/5-4.5-55(a), (e); 5/5-4.5-35(a), (e);  5/5-5-4.5-25(a), (e); 5/5-5-4.5-30(a), (e).
• Sentencing Provisions; All Felonies, Felony Fines, Ch. 730 Ill. Comp. Stat. 5/5-4.5.50(b)

• (a) A person commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person:
  • engages in a sexual act; or
  • exposes his or her sex organs, anus or breast for the purpose of sexual arousal or gratification of such person or the child or one whom he or she believes to be a child.

• (a-5) A person commits sexual exploitation of a child who knowingly entices, coerces, or persuades a child to remove the child's clothing for the purpose of sexual arousal or gratification of the person or the child, or both.

• Sexual exploitation of a child is a Class A misdemeanor, for which a sentence of imprisonment shall be a determinate sentence for less than one year. A second or subsequent violation of this Section or a substantially similar law of another state is a Class 4 felony, for which the sentence of imprisonment shall be a determinate sentence of not less than one year and not more than 3 years.
• Sexual exploitation of a child is a Class 4 felony (1 to 3 years’ imprisonment) if the person has been previously convicted of a sex offense.
• Sexual exploitation of a child is a Class 4 felony (1 to 3 years’ imprisonment) if the victim was under 13 years of age at the time of the commission of the offense.
• Sexual exploitation of a child is a Class 4 felony (1 to 3 years’ imprisonment) if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds.
• An offender may be sentenced to pay a fine not to exceed, for each offense, $25,000 or the amount specified in the offense, whichever is greater.  A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment.

• The following definitions are relevant to the offense:
  • “Sexual act” means masturbation, sexual conduct or sexual penetration as defined in § 11-0.1 of this Code.
  • “Sex offense” means any violation of Article 11 of this Code.
  • “Child” means a person under 17 years of age.
  • “Virtual presence” means an environment that is created with software and presented to the user and or receiver via the Internet, in such a way that the user appears in front of the receiver on the computer monitor or screen or hand-held portable electronic device, usually through a web camming program. “Virtual presence” includes primarily experiencing through sight or sound, or both, a video image that can be explored interactively at a personal computer or hand-held communication device, or both.
  • “Webcam” means a video capturing device connected to a computer or computer network that is designed to take digital photographs or live or recorded video which allows for the live transmission to an end user over the Internet.

• Sexual Exploitation of a Child, Ch. 720 Ill. Comp. Stat 5/11-9.1

• Illinois does not penalize sodomy.
• Any state laws that outright prohibit sodomy are unconstitutional under Lawrence v. Texas, 539 U.S. 588 (2003).

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