Criminal Statutes of Limitations
Illinois
Last Updated: March 2020
Criminal sexual assault | Answer |
What is the statute of limitations for this crime? |
Depending upon the applicable facts, criminal sexual assault is a Class One (1) or a Class X felony.
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Aggravated criminal sexual assault | Answer |
What is the statute of limitations for this crime? |
Aggravated criminal sexual assault is a Class X felony.
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Predatory criminal sexual assault of a child (i.e., victim under the age of thirteen (13)) | Answer |
What is the statute of limitations for this crime? |
Predatory criminal sexual assault of a child is a Class X felony.
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Criminal sexual abuse | Answer |
What is the statute of limitations for this crime? |
The classification of criminal sexual abuse depends on the following:
The applicable statute of limitations depends upon the classification of the crime, pursuant to the guidelines outlined above. Misdemeanor:
Felony:
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Aggravated criminal sexual abuse | Answer |
What is the statute of limitations for this crime? |
Aggravated criminal sexual abuse is a Class Two (2) felony.
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Indecent solicitation of a child (i.e., a person under seventeen (17)) | Answer |
What is the statute of limitations for this crime? |
Indecent solicitation of a child is classified as follows:
The statute of limitations depends upon the classification of the crime, detailed above.
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Indecent solicitation of an adult | Answer |
What is the statute of limitations for this crime? |
Indecent solicitation of an adult is classified as follows:
The statute of limitations depends upon the classification of the crime, detailed above.
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Solicitation to meet a child (i.e., person under the age of seventeen (17)) | Answer |
What is the statute of limitations for this crime? |
Solicitation to meet a child is a Class Four (4) felony if the offender believes he or she is five (5) or more years older than the child. Otherwise, this crime is a Class A misdemeanor.
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Sexual exploitation of a child | Answer |
What is the statute of limitations for this crime? |
Sexual exploitation of a child is a Class Four (4) felony if the offender has been previously convicted of a sex offense, the victim was under the age of thirteen (13) at the time of the offense, or the violation is committed on or within five hundred (500) feet of elementary or secondary school grounds while children are present. Otherwise, this crime is a Class A misdemeanor.
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Permitting sexual abuse of a child | Answer |
What is the statute of limitations for this crime? |
Permitting sexual abuse of a child is a Class One (1) felony.
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Custodial sexual misconduct | Answer |
What is the statute of limitations for this crime? |
Custodial sexual misconduct is a Class Three (3) felony.
If neither of the above applies, legal proceedings against the offender must commence within three (3) years after the commission of the offense.
[1] “Sexual conduct” is defined as “any knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus, or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.” 720 Ill. Comp. Stat. § 5/11-0.1.
[2] “Sexual penetration” is defined as “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.” |
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Sexual misconduct with a person with a disability | Answer |
What is the statute of limitations for this crime? |
Sexual misconduct with a person with a disability is a Class Three (3) felony.
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Sexual relations within families | Answer |
What is the statute of limitations for this crime? |
Sexual relations within families is a Class Three (3) felony.
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Grooming | Answer |
What is the statute of limitations for this crime? |
Grooming is a Class Four (4) felony.
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Criminal transmission of HIV | Answer |
What is the statute of limitations for this crime? |
Criminal transmission of HIV is a Class Two (2) felony.
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Traveling to meet a minor (or luring for the purposes of engaging in any sex offense) | Answer |
What is the statute of limitations for this crime? |
This crime is a Class Three (3) felony.
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Are there any exceptions to the statute of limitations laws? | Answer |
Exceptions |
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Anything else I should know? | Answer |
Anything else I should know? |
“(2) When the victim is under 18 years of age at the time of the offense, a prosecution for failure of a person who is required to report an alleged or suspected commission of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse under the Abused and Neglected Child Reporting Act may be commenced within 20 years after the child victim attains 18 years of age.”
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