Illinois-2023-HB3290-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3290

Introduced , by Rep. Katie Stuart

SYNOPSIS AS INTRODUCED:

`720 ILCS 5/11-1.20`	`was 720 ILCS 5/12-13`
`720 ILCS 5/11-1.60`	`was 720 ILCS 5/12-16`
`720 ILCS 5/11-25`

Amends the Criminal Code of 2012. Provides that a person commits criminal sexual assault if that person commits an act of sexual penetration and the victim is at least 18 years of age but under 22 years of age and is a student attending classes at a public or nonpublic secondary school and the accused held or holds a position of trust, authority, or supervision over the victim in connection with an educational or extracurricular program or activity at the time of the commission of the act, regardless of the location or place of the commission of the act. Provides that a person also commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is at least 18 years of age but under 22 years of age and is a student attending classes at a public or nonpublic secondary school and the accused held or holds a position of trust, authority, or supervision in relation to the victim in connection with an educational or extracurricular program or activity at the time of the commission of the act, regardless of the location or place of the commission of the act. Provides that, for purposes of the grooming statute, "child" includes a person who is at least 17 years of age but under 22 years of age and is a student attending classes at a public or nonpublic secondary school.

LRB103 27118 RLC 53486 b

A BILL FOR

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LRB103 27118 RLC 53486 b

1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Criminal Code of 2012 is amended by

5 changing Sections 11-1.20, 11-1.60, and 11-25 as follows:

6 (720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)

7 Sec. 11-1.20. Criminal sexual assault.

8 (a) A person commits criminal sexual assault if that

9 person commits an act of sexual penetration and:

10 (1) uses force or threat of force;

11 (2) knows that the victim is unable to understand the

12 nature of the act or is unable to give knowing consent;

13 (3) is a family member of the victim, and the victim is

14 under 18 years of age; ~~or~~

15 (4) is 17 years of age or over and holds a position of

16 trust, authority, or supervision in relation to the

17 victim, and the victim is at least 13 years of age but

18 under 18 years of age; or

19 (5) the victim is at least 18 years of age but under 22

20 years of age and is a student attending classes at a public

21 or nonpublic secondary school and the accused held or

22 holds a position of trust, authority, or supervision over

23 the victim in connection with an educational or

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1 extracurricular program or activity at the time of the

2 commission of the act, regardless of the location or place

3 of the commission of the act.

4 (b) Sentence.

5 (1) Criminal sexual assault is a Class 1 felony,

6 except that:

7 (A) A person who is convicted of the offense of

8 criminal sexual assault as defined in paragraph (a)(1)

9 or (a)(2) after having previously been convicted of

10 the offense of criminal sexual assault or the offense

11 of exploitation of a child, or who is convicted of the

12 offense of criminal sexual assault as defined in

13 paragraph (a)(1) or (a)(2) after having previously

14 been convicted under the laws of this State or any

15 other state of an offense that is substantially

16 equivalent to the offense of criminal sexual assault

17 or to the offense of exploitation of a child, commits a

18 Class X felony for which the person shall be sentenced

19 to a term of imprisonment of not less than 30 years and

20 not more than 60 years, except that if the person is

21 under the age of 18 years at the time of the offense,

22 he or she shall be sentenced under Section 5-4.5-105

23 of the Unified Code of Corrections. The commission of

24 the second or subsequent offense is required to have

25 been after the initial conviction for this paragraph

26 (A) to apply.

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1 (B) A person who has attained the age of 18 years

2 at the time of the commission of the offense and who is

3 convicted of the offense of criminal sexual assault as

4 defined in paragraph (a)(1) or (a)(2) after having

5 previously been convicted of the offense of aggravated

6 criminal sexual assault or the offense of predatory

7 criminal sexual assault of a child, or who is

8 convicted of the offense of criminal sexual assault as

9 defined in paragraph (a)(1) or (a)(2) after having

10 previously been convicted under the laws of this State

11 or any other state of an offense that is substantially

12 equivalent to the offense of aggravated criminal

13 sexual assault or the offense of predatory criminal

14 sexual assault of a child shall be sentenced to a term

15 of natural life imprisonment. The commission of the

16 second or subsequent offense is required to have been

17 after the initial conviction for this paragraph (B) to

18 apply. An offender under the age of 18 years at the

19 time of the commission of the offense covered by this

20 subparagraph (B) shall be sentenced under Section

21 5-4.5-105 of the Unified Code of Corrections.

22 (C) A second or subsequent conviction for a

23 violation of paragraph (a)(3) or (a)(4) or under any

24 similar statute of this State or any other state for

25 any offense involving criminal sexual assault that is

26 substantially equivalent to or more serious than the

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1 sexual assault prohibited under paragraph (a)(3) or

2 (a)(4) is a Class X felony.

3 (Source: P.A. 99-69, eff. 1-1-16.)

4 (720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)

5 Sec. 11-1.60. Aggravated criminal sexual abuse.

6 (a) A person commits aggravated criminal sexual abuse if

7 that person commits criminal sexual abuse and any of the

8 following aggravating circumstances exist (i) during the

9 commission of the offense or (ii) for purposes of paragraph

10 (7), as part of the same course of conduct as the commission of

11 the offense:

12 (1) the person displays, threatens to use, or uses a

13 dangerous weapon or any other object fashioned or used in

14 a manner that leads the victim, under the circumstances,

15 reasonably to believe that the object is a dangerous

16 weapon;

17 (2) the person causes bodily harm to the victim;

18 (3) the victim is 60 years of age or older;

19 (4) the victim is a person with a physical disability;

20 (5) the person acts in a manner that threatens or

21 endangers the life of the victim or any other person;

22 (6) the person commits the criminal sexual abuse

23 during the course of committing or attempting to commit

24 any other felony; or

25 (7) the person delivers (by injection, inhalation,

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1 ingestion, transfer of possession, or any other means) any

2 controlled substance to the victim for other than medical

3 purposes without the victim's consent or by threat or

4 deception.

5 (b) A person commits aggravated criminal sexual abuse if

6 that person commits an act of sexual conduct with a victim who

7 is under 18 years of age and the person is a family member.

8 (c) A person commits aggravated criminal sexual abuse if:

9 (1) that person is 17 years of age or over and: (i)

10 commits an act of sexual conduct with a victim who is under

11 13 years of age; or (ii) commits an act of sexual conduct

12 with a victim who is at least 13 years of age but under 17

13 years of age and the person uses force or threat of force

14 to commit the act; or

15 (2) that person is under 17 years of age and: (i)

16 commits an act of sexual conduct with a victim who is under

17 9 years of age; or (ii) commits an act of sexual conduct

18 with a victim who is at least 9 years of age but under 17

19 years of age and the person uses force or threat of force

20 to commit the act.

21 (d) A person commits aggravated criminal sexual abuse if

22 that person commits an act of sexual penetration or sexual

23 conduct with a victim who is at least 13 years of age but under

24 17 years of age and the person is at least 5 years older than

25 the victim.

26 (e) A person commits aggravated criminal sexual abuse if

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1 that person commits an act of sexual conduct with a victim who

2 is a person with a severe or profound intellectual disability.

3 (f) A person commits aggravated criminal sexual abuse if

4 that person commits an act of sexual conduct with a victim who

5 is but under 18 years of age and the person is 17 years of age

6 or over and holds a position of trust, authority, or

7 supervision in relation to the victim.

8 (f-5) A person commits aggravated criminal sexual abuse if

9 that person commits an act of sexual conduct with a victim who

10 is at least 18 years of age but under 22 years of age and is a

11 student attending classes at a public or nonpublic secondary

12 school and the accused held or holds a position of trust,

13 authority, or supervision in relation to the victim in

14 connection with an educational or extracurricular program or

15 activity at the time of the commission of the act, regardless

16 of the location or place of the commission of the act.

17 (g) Sentence. Aggravated criminal sexual abuse for a

18 violation of subsection (a), (b), (c), (d) or (e) of this

19 Section is a Class 2 felony. Aggravated criminal sexual abuse

20 for a violation of subsection (f) or (f-5) of this Section is a

21 Class 1 felony.

22 (Source: P.A. 102-567, eff. 1-1-22.)

23 (720 ILCS 5/11-25)

24 Sec. 11-25. Grooming.

25 (a) A person commits grooming when he or she knowingly

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1 uses a computer on-line service, Internet service, local

2 bulletin board service, or any other device capable of

3 electronic data storage or transmission, performs an act in

4 person or by conduct through a third party, or uses written

5 communication to seduce, solicit, lure, or entice, or attempt

6 to seduce, solicit, lure, or entice, a child, a child's

7 guardian, or another person believed by the person to be a

8 child or a child's guardian, to commit any sex offense as

9 defined in Section 2 of the Sex Offender Registration Act, to

10 distribute photographs depicting the sex organs of the child,

11 or to otherwise engage in any unlawful sexual conduct with a

12 child or with another person believed by the person to be a

13 child. As used in this Section, "child" means (i) a person

14 under 17 years of age, or (ii) a person who is at least 17

15 years of age but under 22 years of age and is a student

16 attending classes at a public or nonpublic secondary school.

17 (b) Sentence. Grooming is a Class 4 felony.

18 (Source: P.A. 102-676, eff. 6-1-22.)