Bill Text: IL HB4175 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Includes uncles and aunts in the definition of "family member". In the offense of sexual relations within families, includes an act of sexual penetration with an uncle or aunt, when the nephew or niece, regardless of legitimacy and regardless of whether the nephew or niece was of the whole blood or half-blood or was adopted, was 18 years of age or over when the act was committed.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB4175 Detail]

Download: Illinois-2009-HB4175-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4175 Introduced 2/27/2009, by Rep. Roger L. Eddy SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-11 from Ch. 38, par. 11-11
720 ILCS 5/12-12 from Ch. 38, par. 12-12
Amends the Criminal Code of 1961. Includes uncles and aunts in the definition of "family member". In the offense of sexual relations within families, includes an act of sexual penetration with an uncle or aunt, when the nephew or niece, regardless of legitimacy and regardless of whether the nephew or niece was of the whole blood or half-blood or was adopted, was 18 years of age or over when the act was committed.
LRB096 01993 RLC 12004 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB4175 LRB096 01993 RLC 12004 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Sections 11-11 and 12-12 as follows:
(720 ILCS 5/11-11) (from Ch. 38, par. 11-11)
Sec. 11-11. Sexual Relations Within Families. (a) A person
commits sexual relations within families if he or she:
(1) Commits an act of sexual penetration as defined in
Section 12-12 of this Code; and
(2) The person knows that he or she is related to the other
person as follows: (i) Brother or sister, either of the whole
blood or the half blood; or (ii) Father or mother, when the
child, regardless of legitimacy and regardless of whether the
child was of the whole blood or half-blood or was adopted, was
18 years of age or over when the act was committed; or (iii)
Stepfather or stepmother, when the stepchild was 18 years of
age or over when the act was committed; or (iv) Uncle or aunt,
when the nephew or niece, regardless of legitimacy and
regardless of whether the nephew or niece was of the whole
blood or half-blood or was adopted, was 18 years of age or over
when the act was committed.
(b) Sentence. Sexual relations within families is a Class 3

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felony.
(Source: P.A. 84-1280.)
(720 ILCS 5/12-12) (from Ch. 38, par. 12-12)
Sec. 12-12. Definitions. For the purposes of Sections 12-13
through 12-18 of this Code, the terms used in these Sections
shall have the following meanings ascribed to them:
(a) "Accused" means a person accused of an offense
prohibited by Sections 12-13, 12-14, 12-15 or 12-16 of this
Code or a person for whose conduct the accused is legally
responsible under Article 5 of this Code.
(b) "Bodily harm" means physical harm, and includes, but is
not limited to, sexually transmitted disease, pregnancy and
impotence.
(c) "Family member" means a parent, grandparent, uncle,
aunt, or child, whether by whole blood, half-blood or adoption
and includes a step-grandparent, step-parent or step-child.
"Family member" also means, where the victim is a child under
18 years of age, an accused who has resided in the household
with such child continuously for at least one year.
(d) "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 believed that the accused had

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the ability to execute that threat; or
(2) when the accused has overcome the victim by use of
superior strength or size, physical restraint or physical
confinement.
(e) "Sexual conduct" means any intentional or 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.
(f) "Sexual penetration" means any contact, however
slight, between the sex organ or anus of one person by an
object, 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.
(g) "Victim" means a person alleging to have been subjected
to an offense prohibited by Sections 12-13, 12-14, 12-15 or
12-16 of this Code.
(Source: P.A. 91-116, eff. 1-1-00.)