Bill Text: IL HB5809 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that a person also 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.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Introduced - Dead) 2022-11-16 - Referred to Rules Committee [HB5809 Detail]

Download: Illinois-2021-HB5809-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5809 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 also 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.
LRB102 29006 RLC 40908 b
A BILL FOR
HB5809 LRB102 29006 RLC 40908 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 2012 is amended by
changing Sections 11-1.20, 11-1.60, and 11-25 as follows:
(720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)
Sec. 11-1.20. Criminal sexual assault.
(a) A person commits criminal sexual assault if that
person commits an act of sexual penetration and:
(1) uses force or threat of force;
(2) knows that the victim is unable to understand the
nature of the act or is unable to give knowing consent;
(3) is a family member of the victim, and the victim is
under 18 years of age; or
(4) 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; or
(5) 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

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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.
(b) Sentence.
(1) Criminal sexual assault is a Class 1 felony,
except that:
(A) A person who is convicted of the offense of
criminal sexual assault as defined in paragraph (a)(1)
or (a)(2) after having previously been convicted of
the offense of criminal sexual assault or the offense
of exploitation of a child, or who is convicted of the
offense of criminal sexual assault as defined in
paragraph (a)(1) or (a)(2) 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 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 years at the time of the offense,
he or she shall be sentenced under Section 5-4.5-105
of the Unified Code of Corrections. The commission of
the second or subsequent offense is required to have
been after the initial conviction for this paragraph
(A) to apply.

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(B) A person who has attained the age of 18 years
at the time of the commission of the offense and who is
convicted of the offense of criminal sexual assault as
defined in paragraph (a)(1) or (a)(2) after having
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 offense of criminal sexual assault as
defined in paragraph (a)(1) or (a)(2) 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 predatory criminal
sexual assault of a child 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 (B) to
apply. An offender under the age of 18 years at the
time of the commission of the offense covered by this
subparagraph (B) shall be sentenced under Section
5-4.5-105 of the Unified Code of Corrections.
(C) A second or subsequent conviction for a
violation of paragraph (a)(3) or (a)(4) 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

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sexual assault prohibited under paragraph (a)(3) or
(a)(4) is a Class X felony.
(Source: P.A. 99-69, eff. 1-1-16.)
(720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
Sec. 11-1.60. Aggravated criminal sexual abuse.
(a) 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:
(1) 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;
(2) the person causes bodily harm to the victim;
(3) the victim is 60 years of age or older;
(4) the victim is a person with a physical disability;
(5) the person acts in a manner that threatens or
endangers the life of the victim or any other person;
(6) the person commits the criminal sexual abuse
during the course of committing or attempting to commit
any other felony; or
(7) the person delivers (by injection, inhalation,

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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.
(b) A person commits aggravated criminal sexual abuse if
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.
(c) A person commits aggravated criminal sexual abuse if:
(1) 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
(2) 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.
(d) A person commits aggravated 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 at least 5 years older than
the victim.
(e) A person commits aggravated criminal sexual abuse if

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that person commits an act of sexual conduct with a victim who
is a person with a severe or profound intellectual disability.
(f) A person commits aggravated criminal sexual abuse if
that person commits an act of sexual conduct with a victim who
is 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.
(f-5) A person 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.
(g) Sentence. Aggravated criminal sexual abuse for a
violation of subsection (a), (b), (c), (d) or (e) of this
Section is a Class 2 felony. Aggravated criminal sexual abuse
for a violation of subsection (f) or (f-5) of this Section is a
Class 1 felony.
(Source: P.A. 102-567, eff. 1-1-22.)
(720 ILCS 5/11-25)
Sec. 11-25. Grooming.
(a) A person commits grooming when he or she knowingly

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uses a computer on-line service, Internet service, local
bulletin board service, or any other device capable of
electronic data storage or transmission, performs an act in
person or by conduct through a third party, or uses written
communication to seduce, solicit, lure, or entice, or attempt
to seduce, solicit, lure, or entice, a child, a child's
guardian, or another person believed by the person to be a
child or a child's guardian, to commit any sex offense as
defined in Section 2 of the Sex Offender Registration Act, to
distribute photographs depicting the sex organs of the child,
or to otherwise engage in any unlawful sexual conduct with a
child or with another person believed by the person to be a
child. As used in this Section, "child" means (i) a person
under 17 years of age, or (ii) 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.
(b) Sentence. Grooming is a Class 4 felony.
(Source: P.A. 102-676, eff. 6-1-22.)