The offense of aggravated criminal sexual abuse is based on the less serious offense of criminal sexual abuse under Illinois law 720 ILCS 5/11-1.50. In Illinois, the offense of aggravated criminal sexual abuse is defined in several different ways. It is classified as a class 2 felony, and can carry a sentence of between 3 and 7 years in prison. A person convicted of this offense also has to register as a sex offender. Needless to say, it is critical to contact a Chicago defense lawyer for help if charged with this crime.
Under 720 ILCS 5/11-1.60(a), aggravated criminal sexual abuse occurs when criminal sexual abuse occurs with aggravating circumstance present, either during the commission of, or as part of the same act as the commission of the criminal sexual abuse. The aggravating circumstances needed for the aggravated criminal sexual abuse charge are as follows:
- The person committing the crime displays, threatens to use, or uses a dangerous weapon;
- The person committing the crime uses any object made to look like or used in a manner that the victim, under the circumstances, reasonably believes that the object is a dangerous weapon;
- The person committing the crime causes bodily harm to the victim;
- The victim if 60 years old or older, or a physically handicapped person;
- The person committing the crime threatens 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 gives the victim any controlled substance without the victim’s consent or by threat or deception.
- Aggravated criminal sexual abuse also occurs when:
- A person commits an act of sexual conduct with a family member under the age of 18. (720 ILCS 5/11-1.60(b)).
- A person 17 years old or older commits an act of sexual conduct with a victim who is under 13 years of age; or commits an act of sexual conduct with a victim who is between 13 and 17 years of age and the person uses force or threat of force to commit the act. (720 ILCS 5/11-1.60(c)).
- A person under 17 years old and commits an act of sexual conduct with a victim under 9 years old; or commits an act of sexual conduct with a victim who is between 9 and 17 years of age, using force or threats of force to commit the act. (720 ILCS 5/11-1.60(c)(2)).
- A person commits an act of sexual penetration or sexual conduct with a victim between 13 and 17 years of age and the person is at least 5 years older than the victim. (720 ILCS 5/11-1.60(d)).
- A person commits an act of sexual conduct with a victim who is severely or profoundly intellectually disabled. (720 ILCS 5/11-1.60(e)).
- A person commits an act of sexual conduct with a victim who is between 13 and 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. (720 ILCS 5/11-1.60(f)).
Chicago Criminal Defense Lawyer
If you or a loved one has been accused of aggravated criminal sexual abuse, contact Chicago sex crimes defense attorney, Steven Goldman, for a consultation today.
