Criminal Sexual Abuse

A person commits Criminal Sexual Abuse when he or she commits a sexual act by force or the threat of force or commits a sexual act on a victim who cannot understand the nature of the act or is not able to give knowing consent.

Criminal Sexual Abuse can also occur if:

  • The accused is under 17 years of age and the victim is at least nine but under 17 years of age, or
  • The accused is less than five years older than the victim and the victim is between the ages of 13 and 16 years old.

A conviction could subject a person to misdemeanor or felony consequences, based on the details of the offense.

Aggravated Criminal Sexual Abuse

Aggravated Criminal Sexual Abuse occurs when Criminal Sexual Abuse takes place with the presence of at least one aggravating factor including:

  • The presence, threat or use of a dangerous weapon
  • The presence threat or use of any object made to function as a dangerous weapon
  • Bodily harm to the victim
  • Abuse directed at victims who are 60 years of age or older
  • Abuse directed toward a physically handicapped person
  • Abuse directed toward a mentally disabled person
  • Threat or life endangerment toward a victim or any other person
  • Abuse while committing any other felony
  • Delivery of a controlled substance without consent by threat or deception

There are also age and relationship boundaries set by law:

  • The victim is under the age of 18 and the accused is a family member
  • The accused uses threat or force to commit the sexual act and is 17 years of age or older; the victim is between the ages of 13 and 16
  • The accused uses threat or force to commit the sexual act and is under 17 years old; the victim is less than nine years old or between the ages of nine and 17
  • The accused is at least five years older than the victim; the victim is between the ages of 13 and 16 years old
  • The accused is at least 17 years old and holds a position of trust with the victim; victim is between the ages of 13 and 17

This crime is a Class 2 felony and includes three to seven years of incarceration, which may be eligible for probation. If the accused is a family member (blood relation or through marriage) or household resident, there are additional sentencing options.

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