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Public Act 098-0370 Public Act 0370 98TH GENERAL ASSEMBLY |
Public Act 098-0370 | HB0804 Enrolled | LRB098 03641 RLC 33657 b |
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| 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 | Section 11-1.40 and by adding Section 11-9.1B as follows:
| (720 ILCS 5/11-1.40)
(was 720 ILCS 5/12-14.1)
| Sec. 11-1.40. Predatory criminal sexual assault of a child.
| (a) A person commits predatory criminal sexual assault of a | child if that person commits an act of sexual penetration or an | act of contact, however slight between the sex organ or anus of | one person and the part of the body of another, and the | accused , is 17 years of age or older, and: | (1) the victim is under 13 years of age; or | (2) the victim is under 13 years of age and that | person: | (A) is armed with a firearm; | (B) personally discharges a firearm during the | commission of the offense; | (C) causes great bodily harm to the victim that: | (i) results in permanent disability; or | (ii) is life threatening; or | (D) delivers (by injection, inhalation, ingestion, | transfer of possession, or any other means) any |
| controlled substance to the victim without the | victim's consent or by threat or deception, for other | than medical purposes.
| (b) Sentence.
| (1) A person convicted of a violation of subsection | (a)(1)
commits a Class X felony, for which the person shall | be sentenced to a term of imprisonment of not less than 6 | years and not more than 60 years.
A person convicted of a | violation of subsection (a)(2)(A) commits a Class X
felony | for which 15 years shall be added to the term of | imprisonment imposed by
the court. A person convicted of a | violation of subsection (a)(2)(B) commits a
Class X felony | for which 20 years shall be added to the term of | imprisonment
imposed by the court. A person convicted of a | violation of subsection (a)(2)(C)
commits a Class X felony | for which the person shall be sentenced to a term of
| imprisonment of not less than 50 years or up to a term of | natural life
imprisonment.
| (1.1) A person convicted of a violation of subsection | (a)(2)(D) commits a
Class X felony for which the person
| shall be
sentenced to a
term of imprisonment of not less | than 50 years and not more than 60 years.
| (1.2) A person convicted of predatory criminal sexual | assault of a child
committed
against 2 or more persons | regardless of whether the offenses occurred as the
result | of the same act or of several related or unrelated acts |
| shall be
sentenced to a term of natural life imprisonment.
| (2) A person who is convicted of a second or subsequent | offense of
predatory criminal sexual assault of a child, or | who is convicted of the
offense of
predatory criminal | sexual assault of a child after having previously been
| convicted of the offense of criminal sexual assault or the | offense of
aggravated criminal sexual assault, or who is | convicted of the offense of
predatory criminal sexual | assault of a child 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 | predatory criminal sexual assault of a child, the offense | of aggravated
criminal sexual assault or the offense of | criminal sexual assault, 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 (2) to apply.
| (Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11 .) | (720 ILCS 5/11-9.1B new) | Sec. 11-9.1B. Failure to report sexual abuse of a child. | (a) For the purposes of this Section: | "Child" means any person under the age of 13. | "Sexual abuse" means any contact, however slight, between | the sex organ or anus of the victim or the accused and an | object or body part, including but not limited to, the sex |
| organ, mouth, or anus of the victim or the accused, or any | intrusion, however slight, of any part of the body of the | victim or the accused or of any animal or object into the sex | organ or anus of the victim or the accused, including, but not | limited to, cunnilingus, fellatio, or anal penetration. | Evidence of emission of semen is not required to prove sexual | abuse. | (b) A person over the age of 18 commits failure to report | sexual abuse of a child when he or she personally observes | sexual abuse, as defined by this Section, between a person who | he or she knows is over the age of 18 and a person he or she | knows is a child, and knowingly fails to report the sexual | abuse to law enforcement. | (c) This Section does not apply to a person who makes | timely and reasonable efforts to stop the sexual abuse by | reporting the sexual abuse in conformance with the Abused and | Neglected Child Reporting Act or by reporting the sexual abuse | or causing a report to be made, to medical or law enforcement | authorities or anyone who is a mandated reporter under Section | 4 of the Abused and Neglected Child Reporting Act. | (d) A person may not be charged with the offense of failure | to report sexual abuse of a child under this Section until the | person who committed the offense is charged with criminal | sexual assault, aggravated criminal sexual assault, predatory | criminal sexual assault of a child, criminal sexual abuse, or | aggravated criminal sexual abuse. |
| (e) It is an affirmative defense to a charge of failure to | report sexual abuse of a child under this Section that the | person who personally observed the sexual abuse had a | reasonable apprehension that timely action to stop the abuse | would result in the imminent infliction of death, great bodily | harm, permanent disfigurement, or permanent disability to that | person or another in retaliation for reporting. | (f) Sentence. A person who commits failure to report sexual | abuse of a child is guilty of a Class A misdemeanor for the | first violation and a Class 4 felony for a second or subsequent | violation. | (g) Nothing in this Section shall be construed to allow | prosecution of a person who personally observes the act of | sexual abuse and assists with an investigation and any | subsequent prosecution of the offender.
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Effective Date: 1/1/2014
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