What Is Criminal Sexual Abuse? 720 ILCS 5/11-1.50

In Illinois, a person can commit criminal sexual abuse in four different ways:

1. committing an act of sexual conduct by the use of force or threat of force; or
2. committing an act of sexual conduct and knowing that the victim is unable to understand the nature of the act or is unable to give knowing consent;
3. committing an act of sexual penetration or sexual conduct, while under 17 years of age, with a victim who is 9 to 16 years old; or
4. committing an act of sexual penetration or sexual conduct with a victim who is 13 to 16 years old, and you are 5 years older than the victim. 720 ILCS 5/11-1.50.

What is the definition of “Sexual Penetration”?

“Sexual penetration” means any contact, however slight, between the sex organ or anus of one person and an object or 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. 720 ILCS 5/11-0.1.

What is the definition of “Sexual Conduct”?

“Sexual conduct” means any 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. 720 ILCS 5/11-0.1.

Do I need a lawyer?

Absolutely, because you should be represented by an attorney on any offense that can result in the loss of your freedom. Specifically, the Sixth Amendment to the United States Constitution gives you the right to a lawyer, and the Supreme Court case of Gideon v Wainwright, 372 U.S. 335 (1963) provides state appointed lawyers (public defenders) for indigent people.

Can the State charge me if no semen was found on the victim’s body?

Yes. The law literally states that “Evidence of emission of semen is not required to prove sexual penetration.” 720 ILCS 5/11-0.1.

What should I know if I suspect that police are investigating me?

One tool that police use to get evidence of a criminal sexual abuse is eavesdropping. The police could have the victim or the mother of the victim call you on the phone and ask you “how could you do such a thing?” They are seeking to get you to apologize because they would want to use that apology as an acknowledgment of guilt. They could also have a friend call you to ask you “what happened?” They are trying to get you to admit that a sexual act occurred between you and the victim. As with any ongoing criminal investigation, you have the right to a lawyer and the right to remain silent. DO NOT TALK TO ANYONE about an ongoing criminal investigation. #commonsense; #notlegaladvice.

Another way that police gather evidence on Criminal Sexual Abuse cases is through search warrants. If you found this Criminal Sexual Abuse guide by search for it on your phone or computer, yikes!!! Police can get search warrants to see your browsing history. Although people may find this guide for a variety of reasons (i.e. a google search after watching something in the news/show, clicking around in my website, and/or educational purposes) you wouldn’t want a jury/officer/prosecutor/judge to expect the worst.

Do I have to register as a Sex Offender?

Yes. A conviction for Criminal Sexual Abuse will require registration as a sex offender. 730 ILCS 150/2.

How long will I have to register as a Sex Offender?

Ten years. The law states that “Any … person who is required to register … shall be required to register for a period of 10 years after conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility, and if confined, for a period of 10 years after parole, discharge or release from any such facility.” 730 ILCS 150/7.

Is Criminal Sexual Abuse a misdemeanor or a felony?

Criminal Sexual Abuse is a felony when the crime is: 1) committed by force or threat of force, or 2) when the victim is unable to understand the nature of the act or unable to give knowing consent. A felony is a crime that is punishable by more than 1 year of imprisonment. 720 ILCS 5/11-1.50(d). Criminal Sexual Assault is a class A misdemeanor when 1) the defendant is less than 5 years older than the victim and commits an act of sexual contact or penetration with the victim, or 2) the defendant is 16 years old or under and commits an act of sexual contact or penetration with a victim who is between 9 and 17 years of age.

What level of felony is Criminal Sexual Abuse?

Generally, Criminal Sexual Abuse is a Class 4 Felony. The order of felonies in Illinois from most to least serious goes: Class X, followed by Class 1, Class 2, Class 3, and then Class 4. 720 ILCS 5/11-1.50(d). However, if this is your second or subsequent violation, you could be charged with as a Class 2 felony.

Can I go to Prison? What is the Sentencing Range?

Criminal Sexual Abuse is a Class 4 Felony punishable by 1 to 3 years in the Illinois Department of Corrections. 720 ILCS 5/11-1.50(d).

Can I get probation or is prison mandatory (Non-Probationable)?

You CAN receive a sentence of probation on a Criminal Sexual Abuse charge. However, if this is your second Criminal Sexual Abuse (Class 2 felony) and you have a prior conviction for a class 2 felony, then you would not be eligible for probation. 730 ILCS 5/5-5-3(F-3).

Can I get Court Supervision?

No. Court supervision is not a possible outcome in felony cases. 730 ILCS 5/5-6-1(c).

What is the Extended Sentencing Range 730 ILCS 5/5-4.5-45(a)?

Under Illinois’ extended sentencing guidelines, if you have been convicted in the last 10 years of a felony, and that felony was of the same class or worse when compared to your current charge, then the maximum allowable sentence is doubled. 730 ILCS 5/5-4.5-45(a). That means that the extended sentencing range for a Criminal Sexual Abuse is 3 to 6 years in the Illinois Department of Corrections if you have a prior felony conviction.

What is my Sentencing Range for a second or subsequent Criminal Sexual Abuse?

If this is your second or subsequent offense, then Criminal Sexual Abuse would be a Class 2 Felony punishable by 3 to 7 years in the Illinois Department of Corrections. 720 ILCS 5/11-1.50(d).

What percentage of your sentence do you serve for Criminal Sexual Abuse 730 ILCS 5/3-6-3(a)(2.1)?

Criminal Sexual Abuse is an 50% sentence. Illinois Truth-In-Sentencing law states: “the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of sentence credit for each day of his or her sentence of imprisonment.” 730 ILCS 5/3-6-3(a)(2.1). So if you received the minimum imprisonment term of 1 year in the Illinois Department of Corrections, the most you would actually serve is 6 months assuming you do not receive any other credits.

How long is the Mandatory Supervised Release or Parole Period?

For Criminal Sexual Abuse cases, a person sentenced to the Illinois Department of Corrections will not have a mandatory supervised release period unless the Prisoner Review Board, based on a validated risk and needs assessment, determines it is necessary for an offender to serve a mandatory supervised release term. If the Prison Review Board decides to put you on Mandatory Supervised Release, the maximum period will be 1 year. 730 ILCS 5/5-8-1(d)(3).

How to keep a Criminal Sexual Abuse case off your record?

There are several ways to keep a conviction for this offense off your criminal record. Here are some of the ways:

How to Win at a Trial?

The Defense of Consent. “Consent” means a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent. 720 ILCS 5/11-0.1. If you raise the Defense of Consent, the State has the burden of proving lack of consent beyond a reasonable doubt. People v. Haywood, 118 Ill. 2d 263, 274 (1987).

Challenge that you had sexual contact with the victim. No DNA, No Fingerprints, No photos, No Videos, No text messages, No Facebook chats, Delayed Reporting, No Witnesses, No Injuries. All of those cut against the State that a criminal sexual abuse ever occurred. If you kept your mouth shut and lawyered up (no confession), the lack of evidence on the case to support a conviction may be a huge hurdle for the State.

How to Win at a Motion?

In these types of cases, the police try to “interview” the defendant to find out what happened. This is not you friendly chat with your neighbor over the fence of your backyard. This is an evidence gathering mission! Exercise your right to remain silent and your right to a lawyer. #commonsense. #notlegaladvice. If you did talk to the police, a lawyer would have to review the circumstance to see if a motion could be filed.

How to Avoid a Conviction for Criminal Sexual Abuse through a Plea Agreement (Reduction on the Charge)?

Although rare, prosecutors sometimes clear backlogs and move cases by giving defendants “a bargain.” For example, a reduction to probation on a battery is a very good disposition.

Super Secret Info: The State can amend the charges to crimes that are not sex crimes. For example, the State could amend this charge to an Unlawful Restraint or an Aggravated Battery in a Public Place. Although these are not lesser class offenses (in the case of aggravated battery it actually is a higher class felony), getting sex offender probation on those options will not have the side consequence of making you report on the Sex Offender Registry.

Other Sexual Assault / Rape Guides

If you are looking for information about:

• Criminal Sexual Assault, then check out our guide to Criminal Sexual Assault cases in Illinois.
• Aggravated Criminal Sexual Assault, then check out our guide to Aggravated Criminal Sexual Assault cases in Illinois.
• Child Pornography, then check out our guide to Child Pornography cases in Illinois.
• Predatory Criminal Sexual Assault of a Child, then check out our guide to Predatory Criminal Sexual Assault cases in Illinois.
• Non-consensual Dissemination of Private Sexual Images, then check out our guide to Non-consensual Dissemination of Private Sexual Images cases in Illinois.
• Aggravated Criminal Sexual Abuse, then check out our guide to Aggravated Criminal Sexual Abuse cases in Illinois.

Hire Illinois Sexual Abuse Criminal Defense Lawyer Clyde Guilamo

Lastly, I hope this guide of free legal education was helpful. #notlegaladvice. If you found this article helpful, then leave us a review on Google! And if you have specific questions about your case, give me a call.