Table of Contents

1. What Is Aggravated Criminal Sexual Assault 720 ILCS 5/11-1.30?

2. What is the most common way that people are charged with this offense?

3. Who is included in “Family Member”?

4. What does it mean to cause bodily harm to the victim?

5. What Is the definition of “Sexual Penetration”?

6. What is the definition of “Sexual Conduct”?

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

8. What should I know if the police are investigating me?

9. Will I have to register as a Sex Offender?

10. How long will I have to register as a sex offender?

11. Is this crime a misdemeanor or a felony?

12. What level of felony is Aggravated Criminal Sexual Assault?

13. Can I Go to Prison? What Is the Sentencing Range?

14. Can I get probation or is prison mandatory (Non-Probationable) 730 ILCS 5/5-5-3(c)(2)(C)?

15. Can I get Court Supervision?

16. What is the Extended Sentencing Range and when does it apply 730 ILCS 5/5-4.5-25(a)?

17. What is my sentence if I have a prior Criminal Sexual Assault in my background?

18. What percentage of your sentence do you serve for Aggravated Criminal Sexual Assault 730 ILCS 5/3-6-3(a)(2)(ii)?

19. How Long Is the Mandatory Supervised Release or Parole Period?

20. How to keep an Aggravated Criminal Sexual Assault case off your record?

21. How to win the Aggravated Criminal Sexual Assault case at trial?

22. How to win the Aggravated Criminal Sexual Assault case at motion?

23. How to keep an Aggravated Criminal Sexual Assault conviction off your record through a Plea Agreement (Reduction on the Charge)?

24. Other Sexual Assault / Rape Guides

What Is Aggravated Criminal Sexual Assault 720 ILCS 5/11-1.30?

There are 3 different ways to be charged with Aggravated Criminal Sexual Assault. Under Illinois law 720 ILCS 5/11-1.30, a person commits aggravated criminal sexual assault if:

• (a) that person commits criminal sexual assault and any of the following aggravating circumstances exist during the commission of the offense or, for purposes of paragraph (7), occur 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, other than a firearm, 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, except as provided in paragraph (10);
  3. the person acts in a manner that threatens or endangers the life of the victim or any other person;
  4. the person commits the criminal sexual assault during the course of committing or attempting to commit any other felony;
  5. the victim is 60 years of age or older;
  6. the victim is a person with a physical disability;
  7. the person 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;
  8. the person is armed with a firearm;
  9. the person personally discharges a firearm during the commission of the offense; or
  10. the person personally discharges a firearm during the commission of the offense, and that discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
• (b) that person is under 17 years of age and:
  1. commits an act of sexual penetration with a victim who is under 9 years of age; or
  2. commits an act of sexual penetration with a victim who is at least 9 years of age but under 13 years of age and the person uses force or threat of force to commit the act.
• (c) that person commits an act of sexual penetration with a victim who is a person with a severe or profound intellectual disability.

What is the most common way that people are charged with this offense?

For adults, the most common way to be charged with aggravated criminal sexual assault is having sex with a family member under the age of 18 (which is a criminal sexual assault) with the aggravating factor that you caused bodily harm to the victim (i.e. cut, bruise, pregnancy, or STD/STI).

For juveniles, the most common way is by forcing sex on a child under the age of 13 years old. This is essentially the crime of predatory criminal sexual assault, but the person committing the crime is a juvenile.

Who is included in “Family Member”?

“Family member” means a parent, grandparent, child, aunt, uncle, great-aunt, or great-uncle, whether by whole blood, half-blood, or adoption, and includes a step-grandparent, step-parent, or step-child. “Family member” also means, if the victim is a child under 18 years of age, an accused who has resided in the household with the child continuously for at least 6 months. 720 ILCS 5/11-0.1.

What does it mean to cause bodily harm to the victim?

Most people understand that bodily harm are things like cuts, scrapes, and bruises. But “Bodily harm” also includes, but is not limited to, sexually transmitted diseases, pregnancy, and impotence. 720 ILCS 5/11-0.1.

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.

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 the police are investigating me?

One tool that police use to get evidence of an aggravated criminal sexual assault 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 is through search warrants. If you found this Aggravated Criminal Sexual Assault 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.

Will I have to register as a Sex Offender?

Yes, you must registration as a sex offender if convicted of aggravated criminal sexual assault. 730 ILCS 150/2.

How long will I have to register as a sex offender?

Your entire life! The law states that “a sexual predator (which includes people who were convicted of aggravated criminal sexual assault) shall register for the period of his or her natural life after conviction … if not confined to a penal institution, hospital, or other institution or facility, and if confined, for the period of his or her natural life after parole, discharge, or release from any such facility.” 730 ILCS 150/7.

Is this crime a misdemeanor or a felony?

Aggravated Criminal Sexual Assault is a felony. A felony is a crime that is punishable by more than 1 year of imprisonment. 720 ILCS 5/11-1.30(d).

What level of felony is Aggravated Criminal Sexual Assault?

Aggravated Criminal Sexual Assault is a class X 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 5/11-1.30(d).

Can I Go to Prison? What Is the Sentencing Range?

Yes. Generally, Aggravated Criminal Sexual Assault is a Class X Felony punishable by 6 to 30 years in the Illinois Department of Corrections. However, if the State charged you under:

• subsection (a)(1) for using a dangerous weapon other than a firearm, then your sentencing range is 16 to 40 years IDOC.
• subsection (a)(8) for using a firearm, then your sentencing range is 21 to 45 years IDOC.
• subsection (a)(9) for discharging a firearm, then your sentencing range is 26 to 50 years IDOC. 
• subsection (a)(10) for shooting a person, then your sentencing range is 31 to Life in IDOC. 720 ILCS 5/11-1.30(d).

Can I get probation or is prison mandatory (Non-Probationable) 730 ILCS 5/5-5-3(c)(2)(C)?

No, you cannot receive probation on an Aggravated Criminal Sexual Assault case. If the judge or jury finds you guilty, the judge must sentence you to the Illinois Department of Corrections. 730 ILCS 5/5-5-3(c)(2)(C).

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 and when does it apply 730 ILCS 5/5-4.5-25(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 5/5-4.5-25(a). That means that the extended sentencing range for an Aggravated Criminal Sexual Assault is 30 to 60 years in the Illinois Department of Corrections if you have a prior class X conviction.

What is my sentence if I have a prior Criminal Sexual Assault in my background?

Life in Prison! If

1. The jury or judge finds you guilty of Aggravated Criminal Sexual Assault; and
2. You have a prior conviction for either:
   1. Predatory Criminal Sexual Assault,
   2. Aggravated Criminal Sexual Assault, or
   3. Criminal Sexual Assault; then
3. There is only one approved sentence = that you spend the rest of your days in the Illinois Department of Corrections! 720 ILCS 5/11-1.30(d)(2).

What percentage of your sentence do you serve for Aggravated Criminal Sexual Assault 730 ILCS 5/3-6-3(a)(2)(ii)?

Aggravated Criminal Sexual Assault is an 85% sentence. Illinois Truth-in-Sentencing law states: “that a prisoner serving a sentence for … aggravated criminal sexual assault … shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.” 730 ILCS 5/3-6-3(a)(2)(ii). So if you received a prison sentence of 10 year in the Illinois Department of Corrections, the most you would actually serve is 8.5 years assuming you do not receive any other credits.

How Long Is the Mandatory Supervised Release or Parole Period?

For Aggravated Criminal Sexual Assault cases, a person sentenced to the Illinois Department of Corrections will have a mandatory supervised release period of 3 years to natural life. 730 ILCS 5/5-8-1(d)(4).

How to keep an Aggravated Criminal Sexual Assault 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 the Aggravated Criminal Sexual Assault case at 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). Please realize that “a person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.” 720 ILCS 5/11-1.70(c).

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 an aggravated criminal sexual assault 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 the Aggravated Criminal Sexual Assault case at motion?

In these types of cases, the police try to “interview” the defendant to find out what happened. This interview, however, is not you friendly chat with your neighbor over the fence of your backyard. The officer is on an evidence-gathering mission! Exercise your right to remain silent and your right to a lawyer. #commonsense. #notlegaladvice. If you already spoke to the police, then a lawyer can review the interview and file a motion to suppress if appropriate.

How to keep an Aggravated Criminal Sexual Assault conviction off your record through a Plea Agreement (Reduction on the Charge)?

Although rare, prosecutors sometimes clear cases by giving defendants “a bargain.” A reduction from Aggravated Criminal Sexual Assault to Criminal Sexual Abuse or Sexual Relations Within Families is a good resolution because those resolutions remove the lifetime reporting requirement on the Sex Offender Registry.

Super Secret Info: The State can amend the charges to crimes that are not sex crimes. For example, the State could amend Aggravated Criminal Sexual Assault to an Unlawful Restraint or a Residential Burglary. Getting sex offender probation on those crimes will not have the side consequence of making you report on the Sex Offender Registry for life.

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.
• Predatory Criminal Sexual Assault, then check out our guide to Predatory Criminal Sexual Assault cases in Illinois.
• Child Pornography, then check out our guide to Child Pornography 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.
• Criminal Sexual Abuse, then check out our guide to Criminal Sexual Abuse cases in Illinois.
• Aggravated Criminal Sexual Abuse, then check out our guide to Aggravated Criminal Sexual Abuse cases in Illinois.

Hire Illinois Sex Crimes 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.