Answers to Frequently Asked Questions About Predatory Criminal Sexual Assault of a Child
Sex Crimes Defense Lawyer Serving Cook, DeKalb, DuPage, Kane, Kankakee, Kendall, LaSalle, Lee, Ogle, and Will Counties
Have you or a loved one been charged with Predatory Criminal Sexual Assault of a Child in Illinois? Well, it is one of the most serious crimes in Illinois because it involves mandatory reporting on the Sex Offender Registry for life and mandatory prison time. I’m sure that you have many questions. Well on this page, you will find the answers to many of the frequently asked questions people have about Predatory Criminal Sexual Assault of a Child.
And if you are looking for an experienced criminal defense lawyer who specifically handles sex cases, call Attorney Clyde Guilamo today for a free consultation. Clyde Guilamo is a former prosecutor with over 10 years of criminal law experience, and he is ready to protect your freedom.
Comprehensive Guide to Illinois Predatory Criminal Sexual Assault – 720 ILCS 5/11-1.40
In Illinois, stepfathers, grandfathers, and the mother’s boyfriends are frequently the individuals who are charged with this offense. Sometimes the crime gets reported right away. However, there are many cases where the crime gets reported months or even years later. Here is a comprehensive guide of Illinois’ Predatory Criminal Sexual Assault Statute (720 ILCS 5/11-1.40):
PRACTICE AREAS
- Aggravated Unlawful Use of a Weapon
- Aggravated Criminal Sexual Abuse
- Aggravated Criminal Sexual Assault
- Armed Habitual Criminal
- Armed Violence
- Child Pornography
- Criminal Sexual Abuse
- Criminal Sexual Assault
- Domestic Battery
- Drug Delivery Cases
- Drug Induced Homicide
- Drug Possession Cases
- Gun Cases
- Non-consensual Dissemination of Private Sexual Images
- Rape/Sexual Assault Cases
- Residential Burglary
- Theft Cases
- Traffic/DUI Offenses
- Violent Crime Cases
Predatory Criminal Sexual Assault
Table of Contents
What Is Predatory Criminal Sexual Assault 720 ILCS 5/11-1.40?
Simply put, Predatory Criminal Sexual Assault is having sex with someone who is 12 years old or under, when you are 17 years old or older. The exact law is at 720 ILCS 5/11-1.40. It states that a person commits this crime “if that person is 17 years of age or older, and commits an act of contact, however slight, between the sex organ or anus of one person and the part of the body of another for the purpose of sexual gratification or arousal of the victim or the accused, or an act of sexual penetration, and:
- the victim is under 13 years of age; or
- 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:
- results in permanent disability; or
- 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.
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.
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 a predatory 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 Predatory 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 predatory 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 predatory 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.
Do I need a lawyer?
Yes, 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. Especially with offenses like this one that involves a mandatory prison sentence.
Is this crime a misdemeanor or a felony?
Predatory Criminal Sexual Assault is a felony. A felony is a crime that is punishable by more than 1 year of imprisonment. 720 ILCS 5/11-1.40(b).
What level of felony is Predatory Criminal Sexual Assault?
Predatory Criminal Sexual Assault is a class X felony with a special sentencing range. 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 5/11-1.40(b).
Can I go to Prison? What is the sentencing range?
Yes. Generally, Predatory Criminal Sexual Assault is a special Class X Felony punishable by 6 to 60 years in the Illinois Department of Corrections. However, if the State charged you under:
- subsection (a)(2)(A) for using a firearm, then your sentencing range is 21 to 75 years IDOC.
- subsection (a)(2)(B) for discharging a firearm, then your sentencing range is 26 to 80 years IDOC.
- subsection (a)(2)(C) for causing great bodily harm, then your sentencing range is 50 years to Life in IDOC.
- subsection (a)(2)(D) for delivering drugs to victim, then your sentencing range is 50 to 60 years IDOC. 720 ILCS 5/11-1.40(b).
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 a Predatory Criminal Sexual Assault case. If the jury or judge finds you guilty, then 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 730 ILCS 5/5-4.5-25(a)?
Every Predatory Criminal Sexual Assault includes the extended sentencing range. As a result, it does not matter whether you have a prior class X felony conviction in your background. Your automatic extended sentencing range is 30 to 60 years in the Illinois Department of Corrections. See 720 ILCS 5/11-1.40(b) and 730 ILCS 5/5-4.5-25(a).
What is my sentence if I have a prior Criminal Sexual Assault in my background?
Life in Prison! If
- The jury or judge finds you guilty of Predatory Criminal Sexual Assault; and
- You have a prior conviction for either:
- Predatory Criminal Sexual Assault,
- Aggravated Criminal Sexual Assault, or
- Criminal Sexual Assault; then
- There is only one approved sentence = that you spend the rest of your days in the Illinois Department of Corrections! 720 ILCS 5/11-1.40(b)(2).
What is my sentence if I have no priors but the State charged me with raping two different victims?
Life in Prison! The law states that “A person who has attained the age of 18 years at the time of the commission of the offense and 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.” 720 ILCS 5/11-1.40(b)(1.2).
What percentage of your sentence do you serve for Predatory Criminal Sexual Assault 730 ILCS 5/3-6-3(a)(2)(ii)?
Predatory Criminal Sexual Assault is an 85% sentence. Illinois Truth-in-Sentencing law states: “that a prisoner serving a sentence for … 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 this offense?
For Predatory 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).
What if it is consensual?
Let me be very clear: The defense of consent does not apply to a charge of predatory criminal sexual assault! People v. Barfield, 187 Ill. App. 3d 257, 260. If you go into court admitting the crime happened but saying that it was consensual, then the judge will specifically tell the jury that consent is not a defense. If this were a bench trial, then you are essentially just wasting a whole lot of time to plead guilty.
But Clyde, what about 720 ILCS 5/11-1.70 which states that “It shall be a defense to any offense under Section … 11-1.40 … of this Code where force or threat of force is an element of the offense that the victim consented.”
This is the danger when people don’t hire an experienced sex crime lawyer, who may have you re-read the definition of this crime. Specifically, this crime does not require force or threat of force. Thus, the defense of consent does not apply and is a losing strategy.
How to keep a Predatory 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 at Trial?
There is only one way to beat a Predatory Criminal Assault case. You must 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.
Note: If you mistakenly believed that the victim was over the age of 12, that “mistake of age” is not an eligible defense to predatory criminal sexual assault. Raising this as an issue is a losing trial strategy in the State of Illinois. If you try to raise this as a defense, while acknowledging that you had sex with the victim, the jury will receive an instruction from the judge that mistake of age is not a defense. See People v. Douglas, 381 Ill. App. 3d 1067 (2nd. Dist. 2008).
How to Win at 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 already spoke to the police, then a lawyer can review the interview and file a motion to suppress if appropriate.
How to keep a Predatory 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 Predatory Criminal Sexual Assault to Criminal Sexual Abuse or Sexual Relations Within Families is a very 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 this charge 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.
- 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.
- 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 Attorney 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.
