Aggravated criminal sexual assault is an offense that is, for the most part, defined as criminal sexual assault, under Illinois law 720 ILCS 5/11-1.20, with aggravating circumstances. There are several aggravating factors that can elevate a charge of criminal sexual assault under 720 ILCS 5/11-1.30(a), including:
- The person committing the crime displays, threatens to use, or uses a dangerous weapon;
- The person committing the crime is armed with a gun;
- The person committing the crime uses any object made to look like or used in a manner that the victim, under the circumstances, reasonably believes that the object is a dangerous weapon;
- The person committing the crime fires a firearm while committing the offense;
- The person committing the crime fires a gun while committing the offense, and that causes great bodily harm, permanent disability, disfigurement, or death to another person (not necessarily the victim);
- The person committing the crime causes bodily harm to the victim – not including bodily harm caused by the person firing a firearm;
- The person committing the crime threatens the life of the victim or any other person;
- The victim if 60 years old or older, or a physically handicapped person;
- The person commits the criminal sexual abuse during the course of committing or attempting to commit any other felony; or
- The person gives the victim any controlled substance without the victim’s consent or by threat or deception.
Chicago defense attorneys know that, in addition, a person may be charged with aggravated criminal sexual assault under 720 ILCS 5/11-1.30(b) for sexually penetrating a victim under the age of 9, while the person is under the age of 17 years old; or sexually penetrating a victim who is between 9 and 12 years of age using force or threat of force to commit the act. Finally, a person can be charged with aggravated criminal sexual assault under 720 ILCS 5/11-1.30(c) for sexually penetrating a victim with severe intellectual disabilities.
Sex Assault Penalties
All forms of aggravated criminal sexual assault can be sentenced as Class X felonies, with sentences ranging from 6 to 30 years imprisonment, and possible fines of up to $25,000. For cases involving the use of guns or threats to use guns or objects that look like guns, the judge may add between 25 years to life to the person’s sentence. The term of imprisonment is mandatory for this offense, and there is no probation possible. (730 ILCS 5/5-5-3(c)(2)(C)).
For a person with prior convictions for certain crimes in Illinois as well as in other states, a second or subsequent conviction for aggravated criminal sexual assault would lead to a life imprisonment sentence. Qualifying prior convictions include predatory criminal sexual assault of a child, and criminal sexual assault, and any crimes under other state laws that are equivalent to these offenses.
Chicago Defense Attorney
An accusation of a sex crime, especially a serious one such as aggravated criminal sexual assault, can have serious consequences on a person’s life even without a conviction. If you or a loved one has been accused of aggravated criminal sexual assault, contact experienced Chicago sex crimes defense attorney Steven Goldman for a consultation today.
