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Predatory Criminal Sexual Assault of a Child

Predatory criminal sexual assault of a child in Illinois focuses on victims under the age of 13. Under 720 ILCS 5/11-1.40 the crime occurs when a person over the age of 17 sexually penetrates or does anything to contact the sex organ or anus of one person and the part of the body of another for the purpose of his or her own sexual gratification or arousal, or that of the victim, and the following additional conditions are present:

  • The victim is under 13 years of age; or
  • The victim is under 13 years of age and the person committing the crime:
    • Is armed with a firearm;
    • Personally fires a firearm in the course of the crime;
    • Causes great bodily harm to the victim that is life threatening or results in permanent disability; or
    • Gives the victim any controlled substance without the victim’s consent or by threat or deception. This does not apply to substances given for medical purposes.
Sexual Assault Penalties

A Chicago sex assault attorney can explain how each of the definitions of this offense are eligible for sentencing as Class X felonies, however, the subsections have differing sentences. For a conviction under 720 ILCS 5/11-1.40(a)(1), a person’s sentence can be increased by between 6 and 60 years in prison; for a conviction under 720 ILCS 5/11-1.40(a)(2)(A), a person’s sentence can be increased by 15 years, and 20 years for a conviction under 720 ILCS 5/11-1.40(a)(2)(B); for a conviction under 720 ILCS 5/11-1.40(a)(2)(C), a person can be sentenced to 50 years to life in prison; and for a conviction under 720 ILCS 5/11-1.40(a)(2)(D), a person can be sentenced to 50 to 60 years in prison.

In addition, a person convicted of the predatory criminal sexual assault of a child receives a life sentence if there are multiple victims involved, or if the conviction is a second or subsequent conviction for predatory criminal sexual assault of a child or a similarly serious offense. This life sentence can also be imposed if the convicted person has previous convictions for criminal sexual assault or aggravated criminal sexual assault in Illinois or in any other state.

In addition to the sentences above, under the Illinois Sexual Offender Registration Act (730 ILCS 150/1), a person convicted of criminal sexual abuse must register as a sex offender. As part of registration on the sex offender registry, a person who is considered to be a sex offender has to provide information on his addresses, employment, any internet blogs or sites visited or even commented on, among other information. The registered sex offender is also restricted on where he or she may live, and if the offense the person was convicted involved a child, he or she must report if he or she is living in the same household as a child under the age of 18.

A Chicago Sex Crimes Lawyer Can Help You Fight the Charges

If you or someone you know has been arrested and charged with the predatory criminal sexual assault of a child, you face very serious penalties if convicted. Contact Chicago’s experienced sex crimes attorney Steven Goldman for a consultation on your case.

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