Orland Park Sexual Abuse Defense Attorney

Joliet Sex Crimes Lawyer for Sex Abuse or Aggravated Criminal Sexual Abuse Charges

Sexual conduct, as defined by Illinois law, 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 accused.

Additionally, Illinois provides what is often called a "Romeo and Juliet" provision in the Criminal Sexual Abuse law. These circumstances are present when two individuals, who are minors, are involved in a romantic relationship and both consent to any sexual act or conduct. While Illinois law does not decriminalize these sexual acts conducted by and between minors, the law provides for more lax sentencing.

The Sentence

Sex Offender Registration Requirement? Yes.

Aggravated Criminal Sexual Abuse

When certain circumstances are present, Criminal Sexual Abuse can be upgraded to Aggravated Criminal Sexual Abuse, thereby triggering very severe sentencing possibilities. If bodily harm occurs to the victim during the commission of sexual abuse, if the victim is at least 60 years or if the victim suffers from a physical disability, the offense becomes aggravated in nature. Additionally, if the abuse occurs during the commission of any other felony or attempted felony, this will serve as a basis to upgrading the charge. For instance, if in the commission of a burglary, an individual sexually abuses a resident of the home, Aggravated Criminal Sexual Abuse charges will ensue.

Also, the law differentiates between normal "Romeo and Juliet" relationships (which may exist in ordinary Criminal Sexual Abuse) and "Romeo and Juliet" relationships involving the use of force or the threat of the use of force during the commission of the sexual abuse. While a normal "Romeo and Juliet" scenario leads to misdemeanor charges, the addition of force, or the threat of force, enhances the offense to Aggravated Criminal Sexual Abuse, a felony.

The law also creates upgraded penalties for those convicted of sexual abuse while they are in a position of trust, authority or supervision in relation to the victim, so long as the person is 17 years or older and the victim is under the age of 18. Thus, a situation involving sexual abuse between a student and teacher, or teenage athlete and their coach, will be enhanced to Aggravated Criminal Sexual Abuse.

The Sentence

CLASS 2 FELONY

- 3 to 7 years in state prison

- Fine of up to $25,000

Probation Possible? Yes.

Supervision Possible? No.

Sex Offender Registration Requirement? Yes.

Contact Our Tinley Park Sex Crimes Defense Lawyer

If you have been accused of sexual abuse, we can help you defend against these charges. Contact us at 708-966-2408 to arrange a free consultation.