Bill Text: IL HB1397 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Criminal Code of 2012. In the Sex Offenses Article of the Code, defines "coercive control" as direct or implied threat of danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act that otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted. Provides that a person commits criminal sexual assault if that person commits an act of sexual penetration and uses coercive control. Provides that a person commits criminal sexual abuse if that person commits an act of sexual conduct by the use of coercive control.

Spectrum: Moderate Partisan Bill (Democrat 27-4)

Status: (Engrossed) 2023-04-27 - Added Co-Sponsor Rep. Kevin Schmidt [HB1397 Detail]

Download: Illinois-2023-HB1397-Engrossed.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Sections 11-0.1, 11-1.20, and 11-1.50 as follows:
(720 ILCS 5/11-0.1)
Sec. 11-0.1. Definitions. In this Article, unless the
context clearly requires otherwise, the following terms are
defined as indicated:
"Accused" means a person accused of an offense prohibited
by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
this Code or a person for whose conduct the accused is legally
responsible under Article 5 of this Code.
"Adult obscenity or child pornography Internet site". See
Section 11-23.
"Advance prostitution" means:
(1) Soliciting for a prostitute by performing any of
the following acts when acting other than as a prostitute
or a patron of a prostitute:
(A) Soliciting another for the purpose of
prostitution.
(B) Arranging or offering to arrange a meeting of
persons for the purpose of prostitution.

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(C) Directing another to a place knowing the
direction is for the purpose of prostitution.
(2) Keeping a place of prostitution by controlling or
exercising control over the use of any place that could
offer seclusion or shelter for the practice of
prostitution and performing any of the following acts when
acting other than as a prostitute or a patron of a
prostitute:
(A) Knowingly granting or permitting the use of
the place for the purpose of prostitution.
(B) Granting or permitting the use of the place
under circumstances from which he or she could
reasonably know that the place is used or is to be used
for purposes of prostitution.
(C) Permitting the continued use of the place
after becoming aware of facts or circumstances from
which he or she should reasonably know that the place
is being used for purposes of prostitution.
"Agency". See Section 11-9.5.
"Arranges". See Section 11-6.5.
"Bodily harm" means physical harm, and includes, but is
not limited to, sexually transmitted disease, pregnancy, and
impotence.
"Care and custody". See Section 11-9.5.
"Child care institution". See Section 11-9.3.
"Child pornography". See Section 11-20.1.

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"Child sex offender". See Section 11-9.3.
"Coercive control" means a direct or implied threat of
danger, or retribution sufficient to coerce a reasonable
person of ordinary susceptibilities to perform an act that
otherwise would not have been performed, or acquiesce in an
act to which one otherwise would not have submitted.
"Community agency". See Section 11-9.5.
"Conditional release". See Section 11-9.2.
"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.
"Custody". See Section 11-9.2.
"Day care center". See Section 11-9.3.
"Depict by computer". See Section 11-20.1.
"Depiction by computer". See Section 11-20.1.
"Disseminate". See Section 11-20.1.
"Distribute". See Section 11-21.
"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

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resided in the household with the child continuously for at
least 6 months.
"Force or threat of force" means the use of force or
violence or the threat of force or violence, including, but
not limited to, the following situations:
(1) when the accused threatens to use force or
violence on the victim or on any other person, and the
victim under the circumstances reasonably believes that
the accused has the ability to execute that threat; or
(2) when the accused overcomes the victim by use of
superior strength or size, physical restraint, or physical
confinement.
"Harmful to minors". See Section 11-21.
"Loiter". See Section 9.3.
"Material". See Section 11-21.
"Minor". See Section 11-21.
"Nudity". See Section 11-21.
"Obscene". See Section 11-20.
"Part day child care facility". See Section 11-9.3.
"Penal system". See Section 11-9.2.
"Person responsible for the child's welfare". See Section
11-9.1A.
"Person with a disability". See Section 11-9.5.
"Playground". See Section 11-9.3.
"Probation officer". See Section 11-9.2.
"Produce". See Section 11-20.1.

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"Profit from prostitution" means, when acting other than
as a prostitute, to receive anything of value for personally
rendered prostitution services or to receive anything of value
from a prostitute, if the thing received is not for lawful
consideration and the person knows it was earned in whole or in
part from the practice of prostitution.
"Public park". See Section 11-9.3.
"Public place". See Section 11-30.
"Reproduce". See Section 11-20.1.
"Sado-masochistic abuse". See Section 11-21.
"School". See Section 11-9.3.
"School official". See Section 11-9.3.
"Sexual abuse". See Section 11-9.1A.
"Sexual act". See Section 11-9.1.
"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.
"Sexual excitement". See Section 11-21.
"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

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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. Evidence of emission of semen
is not required to prove sexual penetration.
"Solicit". See Section 11-6.
"State-operated facility". See Section 11-9.5.
"Supervising officer". See Section 11-9.2.
"Surveillance agent". See Section 11-9.2.
"Treatment and detention facility". See Section 11-9.2.
"Unable to give knowing consent" includes when the accused
administers any intoxicating or anesthetic substance, or any
controlled substance causing the victim to become unconscious
of the nature of the act and this condition was known, or
reasonably should have been known by the accused. "Unable to
give knowing consent" also includes when the victim has taken
an intoxicating substance or any controlled substance causing
the victim to become unconscious of the nature of the act, and
this condition was known or reasonably should have been known
by the accused, but the accused did not provide or administer
the intoxicating substance. As used in this paragraph,
"unconscious of the nature of the act" means incapable of
resisting because the victim meets any one of the following
conditions:
(1) was unconscious or asleep;
(2) was not aware, knowing, perceiving, or cognizant

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that the act occurred;
(3) was not aware, knowing, perceiving, or cognizant
of the essential characteristics of the act due to the
perpetrator's fraud in fact; or
(4) was not aware, knowing, perceiving, or cognizant
of the essential characteristics of the act due to the
perpetrator's fraudulent representation that the sexual
penetration served a professional purpose when it served
no professional purpose.
A victim is presumed "unable to give knowing consent" when
the victim:
(1) is committed to the care and custody or
supervision of the Illinois Department of Corrections
(IDOC) and the accused is an employee or volunteer who is
not married to the victim who knows or reasonably should
know that the victim is committed to the care and custody
or supervision of such department;
(2) is committed to or placed with the Department of
Children and Family Services (DCFS) and in residential
care, and the accused employee is not married to the
victim, and knows or reasonably should know that the
victim is committed to or placed with DCFS and in
residential care;
(3) is a client or patient and the accused is a health
care provider or mental health care provider and the
sexual conduct or sexual penetration occurs during a

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treatment session, consultation, interview, or
examination;
(4) is a resident or inpatient of a residential
facility and the accused is an employee of the facility
who is not married to such resident or inpatient who
provides direct care services, case management services,
medical or other clinical services, habilitative services
or direct supervision of the residents in the facility in
which the resident resides; or an officer or other
employee, consultant, contractor or volunteer of the
residential facility, who knows or reasonably should know
that the person is a resident of such facility; or
(5) is detained or otherwise in the custody of a
police officer, peace officer, or other law enforcement
official who: (i) is detaining or maintaining custody of
such person; or (ii) knows, or reasonably should know,
that at the time of the offense, such person was detained
or in custody and the police officer, peace officer, or
other law enforcement official is not married to such
detainee.
"Victim" means a person alleging to have been subjected to
an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
11-1.50, or 11-1.60 of this Code.
(Source: P.A. 102-567, eff. 1-1-22; 102-1096, eff. 1-1-23.)
(720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)

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Sec. 11-1.20. Criminal sexual assault.
(a) A person commits criminal sexual assault if that
person commits an act of sexual penetration and:
(1) uses force or threat of force;
(2) knows that the victim is unable to understand the
nature of the act or is unable to give knowing consent;
(3) is a family member of the victim, and the victim is
under 18 years of age; or
(4) is 17 years of age or over and holds a position of
trust, authority, or supervision in relation to the
victim, and the victim is at least 13 years of age but
under 18 years of age; or
(5) uses coercive control.
(b) Sentence.
(1) Criminal sexual assault is a Class 1 felony,
except that:
(A) A person who is convicted of the offense of
criminal sexual assault as defined in paragraph (a)(1)
or (a)(2) after having previously been convicted of
the offense of criminal sexual assault or the offense
of exploitation of a child, or who is convicted of the
offense of criminal sexual assault as defined in
paragraph (a)(1) or (a)(2) after having previously
been convicted under the laws of this State or any
other state of an offense that is substantially
equivalent to the offense of criminal sexual assault

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or to the offense of exploitation of a child, commits a
Class X felony for which the person shall be sentenced
to a term of imprisonment of not less than 30 years and
not more than 60 years, except that if the person is
under the age of 18 years at the time of the offense,
he or she shall be sentenced under Section 5-4.5-105
of the Unified Code of Corrections. The commission of
the second or subsequent offense is required to have
been after the initial conviction for this paragraph
(A) to apply.
(B) A person who has attained the age of 18 years
at the time of the commission of the offense and who is
convicted of the offense of criminal sexual assault as
defined in paragraph (a)(1) or (a)(2) after having
previously been convicted of the offense of aggravated
criminal sexual assault or the offense of predatory
criminal sexual assault of a child, or who is
convicted of the offense of criminal sexual assault as
defined in paragraph (a)(1) or (a)(2) after having
previously been convicted under the laws of this State
or any other state of an offense that is substantially
equivalent to the offense of aggravated criminal
sexual assault or the offense of predatory criminal
sexual assault of a child shall be sentenced to a term
of natural life imprisonment. The commission of the
second or subsequent offense is required to have been

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after the initial conviction for this paragraph (B) to
apply. An offender under the age of 18 years at the
time of the commission of the offense covered by this
subparagraph (B) shall be sentenced under Section
5-4.5-105 of the Unified Code of Corrections.
(C) A second or subsequent conviction for a
violation of paragraph (a)(3) or (a)(4) or under any
similar statute of this State or any other state for
any offense involving criminal sexual assault that is
substantially equivalent to or more serious than the
sexual assault prohibited under paragraph (a)(3) or
(a)(4) is a Class X felony.
(Source: P.A. 99-69, eff. 1-1-16.)
(720 ILCS 5/11-1.50) (was 720 ILCS 5/12-15)
Sec. 11-1.50. Criminal sexual abuse.
(a) A person commits criminal sexual abuse if that person:
(1) commits an act of sexual conduct by the use of
force or threat of force; or
(2) commits an act of sexual conduct and knows that
the victim is unable to understand the nature of the act or
is unable to give knowing consent; or
(3) commits an act of sexual conduct by the use of
coercive control.
(b) A person commits criminal sexual abuse if that person
is under 17 years of age and commits an act of sexual

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penetration or sexual conduct with a victim who is at least 9
years of age but under 17 years of age.
(c) A person commits criminal sexual abuse if that person
commits an act of sexual penetration or sexual conduct with a
victim who is at least 13 years of age but under 17 years of
age and the person is less than 5 years older than the victim.
(d) Sentence. Criminal sexual abuse for a violation of
subsection (b) or (c) of this Section is a Class A misdemeanor.
Criminal sexual abuse for a violation of paragraph (1), or
(2), or (3) of subsection (a) of this Section is a Class 4
felony. A second or subsequent conviction for a violation of
subsection (a) of this Section is a Class 2 felony. For
purposes of this Section it is a second or subsequent
conviction if the accused has at any time been convicted under
this Section or under any similar statute of this State or any
other state for any offense involving sexual abuse or sexual
assault that is substantially equivalent to or more serious
than the sexual abuse prohibited under this Section.
(Source: P.A. 96-1551, eff. 7-1-11.)