Bill Text: IL HB4516 | 2013-2014 | 98th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Criminal Code of 2012 concerning predatory criminal sexual assault of a child. Provides that in order for the offense to be committed by the act of contact between the sex organ or anus of one person and the part of the body of another, the contact must be for the purpose of sexual gratification or arousal of the victim or the accused.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Passed) 2014-08-15 - Public Act . . . . . . . . . 98-0903 [HB4516 Detail]

Download: Illinois-2013-HB4516-Enrolled.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
Section 11-1.40 as follows:
(720 ILCS 5/11-1.40) (was 720 ILCS 5/12-14.1)
Sec. 11-1.40. Predatory criminal sexual assault of a child.
(a) A person commits predatory criminal sexual assault of a
child if that person is 17 years of age or older, and commits
an act of sexual penetration or 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 accused is 17 years of age
or older, and:
(1) the victim is under 13 years of age; or
(2) 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:
(i) results in permanent disability; or

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(ii) 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.
(b) Sentence.
(1) A person convicted of a violation of subsection
(a)(1) commits a Class X felony, for which the person shall
be sentenced to a term of imprisonment of not less than 6
years and not more than 60 years. A person convicted of a
violation of subsection (a)(2)(A) commits a Class X felony
for which 15 years shall be added to the term of
imprisonment imposed by the court. A person convicted of a
violation of subsection (a)(2)(B) commits a Class X felony
for which 20 years shall be added to the term of
imprisonment imposed by the court. A person convicted of a
violation of subsection (a)(2)(C) commits a Class X felony
for which the person shall be sentenced to a term of
imprisonment of not less than 50 years or up to a term of
natural life imprisonment.
(1.1) A person convicted of a violation of subsection
(a)(2)(D) commits a Class X felony for which the person
shall be sentenced to a term of imprisonment of not less
than 50 years and not more than 60 years.
(1.2) A person convicted of predatory criminal sexual

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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.
(2) A person who is convicted of a second or subsequent
offense of predatory criminal sexual assault of a child, or
who is convicted of the offense of predatory criminal
sexual assault of a child after having previously been
convicted of the offense of criminal sexual assault or the
offense of aggravated criminal sexual assault, or who is
convicted of the offense of predatory criminal sexual
assault of a child 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
predatory criminal sexual assault of a child, the offense
of aggravated criminal sexual assault or the offense of
criminal sexual assault, shall be sentenced to a term of
natural life imprisonment. The commission of the second or
subsequent offense is required to have been after the
initial conviction for this paragraph (2) to apply.
(Source: P.A. 98-370, eff. 1-1-14; revised 11-12-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.