Bill Text: IL HB6133 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Creates the offense of continuous sexual abuse of a child. Provides that a person commits the offense when he or she: (1) during a period that is 30 or more days in duration, the person commits 2 or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and (2) at the time of the commission of each of the acts of sexual abuse, the defendant is 17 years of age or older and the victim is a child under 14 years of age. Defines "act of sexual abuse". Establishes restrictions on conviction. Provides that a defendant may not be charged with more than one count of continuous sexual abuse of a child if all of the specific acts of sexual abuse that are alleged to have been committed are alleged to have been committed against a single victim. Establishes an affirmative defense. Provides that continuous sexual abuse of a child is a Class X felony for which the defendant shall be sentenced to a term of imprisonment of not less than 25 years and not more than natural life imprisonment.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB6133 Detail]

Download: Illinois-2011-HB6133-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB6133 Introduced , by Rep. John E. Bradley SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-9.6 new
Amends the Criminal Code of 1961. Creates the offense of continuous sexual abuse of a child. Provides that a person commits the offense when he or she: (1) during a period that is 30 or more days in duration, the person commits 2 or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and (2) at the time of the commission of each of the acts of sexual abuse, the defendant is 17 years of age or older and the victim is a child under 14 years of age. Defines "act of sexual abuse". Establishes restrictions on conviction. Provides that a defendant may not be charged with more than one count of continuous sexual abuse of a child if all of the specific acts of sexual abuse that are alleged to have been committed are alleged to have been committed against a single victim. Establishes an affirmative defense. Provides that continuous sexual abuse of a child is a Class X felony for which the defendant shall be sentenced to a term of imprisonment of not less than 25 years and not more than natural life imprisonment.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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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 1961 is amended by adding
Section 11-9.6 as follows:
(720 ILCS 5/11-9.6 new)
Sec. 11-9.6. Continuous sexual abuse of a child.
(a) For the purposes of this Section:
"Act of sexual abuse" means any act that is a violation
of one or more of the following Sections of the Criminal
Code of 1961:
(1) aggravated kidnapping under Section 10-2, if
the defendant committed the offense with the intent to
violate or abuse the victim sexually;
(2) criminal sexual assault under Section 11-1.20;
(3) aggravated criminal sexual assault under
Section 11-1.30;
(4) predatory criminal sexual assault of a child
under Section Section 11-1.40;
(5) criminal sexual abuse under Section 11-1.50,
if the defendant committed the offense in a manner
other than by touching, including touching through
clothing, the breast of a child;

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(6) aggravated criminal sexual abuse under Section
11-1.60;
(7) child pornography or aggravated child
pornography under paragraph (3) of subsection (a) of
Section 11-20.1 or under paragraph (3) of subsection
(a) of Section 11-20.1B; and
(8) home invasion under Section 12-11 or
residential burglary under Section 19-3, if the
defendant committed the offense with the intent to
commit an offense listed in paragraphs (1) through (7).
(b) A person commits continuous sexual abuse of a child
when he or she:
(1) during a period that is 30 or more days in
duration, the person commits 2 or more acts of sexual
abuse, regardless of whether the acts of sexual abuse are
committed against one or more victims; and
(2) at the time of the commission of each of the acts
of sexual abuse, the defendant is 17 years of age or older
and the victim is a child under 14 years of age.
(c) The prosecution is not required to prove which specific
acts of sexual abuse were committed by the defendant or the
exact date when those acts were committed, but the prosecution
must prove that the defendant, during a period that is 30 or
more days in duration, committed 2 or more acts of sexual
abuse.
(d) A defendant may not be convicted in the same criminal

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action of an offense listed under subsection (a) the victim of
which is the same victim as a victim of the offense alleged
under subsection (b) unless the offense listed in subsection
(a):
(1) is charged in the alternative;
(2) occurred outside the period in which the offense
alleged under subsection (b) was committed; or
(3) is considered by the trier of fact to be a lesser
included offense of the offense alleged under subsection
(b).
(e) A defendant may not be charged with more than one count
under subsection (b) if all of the specific acts of sexual
abuse that are alleged to have been committed are alleged to
have been committed against a single victim.
(f) It is an affirmative defense to prosecution under this
Section that the defendant:
(1) was not more than 5 years older than:
(A) the victim of the offense, if the offense is
alleged to have been committed against only one victim;
or
(B) the youngest victim of the offense, if the
offense is alleged to have been committed against more
than one victim;
(2) did not use duress, force or threat of force
against a victim at the time of the commission of any of
the acts of sexual abuse alleged as an element of the

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offense; and
(3) at the time of the commission of any of the acts of
sexual abuse alleged as an element of the offense:
(A) was not required under the Sex Offender
Registration Act to register for life as a sex
offender; or
(B) was not a person who under the Sex Offender
Registration Act had a reportable conviction or
adjudication for an offense under this Section or an
act of sexual abuse as described by subsection (a).
(g) Sentence. Continuous sexual abuse of a child is a Class
X felony for which the defendant shall be sentenced to a term
of imprisonment of not less than 25 years and not more than
natural life imprisonment.