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Sex
Offenses
If you have been charged with a sex crime, you
are of course, facing possible serious jail time.
Jail time, however, could only be the start of
your problems. You could be labeled a "sex
offender." This is a lifelong stigma with
lifelong consequences. If you are convicted of
certain sex crimes, you may have to go through
sex offender registration. That registration could
follow you for the rest of your life, no matter
where you go. Your entire community will know
who you are, what you have done, and that you
are a "sex offender."
If you are currently under investigation, read
about the
Prefile Investigation.
Some Illinois sex-based offenses include:
*
Aggravated Criminal Sexual Assault
*
Aggravated Criminal Sexual Abuse
*
Criminal Sexual Abuse
* Indecent
Solicitation of an Adult
*
Child Pornography
*
Predatory Sexual Assault of a Child
*
Prostitution
*
Sexual Assault
At Johnson Law Group, we understand how to investigate
allegations of sexual misconduct. We understand
that many people are wrongly accused of having
committed sex offenses. We also understand that,
due to the sensitivity of such crimes, prosecutors
are under extreme pressure to "throw the
book" at alleged offenders despite the weakness
of the allegations. We have seen these investigations
from the inside. We know how to fight these allegations,
and find and present the kind of evidence that
will exonerate you. We will not lecture you about
what happened. We will not make moral judgments
about the crimes involved. What we will do is
defend you tenaciously against the charges brought
against you. If ever you need someone on your
side, it is when you are charged with a sex crime.
If you have been charged with a sex offense,
do not hesitate to call us, and do not be embarrassed.
Hesitation now could lead to a lifelong stigma.
At Johnson Law Group, we will fight the charges
against you. Contact us to discuss your situation
in complete confidence.
What is the difference between Rape and
Sexual Assault?
Rape is often used as a generic term for unwanted
sexual acts. However, its common-law definition
required the sexual act to be intercourse, the
rapist to be a man, and the victim to be a woman,
other than his wife. Furthermore, the act had
to be done by force or the threat of force. Common-law
rules often required the rape to be corroborated
by independent witnesses to negate the offender's
defense of consent.
Many modern-day codes no longer use the term
"rape" but instead use criminal sexual
abuse, criminal sexual assault or criminal sexual
conduct (CSC) to define the prohibited acts. Traditional
rape is covered by these statutes and may be designated
sexual abuse in the first degree. However, most
sexual assault statutes cover more kinds of sexual
acts and apply to homosexuals as well as heterosexuals.
Husbands can generally be charged with sexual
assault of their wives, although they may receive
a lighter sentence than non-marital sexual assault.
Lesser offenses, such as unwanted touching or
lascivious acts may be included in the definition
of sexual assault.
If you have been charged with a sex offense,
do not hesitate to call us, and do not be embarrassed.
Hesitation now could lead to a lifelong stigma.
At Johnson Law Group, we will fight the charges
against you. Contact
us to discuss your situation in complete
confidence.
We Fight to Win!
Sexual
Assault
720 ILCS 5/12-13
(a) The accused commits criminal sexual assault
if he or she:
(1) commits an act of sexual penetration by the
use of force or threat of force; or
(2) commits an act of sexual penetration and the
accused knew that the victim was unable to understand
the nature of the act or was unable to give knowing
consent; or
(3) commits an act of sexual penetration with
a victim who was under 18 years of age when the
act was committed and the accused was a family
member; or
(4) commits an act of sexual penetration with
a victim who was at least 13 years of age but
under 18 years of age when the act was committed
and the accused was 17 years of age or over and
held a position of trust, authority or supervision
in relation to the victim.
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Aggravated
Criminal Sexual Assault
720 ILCS 5/12-14
(a) The accused commits aggravated criminal sexual
assault if he or she commits criminal sexual assault
and any of the following aggravating circumstances
existed during, or for the purposes of paragraph
(7) of this subsection (a) as part of the same
course of conduct as, the commission of the offense:
(1) the accused displayed, threatened to use,
or used a dangerous weapon, other than a firearm,
or any object fashioned or utilized in such a
manner as to lead the victim under the circumstances
reasonably to believe it to be a dangerous weapon;
or
(2) the accused caused bodily harm, except as
provided in subsection (a)(10), to the victim;
or
(3) the accused acted in such a manner as to threaten
or endanger the life of the victim or any other
person; or
(4) the criminal sexual assault was perpetrated
during the course of the commission or attempted
commission of any other felony by the accused;
or
(5) the victim was 60 years of age or over when
the offense was committed; or
(6) the victim was a physically handicapped person;
or
(7) the accused delivered (by injection, inhalation,
ingestion, transfer of possession, or any other
means) to the victim without his or her consent,
or by threat or deception, and for other than
medical purposes, any controlled substance; or
(8) the accused was armed with a firearm; or
(9) the accused personally discharged a firearm
during the commission of the offense; or
(10) the accused, during the commission of the
offense, personally discharged a firearm that
proximately caused great bodily harm, permanent
disability, permanent disfigurement, or death
to another person.
(b) The accused commits aggravated criminal sexual
assault if the accused was under 17 years of age
and (i) commits an act of sexual penetration with
a victim who was under 9 years of age when the
act was committed; or (ii) commits an act of sexual
penetration with a victim who was at least 9 years
of age but under 13 years of age when the act
was committed and the accused used force or threat
of force to commit the act.
(c) The accused commits aggravated criminal sexual
assault if he or she commits an act of sexual
penetration with a victim who was a severely or
profoundly mentally retarded person at the time
the act was committed.
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Predatory
Sexual Assault of a Child
720 ILCS 5/12-14.1
(a) The accused commits predatory criminal sexual
assault of a child if:
(1) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim
who was under 13 years of age when the act was
committed; or
(1.1) the accused was 17 years of age or over
and, while armed with a firearm, commits an act
of sexual penetration with a victim who was under
13 years of age when the act was committed; or
(1.2) the accused was 17 years of age or over
and commits an act of sexual penetration with
a victim who was under 13 years of age when the
act was committed and, during the commission of
the offense, the accused personally discharged
a firearm; or
(2) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim
who was under 13 years of age when the act was
committed and the accused caused great bodily
harm to the victim that:
(A) resulted in permanent disability; or
(B) was life threatening; or
(3) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim
who was under 13 years of age when the act was
committed and the accused delivered (by injection,
inhalation, ingestion, transfer of possession,
or any other means) to the victim without his
or her consent, or by threat or deception, and
for other than medical purposes, any controlled
substance.
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Criminal
Sexual Abuse
720 ILCS 5/12-15
(a) The accused commits criminal sexual abuse
if he or she:
(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 the accused
knew that the victim was unable to understand
the nature of the act or was unable to give knowing
consent.
(b) The accused commits criminal sexual abuse
if the accused was under 17 years of age and commits
an act of sexual penetration or sexual conduct
with a victim who was at least 9 years of age
but under 17 years of age when the act was committed.
(c) The accused commits criminal sexual abuse
if he or she commits an act of sexual penetration
or sexual conduct with a victim who was at least
13 years of age but under 17 years of age and
the accused was less than 5 years older than the
victim.
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Aggravated
Criminal Sexual Abuse
720 ILCS 5/12-16
(a) The accused commits aggravated criminal sexual
abuse if he or she commits criminal sexual abuse
as defined in subsection (a) of Section 12-15
of this Code and any of the following aggravating
circumstances existed during, or for the purposes
of paragraph (7) of this subsection (a) as part
of the same course of conduct as, the commission
of the offense:
(1) the accused displayed, threatened to use
or used a dangerous weapon or any object fashioned
or utilized in such a manner as to lead the victim
under the circumstances reasonably to believe
it to be a dangerous weapon; or
(2) the accused caused bodily harm to the victim;
or
(3) the victim was 60 years of age or over when
the offense was committed; or
(4) the victim was a physically handicapped person;
or
(5) the accused acted in such a manner as to threaten
or endanger the life of the victim or any other
person; or
(6) the criminal sexual abuse was perpetrated
during the course of the commission or attempted
commission of any other felony by the accused;
or
(7) the accused delivered (by injection, inhalation,
ingestion, transfer of possession, or any other
means) to the victim without his or her consent,
or by threat or deception, and for other than
medical purposes, any controlled substance.
(b) The accused commits aggravated criminal sexual
abuse if he or she commits an act of sexual conduct
with a victim who was under 18 years of age when
the act was committed and the accused was a family
member.
(c) The accused commits aggravated criminal sexual
abuse if:
(1) the accused was 17 years of age or over and
(i) commits an act of sexual conduct with a victim
who was under 13 years of age when the act was
committed; or (ii) commits an act of sexual conduct
with a victim who was at least 13 years of age
but under 17 years of age when the act was committed
and the accused used force or threat of force
to commit the act; or
(2) the accused was under 17 years of age and
(i) commits an act of sexual conduct with a victim
who was under 9 years of age when the act was
committed; or (ii) commits an act of sexual conduct
with a victim who was at least 9 years of age
but under 17 years of age when the act was committed
and the accused used force or threat of force
to commit the act.
(d) The accused commits aggravated criminal sexual
abuse if he or she commits an act of sexual penetration
or sexual conduct with a victim who was at least
13 years of age but under 17 years of age and
the accused was at least 5 years older than the
victim.
(e) The accused commits aggravated criminal sexual
abuse if he or she commits an act of sexual conduct
with a victim who was a severely or profoundly
mentally retarded person at the time the act was
committed.
(f) The accused commits aggravated criminal sexual
abuse if he or she commits an act of sexual conduct
with a victim who was at least 13 years of age
but under 18 years of age when the act was committed
and the accused was 17 years of age or over and
held a position of trust, authority or supervision
in relation to the victim.
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Indecent
Solicitation of an Adult
720 ILCS 5/11-6.5
(a) A person commits indecent solicitation of
an adult if the person:
(1) Arranges for a person 17 years of age or
over to commit an act of sexual penetration as
defined in Section 12-12 with a person:
(i) Under the age of 13 years; or
(ii) Thirteen years of age or over but under the
age of 17 years; or
(2) Arranges for a person 17 years of age or over
to commit an act of sexual conduct as defined
in Section 12-12 with a person:
(i) Under the age of 13 years; or
(ii) Thirteen years of age or older but under
the age of 17 years.
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Child
Pornography
ยง 11-20.1. Child pornography.
(a) A person commits the offense of child pornography
who:
(1) films, videotapes, photographs, or otherwise
depicts or portrays by means of any similar visual
medium or reproduction or depicts by computer
any child whom he knows or reasonably should know
to be under the age of 18 or any severely or profoundly
mentally retarded person where such child or severely
or profoundly mentally retarded person is:
(i) actually or by simulation engaged in any act
of sexual penetration or sexual conduct with any
person or animal; or
(ii) actually or by simulation engaged in any
act of sexual penetration or sexual conduct involving
the sex organs of the child or severely or profoundly
mentally retarded person and the mouth, anus,
or sex organs of another person or animal; or
which involves the mouth, anus or sex organs of
the child or severely or profoundly mentally retarded
person and the sex organs of another person or
animal; or
(iii) actually or by simulation engaged in any
act of masturbation; or
(iv) actually or by simulation portrayed as being
the object of, or otherwise engaged in, any act
of lewd fondling, touching, or caressing involving
another person or animal; or
(v) actually or by simulation engaged in any act
of excretion or urination within a sexual context;
or
(vi) actually or by simulation portrayed or depicted
as bound, fettered, or subject to sadistic, masochistic,
or sadomasochistic abuse in any sexual context;
or
(vii) depicted or portrayed in any pose, posture
or setting involving a lewd exhibition of the
unclothed or transparently clothed genitals, pubic
area, buttocks, or, if such person is female,
a fully or partially developed breast of the child
or other person; or
(2) with the knowledge of the nature or content
thereof, reproduces, disseminates, offers to disseminate,
exhibits or possesses with intent to disseminate
any film, videotape, photograph or other similar
visual reproduction or depiction by computer of
any child or severely or profoundly mentally retarded
person whom the person knows or reasonably should
know to be under the age of 18 or to be a severely
or profoundly mentally retarded person, engaged
in any activity described in subparagraphs (i)
through (vii) of paragraph (1) of this subsection;
or
(3) with knowledge of the subject matter or theme
thereof, produces any stage play, live performance,
film, videotape or other similar visual portrayal
or depiction by computer which includes a child
whom the person knows or reasonably should know
to be under the age of 18 or a severely or profoundly
mentally retarded person engaged in any activity
described in subparagraphs (i) through (vii) of
paragraph (1) of this subsection; or
(4) solicits, uses, persuades, induces, entices,
or coerces any child whom he knows or reasonably
should know to be under the age of 18 or a severely
or profoundly mentally retarded person to appear
in any stage play, live presentation, film, videotape,
photograph or other similar visual reproduction
or depiction by computer in which the child or
severely or profoundly mentally retarded person
is or will be depicted, actually or by simulation,
in any act, pose or setting described in subparagraphs
(i) through (vii) of paragraph (1) of this subsection;
or
(5) is a parent, step-parent, legal guardian or
other person having care or custody of a child
whom the person knows or reasonably should know
to be under the age of 18 or a severely or profoundly
mentally retarded person and who knowingly permits,
induces, promotes, or arranges for such child
or severely or profoundly mentally retarded person
to appear in any stage play, live performance,
film, videotape, photograph or other similar visual
presentation, portrayal or simulation or depiction
by computer of any act or activity described in
subparagraphs (i) through (vii) of paragraph (1)
of this subsection; or
(6) with knowledge of the nature or content thereof,
possesses any film, videotape, photograph or other
similar visual reproduction or depiction by computer
of any child or severely or profoundly mentally
retarded person whom the person knows or reasonably
should know to be under the age of 18 or to be
a severely or profoundly mentally retarded person,
engaged in any activity described in subparagraphs
(i) through (vii) of paragraph (1) of this subsection;
or
(7) solicits, uses, persuades, induces, entices,
or coerces a person to provide a child under the
age of 18 or a severely or profoundly mentally
retarded person to appear in any videotape, photograph,
film, stage play, live presentation, or other
similar visual reproduction or depiction by computer
in which the child or severely or profoundly mentally
retarded person will be depicted, actually or
by simulation, in any act, pose, or setting described
in subparagraphs (i) through (vii) of paragraph
(1) of this subsection.
(b)(1) It shall be an affirmative defense to a
charge of child pornography that the defendant
reasonably believed, under all of the circumstances,
that the child was 18 years of age or older or
that the person was not a severely or profoundly
mentally retarded person but only where, prior
to the act or acts giving rise to a prosecution
under this Section, he took some affirmative action
or made a bonafide inquiry designed to ascertain
whether the child was 18 years of age or older
or that the person was not a severely or profoundly
mentally retarded person and his reliance upon
the information so obtained was clearly reasonable.
(2) (Blank).
(3) The charge of child pornography shall not
apply to the performance of official duties by
law enforcement or prosecuting officers or persons
employed by law enforcement or prosecuting agencies,
court personnel or attorneys, nor to bonafide
treatment or professional education programs conducted
by licensed physicians, psychologists or social
workers.
(4) Possession by the defendant of more than one
of the same film, videotape or visual reproduction
or depiction by computer in which child pornography
is depicted shall raise a rebuttable presumption
that the defendant possessed such materials with
the intent to disseminate them.
(5) The charge of child pornography does not apply
to a person who does not voluntarily possess a
film, videotape, or visual reproduction or depiction
by computer in which child pornography is depicted.
Possession is voluntary if the defendant knowingly
procures or receives a film, videotape, or visual
reproduction or depiction for a sufficient time
to be able to terminate his or her possession.
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Prostitution
720 ILCS 5/11-14
(a) Any person who performs, offers or agrees
to perform any act of sexual penetration as defined
in Section 12-12 of this Code for any money, property,
token, object, or article or anything of value,
or any touching or fondling of the sex organs
of one person by another person, for any money,
property, token, object, or article or anything
of value, for the purpose of sexual arousal or
gratification commits an act of prostitution.
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