98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4516

Introduced , by Rep. Emily McAsey

SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1

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.
LRB098 15813 RLC 50851 b

A BILL FOR

HB4516LRB098 15813 RLC 50851 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by changing
5Section 11-1.40 as follows:
6 (720 ILCS 5/11-1.40) (was 720 ILCS 5/12-14.1)
7 Sec. 11-1.40. Predatory criminal sexual assault of a child.
8 (a) A person commits predatory criminal sexual assault of a
9child if that person commits an act of sexual penetration or an
10act of contact, however slight, between the sex organ or anus
11of one person and the part of the body of another for the
12purpose of sexual gratification or arousal of the victim or the
13accused, and the accused is 17 years of age or older, and:
14 (1) the victim is under 13 years of age; or
15 (2) the victim is under 13 years of age and that
16 person:
17 (A) is armed with a firearm;
18 (B) personally discharges a firearm during the
19 commission of the offense;
20 (C) causes great bodily harm to the victim that:
21 (i) results in permanent disability; or
22 (ii) is life threatening; or
23 (D) delivers (by injection, inhalation, ingestion,

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1 transfer of possession, or any other means) any
2 controlled substance to the victim without the
3 victim's consent or by threat or deception, for other
4 than medical purposes.
5 (b) Sentence.
6 (1) A person convicted of a violation of subsection
7 (a)(1) commits a Class X felony, for which the person shall
8 be sentenced to a term of imprisonment of not less than 6
9 years and not more than 60 years. A person convicted of a
10 violation of subsection (a)(2)(A) commits a Class X felony
11 for which 15 years shall be added to the term of
12 imprisonment imposed by the court. A person convicted of a
13 violation of subsection (a)(2)(B) commits a Class X felony
14 for which 20 years shall be added to the term of
15 imprisonment imposed by the court. A person convicted of a
16 violation of subsection (a)(2)(C) commits a Class X felony
17 for which the person shall be sentenced to a term of
18 imprisonment of not less than 50 years or up to a term of
19 natural life imprisonment.
20 (1.1) A person convicted of a violation of subsection
21 (a)(2)(D) commits a Class X felony for which the person
22 shall be sentenced to a term of imprisonment of not less
23 than 50 years and not more than 60 years.
24 (1.2) A person convicted of predatory criminal sexual
25 assault of a child committed against 2 or more persons
26 regardless of whether the offenses occurred as the result

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1 of the same act or of several related or unrelated acts
2 shall be sentenced to a term of natural life imprisonment.
3 (2) A person who is convicted of a second or subsequent
4 offense of predatory criminal sexual assault of a child, or
5 who is convicted of the offense of predatory criminal
6 sexual assault of a child after having previously been
7 convicted of the offense of criminal sexual assault or the
8 offense of aggravated criminal sexual assault, or who is
9 convicted of the offense of predatory criminal sexual
10 assault of a child after having previously been convicted
11 under the laws of this State or any other state of an
12 offense that is substantially equivalent to the offense of
13 predatory criminal sexual assault of a child, the offense
14 of aggravated criminal sexual assault or the offense of
15 criminal sexual assault, shall be sentenced to a term of
16 natural life imprisonment. The commission of the second or
17 subsequent offense is required to have been after the
18 initial conviction for this paragraph (2) to apply.
19(Source: P.A. 98-370, eff. 1-1-14; revised 11-12-13.)