19yr old and 16yr old, consensual.

Illinois

Can a 19yr old really get charged for having oral sex with a 16 yr old, even though the 16 yr old agreed to it?

Yes,

The legal age of consent is 17. This means a minor under the age of 17 can not legally give consent to sexual contact. It is not legal for an adult to engage in sexual intercourse or oral sexual contact with a minor under the age of 17.

Submitted by Anonymous (not verified) on Sun, 10/30/2011 - 14:48.

I am almost 17, my boyfriend just turned 19 and I live with him. My mother knows I do. Is it okay for us to have sex?

Submitted by Anonymous (not verified) on Thu, 11/25/2010 - 10:23.

ILLIOIS
can a 17 yeear old girl have sex with a 15 year old boy wit out a chance of any charges?
what about a 18 year old girl and a 15 year old boy?
if not, what are the charges? how severe? and how would the charges get pressed if both families have given consent?

Submitted by Anonymous (not verified) on Tue, 12/29/2009 - 08:08.

Do these laws apply if participants are both females? If not, they should apply.

Submitted by Anonymous (not verified) on Mon, 11/30/2009 - 20:11.

this is so stupid, sex shouldn't be legal or illegal, especially if the age difference is 2 years where they're 18, and 16. Sex is an important step in young adult lives and should be accepted. what if ones 18 and the others 17? is that then legal?

Submitted by Anonymous (not verified) on Thu, 11/26/2009 - 00:20.

Illinois - The age of consent in Illinois is 17. It is illegal to have sex with someone under the age of 18 if you are more than 5 years older than the minor. This is called "Romeo and Juliet" law, which serves to reduce or eliminate the penalty of the crime in cases where the couple's age difference is minor and the sexual contact is only considered rape because of the lack of legally-recognized consent.

Far too common are cases where a 16 year olds and 18 year olds are in consentual sexually active relationships and parents of the minors find out and press charges against the 18 year olds.

I personally think the 5 year difference should be reconsidered and changed to 2 years, but this should be considered in cases of consentual sex cases.

Submitted by Anonymous (not verified) on Thu, 10/29/2009 - 16:36.

even if his parent says its ok and he says its ok is it still illegal?

Submitted by Anonymous (not verified) on Mon, 10/05/2009 - 21:45.

These laws are made to bust the 'balls' of those tanscending into adult hood, not protect the innocent. I'm not exactly sure how much a prosecutor would pursue a case that was borderline though.

Submitted by Anonymous (not verified) on Sun, 08/16/2009 - 20:10.

If a 15 year old had sex with her 18year old boyfriend then later on gets pregnet & has a child how long do the parents have,
to charge the boy if they wanted to?

Submitted by dunsailn on Thu, 08/20/2009 - 05:49.

In Illinois the statute of limitations laws provide a guide for prosecuting cases reported under specific time lines. It would be up to a prosecuting attorney to determine which limitation law applies to your case. In most situations, charges for a felony must commence within three (3) years after the commission of the offense; misdemeanors are eighteen (18) months. There are extended limitations in some cases. The most commonly applied limitation law is below (subsection b). Below the subsection is the entire section of the chapter related to time limitations.

(720 ILCS 5/3‑6) (from Ch. 38, par. 3‑6)
Sec. 3‑6. Extended limitations. The period within which a prosecution must be commenced under the provisions of Section 3‑5 or other applicable statute is extended under the following conditions:

(b) Unless the statute describing the offense provides otherwise, or the period of limitation is extended by Section 3‑6, a prosecution for any offense not designated in Subsection (a) must be commenced within 3 years after the commission of the offense if it is a felony, or within one year and 6 months after its commission if it is a misdemeanor.

(720 ILCS 5/3‑5) (from Ch. 38, par. 3‑5)
Sec. 3‑5. General Limitations.

(a) A prosecution for: (1) first degree murder, attempt to commit first degree murder, second degree murder, involuntary manslaughter, reckless homicide, leaving the scene of a motor vehicle accident involving death or personal injuries under Section 11‑401 of the Illinois Vehicle Code, failing to give information and render aid under Section 11‑403 of the Illinois Vehicle Code, concealment of homicidal death, treason, arson, aggravated arson, forgery, or (2) any offense involving sexual conduct or sexual penetration, as defined by Section 12‑12 of this Code in which the DNA profile of the offender is obtained and entered into a DNA database within 10 years after the commission of the offense, may be commenced at any time. Clause (2) of this subsection (a) applies if either: (i) the victim reported the offense to law enforcement authorities within 3 years after the commission of the offense unless a longer period for reporting the offense to law enforcement authorities is provided in Section 3‑6 or (ii) the victim is murdered during the course of the offense or within 2 years after the commission of the offense.
(b) Unless the statute describing the offense provides otherwise, or the period of limitation is extended by Section 3‑6, a prosecution for any offense not designated in Subsection (a) must be commenced within 3 years after the commission of the offense if it is a felony, or within one year and 6 months after its commission if it is a misdemeanor.
(Source: P.A. 94‑487, eff. 11‑9‑05; 94‑683, eff. 11‑9‑05; 95‑899, eff. 1‑1‑09.)

(720 ILCS 5/3‑6) (from Ch. 38, par. 3‑6)
Sec. 3‑6. Extended limitations.
The period within which a prosecution must be commenced under the provisions of Section 3‑5 or other applicable statute is extended under the following conditions:
(a) A prosecution for theft involving a breach of a fiduciary obligation to the aggrieved person may be commenced as follows:
(1) If the aggrieved person is a minor or a person
under legal disability, then during the minority or legal disability or within one year after the termination thereof.

(2) In any other instance, within one year after the
discovery of the offense by an aggrieved person, or by a person who has legal capacity to represent an aggrieved person or has a legal duty to report the offense, and is not himself or herself a party to the offense; or in the absence of such discovery, within one year after the proper prosecuting officer becomes aware of the offense. However, in no such case is the period of limitation so extended more than 3 years beyond the expiration of the period otherwise applicable.

(b) A prosecution for any offense based upon misconduct in office by a public officer or employee may be commenced within one year after discovery of the offense by a person having a legal duty to report such offense, or in the absence of such discovery, within one year after the proper prosecuting officer becomes aware of the offense. However, in no such case is the period of limitation so extended more than 3 years beyond the expiration of the period otherwise applicable.
(c) Except as otherwise provided in subsection (a) of Section 3‑5 of this Code and subdivision (i) or (j) of this Section, a prosecution for any offense involving sexual conduct or sexual penetration, as defined in Section 12‑12 of this Code, where the victim and defendant are family members, as defined in Section 12‑12 of this Code, may be commenced within one year of the victim attaining the age of 18 years.
(d) A prosecution for child pornography, indecent solicitation of a child, soliciting for a juvenile prostitute, juvenile pimping or exploitation of a child may be commenced within one year of the victim attaining the age of 18 years. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense. When the victim is under 18 years of age, a prosecution for criminal sexual abuse may be commenced within one year of the victim attaining the age of 18 years. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense.
(e) Except as otherwise provided in subdivision (j), a prosecution for any offense involving sexual conduct or sexual penetration, as defined in Section 12‑12 of this Code, where the defendant was within a professional or fiduciary relationship or a purported professional or fiduciary relationship with the victim at the time of the commission of the offense may be commenced within one year after the discovery of the offense by the victim.
(f) A prosecution for any offense set forth in Section 44 of the "Environmental Protection Act", approved June 29, 1970, as amended, may be commenced within 5 years after the discovery of such an offense by a person or agency having the legal duty to report the offense or in the absence of such discovery, within 5 years after the proper prosecuting officer becomes aware of the offense.
(f‑5) A prosecution for any offense set forth in Section 16G‑15 or 16G‑20 of this Code may be commenced within 5 years after the discovery of the offense by the victim of that offense.
(g) (Blank).
(h) (Blank).
(i) Except as otherwise provided in subdivision (j), a prosecution for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse may be commenced within 10 years of the commission of the offense if the victim reported the offense to law enforcement authorities within 3 years after the commission of the offense.
Nothing in this subdivision (i) shall be construed to shorten a period within which a prosecution must be commenced under any other provision of this Section.
(j) When the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse or a prosecution for failure of a person who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act may be commenced within 20 years after the child victim attains 18 years of age.
Nothing in this subdivision (j) shall be construed to shorten a period within which a prosecution must be commenced under any other provision of this Section.
(k) A prosecution for theft involving real property exceeding $100,000 in value under Section 16‑1, identity theft under Section 16G‑15, aggravated identity theft under Section 16G‑20, or any offense set forth in Article 16H may be commenced within 7 years of the last act committed in furtherance of the crime.
(Source: P.A. 94‑253, eff. 1‑1‑06; 94‑990, eff. 1‑1‑07; 95‑548, eff. 8‑30‑07.)

(720 ILCS 5/3‑7) (from Ch. 38, par. 3‑7)
Sec. 3‑7. Periods excluded from limitation.
The period within which a prosecution must be commenced does not include any period in which:
(a) The defendant is not usually and publicly resident within this State; or
(b) The defendant is a public officer and the offense charged is theft of public funds while in public office; or
(c) A prosecution is pending against the defendant for the same conduct, even if the indictment or information which commences the prosecution is quashed or the proceedings thereon are set aside, or are reversed on appeal; or
(d) A proceeding or an appeal from a proceeding relating to the quashing or enforcement of a Grand Jury subpoena issued in connection with an investigation of a violation of a criminal law of this State is pending. However, the period within which a prosecution must be commenced includes any period in which the State brings a proceeding or an appeal from a proceeding specified in this subsection (d); or
(e) A material witness is placed on active military duty or leave. In this subsection (e), "material witness" includes, but is not limited to, the arresting officer, occurrence witness, or the alleged victim of the offense; or
(f) The victim of unlawful force or threat of imminent bodily harm to obtain information or a confession is incarcerated, and the victim's incarceration, in whole or in part, is a consequence of the unlawful force or threats.
(Source: P.A. 93‑417, eff. 8‑5‑03; 94‑1113, eff. 1‑1‑08.)

(720 ILCS 5/3‑8) (from Ch. 38, par. 3‑8)
Sec. 3‑8. Limitation on offense based on series of acts. When an offense is based on a series of acts performed at different times, the period of limitation prescribed by this Article starts at the time when the last such act is committed.
(Source: Laws 1961, p. 1983.)

Submitted by Anonymous (not verified) on Tue, 09/30/2008 - 11:09.

thats not fair!!if they wanna give each other head then it should be fine

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