Age of Consent Questions for Illinois

Q&A on statutory rape laws, age of consent laws, sexual assault laws for Illinois. Ask your Question

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:: March 17, 2009 20:08

Can a 24yr old man get in trouble for having a baby by a 16yr old, who has a 3 yr old child already? The 16yr old informed the young man and his family that she was 18yrs of age.

Yes, the possibility certainly exists. The laws in Illinois define a "child" to be anyone under the age of 17. The legal age of consent to have sexual contact is 17 and above. If the 16 year old is already a parent but has not been fully emancipated, living wholly or partially independent of her parents, there is certainly a possiblity for the 24 year old to be found in violation of Illinois sex offense laws. It would be highly advisable for the 24 year old to seek legal advice from a lisenced attorney in your jurisdiction. To obtain answers to legal questions from an attorney online, Ask Your General Question Here Now. There is a small fee associated with this service. To search for an attorney in your jurisdiction Get matched with a pre-screened local lawyers using LegalMatch The process is easy, free and confidential.

student raped at 10 now 19

:: March 05, 2009 10:56

I have a student who was raped at age 10 and the person was never prosecuted. She is now 19 is it to late to pursue this case?

In the state of Illinois the statute of limitations can extend beyond the normal ranges when a minor child has been sexually abused. The statute of limitations may extend up to twenty (20) years past the minor's 18th birthday depending on the nature and details of the case.

(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: (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. See Illinois Criminal Statutes for more information on the limitations laws (720 ILCS 5/Art. 3 heading) ARTICLE 3. RIGHTS OF DEFENDANT

Two 15-year olds having sex

:: April 22, 2008 05:11

Is it illegal in Illinois for 2 15 year olds to have consensual sex?

Yes. This is illegal. The legal age of consent to have sexual contact is 17. The two 15 year olds would likely not be held accountable in the criminal justice system, but rather the juvenile justice system. This would be a matter presented before a family court judge. The laws of the adult criminal system of justice apply to all citizens even juveniles; however, juveniles are held accountable to these laws based on the standards of the "Juvenile Justice System" where the emphasis is on rehabilitation. Criminal liability is not the same. Juvenile cases can be referred by a family court judge to the District Attorney to be heard in adult court but this is usually in cases involving violent crimes and/or habitual offenders.

What if Parent's Consent to relationship?

:: April 18, 2008 13:55

I have a daughter she is 16 years old. She is dating this boy that is 18 years old. They are not having sex from what I hear. But I was wondering if they do, will the boy still get introuble if I know about it, and I aprove of it? That is what my daughter is trying to tell me but I dont know if thats true.

NEW: updated - 05/11/08 (See comment section at bottom of page) The legal age of consent in Illinois is 17. This is a state law. If I understand the question correctly, you are wondering if by giving parental consent, the 18 year old would be safe from criminal prosecution. No, He will not. A parents consent will not overide state law and make an illegal act, legal. At 18, he is an adult subject to follow the same laws as all other adults citizens in the State of illinois.

ARTICLE 11. SEX OFFENSES

(720 ILCS 5/11-6) (from Ch. 38, par. 11-6) Sec. 11-6. Indecent solicitation of a child. (a) A person of the age of 17 years and upwards commits the offense of indecent solicitation of a child if the person, with the intent that the offense of aggravated criminal sexual assault, criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed, knowingly solicits a child or one whom he or she believes to be a child to perform an act of sexual penetration or sexual conduct as defined in Section 12-12 of this Code. (b) Definitions. As used in this Section: "Solicit" means to command, authorize, urge, incite, request, or advise another to perform an act by any means including, but not limited to, in person, over the phone, in writing, by computer, or by advertisement of any kind. "Child" means a person under 17 years of age. (c) Sentence. Indecent solicitation of a child is:
    (1) a Class 1 felony when the act, if done, would be predatory criminal sexual assault of a child or aggravated criminal sexual assault; (2) a Class 2 felony when the act, if done, would be criminal sexual assault; (3) a Class 3 felony when the act, if done, would be aggravated criminal sexual abuse.

"Child Pornography" laws

:: April 03, 2008 08:39

In Illinois The "Legal age of consent" is 17 years old. is it considered child porn if the female is 17 and takes a "pornographic" picture? especially if she consented to it? if so how is that possible if she is no longer a "minor" in the courts eyes?

Legally, the age of majority in the state of Illinois is 18 which means you are not legally considered an adult until you reach your 18th birthday. A person age 17, can no longer be a victim of statutory rape; however, that does not automatically make them a legal adult. According to Illinois laws, you can not sign legally binding contracts and you can not be married legally without sworn statements from your parents if you are under the age of 18. Child pornography laws apply to anyone under the age of 18 regardless of the age of sexual consent. A person may be the age at which they can legally consent to sexual activity; however, giving legal consent to create pornography or any form of exploitation for the purpose of child pornography is NOT legal. Any form of child exploitation simply can not be tolerated under any circumstance. This is not a problem iscolated to the US. This is a global issue and the reason the age is 18 is very simple; it is to protect ALL children from exploitation. Child pornography laws are about "protecting the many children who have been taken, sold, or are missing and do not have a voice. There is no justification for any form of child pornography even at the age of 17.

How to report child pornography found on the web
www.usdoj.gov/criminal/ceos/
The Child Exploitation and Obscenity Section (CEOS) of the Criminal Division, U.S. Department of Justice

Innocent Images National Initiative
Federal Bureau of Investigation
www.fbi.gov/hq/cid/cac/innocent.htm>
The Innocent Images National Initiative (IINI), a component of the FBI's Cyber Crimes Program

Ice Cyber Crimes Center
U.S. Immigration and Customs Enforcement
Toll-free: 1-866-DHS-2ICE
/www.ice.gov/graphics/investigations/services/cyberbranch.htm

National Center for Missing & Exploited Children Charles B. Wang International Children's Building 699 Prince Street Alexandria, Virginia 22314-3175 The United States of America Phone: 703-274-3900 Fax: 703-274-2200 Hotline:1-800-THE-LOST (1-800-843-5678) CyberTipLine.com

U.S. Postal Inspection Service
Inspection Service Operations Support Group
222 S. Riverside Plaza, Suite 1250
Chicago, IL 60606-6100
www.usps.com/postalinspectors/kid-porn.htm

Is it legal for a 17 year old to move in with her boyfriend?

:: August 27, 2007 16:59

Is it legal for a 17yr old girl that is now living with her parents to move out and move in with her boyfriend without the parents consent? and can they press charges?

In the state of Illinois, a seventeen year old may legally consent to sexual contact, meaning, it's not likely any charges for sexual assault of a minor would be in your boyfriends future; however, the age of majority in Illinois is still 18. Until you are 18 years of age, (or you are emancipated) you are a "minor" in legal terms. This means that your parents still have legal authority, responsibility, and accountability for the welfare and control of their minor child until the age of 18. They are within their authority to pursue legal action, where necessary, to maintain control until their minor child legally becomes an adult. Whether they will use that authority is something only you could know. Some parents do, and some don't. If they are motivated, there are probably a few ways they could make legal trouble for your boyfriend if you were to move in with him.

19yr old and 16yr old, consensual.

:: August 21, 2007 08:42

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.

15yr.oldf/20yr.oldm

:: August 08, 2007 15:45

My daughter became pregnant when she was 15. The man was 20. I really feel that I should report this-but the baby will be 3 in September. Is there a statute of limitations on reporting this? Who would I go to when filing a report? And lastly, could his mother get in trouble? (He lived with her at the time and it was at their residence that the contact happened. I did not know that she was seeing this man until it was too late and she was allready pregnant.)

Generally the following statute of limitations applies: Criminal Prosecutions Citation: 720 Ill. Comp. Stat. Ann. §§ 5/3-5; 5/3-6 For a felony, it is a period within 3 years after the commission of the offense. For a misdemeanor, it is a period of 1 year and 6 months after the commission of the offense. The statute of limitations for certain offenses against a minor extends for a period of 20 years after the minor reaches 18 years of age. These offenses include:

  • Sexual assault of a minor
  • Aggravated criminal assault
  • Predatory criminal assault of a child
  • Aggravated criminal sexual abuse
  • Alleged suspected commission of these acts
A district attorney would determine which limiations apply in your situation. You can file a complaint with the state, county, or city police. Depending on your local statutes and procedure, you may also be able to file a complaint directly with the District Attorney. It would be very unusual and is highly unlikely the mother of the 20 year old could be charged with a crime simply for owning the residence. Her son is a legally accountable adult.

23 male dating a 16 year old female illegal?

:: July 25, 2007 23:01

Is it illegal for a 23 year old male to date a 16 year old female, when there is no sexually activity going on?

As long as no sexual contact occurs and the parents of the 16 year old consent to the dating relationship it is legal. Sexual contact between a 23 year old and a 16 year old would be a violation of state law in Illinois. The age at which a minor can consent to sexual contact is 17.

19 yr. old boy with 14 yr. old daughter

:: June 29, 2007 23:20

there is this 19 yr.old guy hanging around my 14 yr. old daughter today i just found out that they had sex can i press charges on him? he told me himself that yes they did have sex

Yes, you would need to file a complaint with your local police. Under Illinois state law, a 14 year old is legally incapable of giving consent to a sexual act. An adult who engages in sexual activity with a 14 year old minor is in violation of Illinois state law.

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