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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consent overruled

:: June 28, 2007 21:41

in illinois the age of consent is 17. but do parents of the younger person still have right to press charges? even though that person has reached the age of consent?

A seventeen year old can consent to have sexual contact in Illinois; however, the age of majority in Illinois is 18. Until you are 18 years of age, you are a "minor" under the legal authority of your parents or legal guardians. This means that parents still have legal authority, responsibility, and accountability for the welfare and control of their minor child. They are within their authority to pursue legal action, if necessary, to maintain control until their minor child legally becomes an adult.

18 yr. old has sexual intercourse with a 15 yr. old

:: June 28, 2007 13:06

If my ex-boyfriend was 18 the first time we had sexual intercourse and I was/am 15, would he get in trouble if my parents chose to press charges and if so, what would the punishment be?

The age of consent to have sexual contact is 17. That said, it would be a violation of state law for an 18 year old and a 15 year old to have sexual relations. If an 18 year old has sexual contact with a 15 year old and the parents file a complaint with police, there would likely be an investigation. The 18 year old may be found in violation of state law under chapter 38 Article 11 (sexual offenses). This could be a misdemeanor or a felony charge depending on the circumstances. There really is no good way to accurately estimate what the punishment might be. This would be up to a judge and would depend on several factors.

Age difference

:: June 25, 2007 20:04

Would it be illegal to have a male 17yr. and a 15 yr. old to date and have sexual intercourse if they were both willing to do so?

Yes, this would be "illegal" sexual activity. The 17 year old can be charged as an adult.

(720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)Sec. 11-9.1. Sexual exploitation of a child.
a) Any person commits sexual exploitation of a child if in the presence of a child and with intent or knowledge that a child would view his or her acts, that person: (1) engages in a sexual act; or (2) exposes his or her sex organs, anus or breast for the purpose of sexual arousal or gratification of such person or the child. (a-5) A person commits sexual exploitation of a child who knowingly entices, coerces, or persuades a child to remove the child's clothing for the purpose of sexual arousal or gratification of the person or the child, or both. (b) Definitions. As used in this Section: "Sexual act" means masturbation, sexual conduct or sexual penetration as defined in Section 12-12 of this Code. "Sex offense" means any violation of Article 11 of this Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-16.2 of this Code. "Child" means a person under 17 years of age. (c) Sentence. (1) Sexual exploitation of a child is a Class A misdemeanor. A second or subsequent violation of this Section or a substantially similar law of another state is a Class 4 felony. (2) Sexual exploitation of a child is a Class 4 felony if the person has been previously convicted of a sex offense. (3) Sexual exploitation of a child is a Class 4 felony if the victim was under 13 years of age at the time of the commission of the offense.

Need help with this

:: May 22, 2007 16:28

My girlfriend is 16 turning 17 on July 1st and I am 20. My question is if she were to conceive a child by me, would we get in trouble if the child is born after she turns 17 and if so then how much trouble would we be in? Please respond as soon as you can please!!

The legal statutory age of consent to have sexual intercourse in the state of Illinois is 17. If a pregnancy occurs and it is determined that the minor was under the age of 17 when the child was conceived, there may be criminal action taken against the biological father. It would be up to the prosecutor to determine whether charges will be filed. This may be a misdemeanor or a felony charge depending on the situation and past criminal history. Misdemeanors carry a maximum punishment of a fine and less than one year of incarceration. Crimes for which a person may be punished by more than one year in jail or in prison are categorized in Illinois as felonies

Kiss?

:: April 15, 2007 04:10

Is it illegal to kiss a guy if I'm 16 and he's 23?

In my interpretation of the law below, I would say kissing is not illegal in this situation, but could be risky if it were to lead to something more. Sec. 11‑9.1. Sexual exploitation of a child. (a) Any person commits sexual exploitation of a child if in the presence of a child and with intent or knowledge that a child would view his or her acts, that person: (1) engages in a sexual act; or (2) exposes his or her sex organs, anus or breast for the purpose of sexual arousal or gratification of such person or the child. (a‑5) A person commits sexual exploitation of a child who knowingly entices, coerces, or persuades a child to remove the child's clothing for the purpose of sexual arousal or gratification of the person or the child, or both. (b) Definitions. As used in this Section: "Sexual act" means masturbation, sexual conduct or sexual penetration as defined in Section 12‑12 of this Code. "Sex offense" means any violation of Article 11 of this Code or a violation of Section 12‑13, 12‑14, 12‑14.1, 12‑15, 12‑16, or 12‑16.2 of this Code. "Child" means a person under 17 years of age. (c) Sentence. (1) Sexual exploitation of a child is a Class A misdemeanor. A second or subsequent violation of this Section or a substantially similar law of another state is a Class 4 felony. (2) Sexual exploitation of a child is a Class 4 felony if the person has been previously convicted of a sex offense.

I am 17 dating a 15 year old is this illegal?

:: April 14, 2007 22:11

I am 17 dating a 15 year old. If we do have sexual contact is this illegal?

Yes this would be illegal. 17 is the legal age to consent to have sexual contact in Illinois. In this situation, the 17 year old is at risk of charges and arrest. Also, at age 17, sexual offense cases can be moved to adult court. This is up to the judge. (720 ILCS 5/11‑9.1) (from Ch. 38, par. 11‑9.1) Sec. 11‑9.1. Sexual exploitation of a child. (a) Any person commits sexual exploitation of a child if in the presence of a child and with intent or knowledge that a child would view his or her acts, that person: (1) engages in a sexual act; or (2) exposes his or her sex organs, anus or breast for the purpose of sexual arousal or gratification of such person or the child. (a‑5) A person commits sexual exploitation of a child who knowingly entices, coerces, or persuades a child to remove the child's clothing for the purpose of sexual arousal or gratification of the person or the child, or both. (b) Definitions. As used in this Section: "Sexual act" means masturbation, sexual conduct or sexual penetration as defined in Section 12‑12 of this Code. "Sex offense" means any violation of Article 11 of this Code or a violation of Section 12‑13, 12‑14, 12‑14.1, 12‑15, 12‑16, or 12‑16.2 of this Code. "Child" means a person under 17 years of age. (c) Sentence. (1) Sexual exploitation of a child is a Class A misdemeanor. A second or subsequent violation of this Section or a substantially similar law of another state is a Class 4 felony. (2) Sexual exploitation of a child is a Class 4 felony if the person has been previously convicted of a sex offense. Source: P.A. 94‑140, eff. 7‑7‑05

15 w/ a 22 year old

:: September 01, 2004 02:47

I'm a 15 year old girl going onto 16. I have a boyfriend that is 22 years old. We never have had sex and he knows I won't till marriage and he respects that and we never do anything sexual. I really like him but I'm scared of what could happen if we're caught. Can you tell me what the laws are that could possibly get us in trouble and what the penalties are please.

If there isn't any physical sexual activity going on, there are no laws prohibiting two people to date. However, any sexual activity, including fondling breasts, touching of sexual organs, etc., between a person 13-17 and a person more than 5 years older, is considered "Aggravated Criminal Sexual Abuse," a Class 2 felony. This is punishable by 3-7 years in prison and up to a $25,000 fine. One thing to note as well, a person 13-17 engaging in sexual actvity with a person less than 5 years older is "Criminal Sexual Abuse," a Class A misdemeanor.

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