Aggravated Criminal Sexual Abuse

The accused commits aggravated criminal sexual abuse if he or she commits Criminal Sexual Abuse and any of the following aggravating circumstances existed during the commission of the offense:

• 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
• The accused caused bodily harm to the victim; or
• The victim was 60 years of age or over when the offense was committed; or
• The victim was a physically handicapped person; or
• The accused acted in such a manner as to threaten or endanger the life of the victim or any other person; or
• The criminal sexual abuse was perpetrated during the course of the commission or attempted commission of any other felony by the accused; or
• As part of the same course of 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
• 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; or
• If the accused was 17 years of age or over and commits an act of sexual conduct with a victim who was under 13 years of age when the act was committed; or
• If the accused was 17 years of age or over 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
• The accused was under 17 years of age and commits an act of sexual conduct with a victim who was under 9 years of age when the act was committed; or
• The accused 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; or
• 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; or
• The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual conduct with a victim who is a severely or profoundly intellectually disabled person; or
• 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.

Aggravated Criminal Sexual Abuse is a Class 2 Felony punishable by 3 to 7 years in the penitentiary and a fine up to $25,000.