What Is Statutory Rape?

While it is always illegal for partners under the age of consent to have sex, if they are close to the same age, the crime is mitigated.

For example, if the parties are between the age of 13 and 17, and within 5 years of each other, the punishment for them having sex would be, at most, 1 year in prison. However, if one of the parties in Illinois is more than 5 years older than the minor, the penalty is 3 to 7 years in prison.

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People v. Hollins

A person commits predatory criminal sexual assault of a child if that person is 17 years of age or older, and commits an act of contact, however slight, between the sex organ or anus of one person and the part of the body of another for the purpose of sexual gratification or arousal of the victim or the accused, or an act of sexual penetration, and: A is armed with a firearm; B personally discharges a firearm during the commission of the offense; C causes great bodily harm to the victim that: Unless the presumption is rebutted by a preponderance of the evidence, the following types of conduct shall be presumed to cause emotional distress: This paragraph does not create any new affirmative duty to provide support to dependent persons.

For purposes of this Article, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship.


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A course of conduct may include contact via electronic communications. The incarceration in a penal institution of a person who commits the course of conduct is not a bar to prosecution under this Section.

Illinois age dating laws | Agencija za ekonomski razvoj grada Prijedora PREDA

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. A Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

Illinois’s Statutory Rape Laws and Potential Penalties

B Dating violence does not include acts covered under the definition of domestic violence. C By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;.