What is Illinois age of consent?
In the State of Illinois, the legal age of consent for sexual contact is set at eighteen years of age. These provisions are codified under 720 ILCS 5/11-1.50, with subsection ‘a’ stipulating that "it is unlawful for a person at least 18 years of age to commit sexual penetration or sexual conduct by force or threat of force; or without consent." Regarding sexual conduct, ILCS 5/11-0 defines it as "any touching or fondling by the accused, either directly or through clothing, of the sex organ, anus, breast, or any part of the body of another or the accused , when such touching or fondling can or does result in the satisfaction of sexual desire or gratification of the victim, of the accused, or of both the victim and the accused."
Put simply, all persons who are at least 18 years of age but less than 60 years old who are automatically charged with criminal sexual abuse if they have sexual conduct with a person under the age of 18. The charges automatically change to criminal sexual assault, a more serious offense, if their actions involve force or intimidation, or if their underage victim is a family member. All charges can entail severe criminal and civil penalties.
Historical perspective on consent laws
For many years, the legal age of consent in Illinois has been 18 years of age. However, subpart (b) in 720 ILCS 5/12-15 lists exceptions which allow persons 13 to 16 years of age to legally consent to have sexual intercourse with a person who is younger than 5 years older than the victim.
This exception only applies if the two individuals fall within the following parameters:
● either one is a minor and the other is less than 5 years of age older than the minor; or
● the older party is a person with a mental disability as defined 720 ILCS 5/10-2.1 (Mental disability; enhanced penalties)
If either of these parameters exists, the relationship may be prosecuted under Illinois laws, but is allowed as an Exception to Consent defenses during legal proceedings.
Prior to 2011, only the latter of the two parameters was allowed a consent defense in any situations pertaining to minors with a mental disability. However, in 2011, a new law was enacted, Pub. Act No. 96-155, which has legally defined the term mental disability as "significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period…. The term does not include an individual whose only impairment is learning or a speech impairment."
As of today, there are only five states which set their legal age of consent at 18 years of age. They are: California, Oregon, New Jersey, Delaware, and Alaska.
Legal exceptions and special circumstances
In some instances, there are legal exemptions to the Illinois age of consent law that may warrant a careful case-by-case examination. Specifically, certain close-in-age exemptions exist for partners who are between the ages of 13 and 18.
One potential legal exception is if the accused perpetrator is 18 years of age or older, has been living with the victim in his or her household for at least five consecutive years (without interruption), and is not an immediate family member such as a parent, brother, sister, cousin, uncle, aunt, or any similar relation.
Another exception is if the accused perpetrator is at least 13 years of age but under 18 years of age, and has been living with the victim in his or her household for at least five consecutive years (without interruption).
However, if the potential exception falls into either of these categories, that does not mean that a crime has not been committed. It just means that it will not necessarily be prosecuted. In practice, this means that a case still needs to be reviewed by a skilled criminal defense lawyer in order to determine what is most appropriate.
Here is a hypothetical example: A 19-year-old female babysitter begins a sexual relationship with a 14-year-old boy whose parents she babysits for. They’ve had this relationship for several months when, while at school, the boy excitedly texts a few of his friends about it. One of those friends lets his parents know, and they contact the authorities.
When police investigate, the babysitter claims she didn’t know how old the boy was, which is not likely, since the crime is a strict liability offense in Illinois. This means the accused is presumed guilty without the need for the state to show intent, meaning it does not matter if the victim lied about their age or if the perpetrator honestly thought he or she was 18, those factors are not a defense to the crime.
Penalties for violating Illinois consent laws
Violating the legal age of consent in Illinois can have severe consequences. If you engage in sexual activity with a person under the age of consent, they can press charges against you, and you could be charged with a misdemeanor or felony sex crime, depending on the circumstances. The statutory penalties for violating the legal age of consent in Illinois generally break down as follows: Misdemeanor: If both parties to the sexual activity are between 13 and 17, if you have been convicted of a similar offense in the past, if sexual activity has persisted for a period of time, or if the minor is an emancipated minor , you may be charged with a Class A misdemeanor and should face the possibility of up to one year in prison and up to $2,500 in fines. Felony: If you are a registered sex offender and you violate the sexual activity laws with a minor who is not your spouse, you face up to seven years in prison and fines amounting to up to $25,000. The penalties listed above are just the statutory penalties you may face if convicted of violating the legal age of consent in Illinois. There may also be other penalties such as sex offender registration requirements, community service, counseling requirements, and more.
Consent and related laws in Illinois
While consent forms the backbone of understanding legal age of consent issues in Illinois, several ancillary laws are in place that affect how the legal system approach these types of issues. For instance, sex education legislation in Illinois schools requires that sex education classes address the issue of consent by instructing students on healthy dating relationships and sexual consent. Mandatory reporting laws also require that if any sexual conduct is reported to a school authority, and is suspected to have occurred on school property or at a school event, the conduct must be reported to law enforcement authorities.
These laws exist to help police and prosecutors investigate these offenses and keep up to date with any changes that may have occurred. While changes in these laws typically do not affect age of consent issues in Illinois, they can help to keep in mind as to what parents and students should know about sex education and reporting.
Additional resources on consent laws in Illinois
For those looking to learn more about consent laws in Illinois, the state government maintains a website dedicated to legal age of consent information. There are, of course, other resources that can offer help to those wanting or needing more information. The National Center for Victims of Crime maintains a database of organizations that assist victims of crime. Many chapters of the YMCAs and Jewish Community Centers of North America have rape crisis centers. The Child Sex Abuse Trust maintains a list of organizations dedicated to helping victims of sex crimes and their families on its website . The National Sexual Violence Resource Center keeps a national directory of sexual assault hotlines on their website. The Illinois Coalition Against Sexual Assault maintains a directory of sexual assault service providers in the state. They have a toll-free number that is available 24 hours a day, 7 days a week: 1-888-418-2281. The Rape, Abuse & Incest National Network also compiles a list of help centers, hotlines, and women’s shelters on their website at www.rainn.org. They provide a 24/7 hotline (1-800-656-HOPE), chatline, and email services.