Illinois laws treat sex crimes involving adults very seriously. These offenses range from Class A Misdemeanors to Class X Felonies, carrying hefty fines and lengthy jail sentences. Some convictions require you to register as a sex offender for the rest of your life, limiting your employment and housing options and putting you under public scrutiny.
If you are charged with a sex crime involving adults, you need a seasoned criminal defense lawyer who understands that your future is at stake. At Dolci & Weiland, we provide aggressive legal representation for clients in Chicago and DuPage County. As former prosecutors with over 50 years experience trying criminal cases, we have the experience that is critical in preparing a strong defense for you.
Major Sex Offenses
Major sex offenses are crimes commonly referred to as "rape," although Illinois law does not use that term. The specific crime you are charged with depends on the allegation against you. These are felony crimes, and punishment depends on the details of the offense.
Criminal Sexual Assault
In adult cases, Criminal Sexual Assault consists of sexual penetration combined with the use of force or the threat of force; or sexual penetration with a victim who is unable to understand the act or give consent.
Aggravated Criminal Sexual Assault
Aggravated Criminal Sexual Assault occurs when the alleged offender commits Criminal Sexual Assault with any of the following aggravating factors:
- Using a dangerous weapon
- Causing bodily harm
- Threatening or endangering the life of the victim or another person
- Committing any other felony
- The victim is age 60 or older
- The victim has a physical disability
- The alleged offender gives the victim a controlled substance without the victim's consent
- The alleged offender discharges a firearm during the offense
- The alleged offender discharges a firearm during the offense and caused great bodily harm, permanent injury, or death to a person.
Criminal Sexual Abuse
Criminal Sexual Abuse occurs when the alleged offender uses threats or force to commit an act of sexual conduct or sexual conduct with a person unable to give consent or understand the act. This is a Class 4 Felony, punishable by one to three years in prison and fines up to $25,000. For a second or subsequent offense, the crime becomes a Class 2 Felony, punishable by three to seven years in prison.
Aggravated Criminal Sexual Abuse
Aggravated Criminal Sexual Abuse occurs when one of the following aggravating circumstances exists during an act of sexual conduct:
- Use of a dangerous weapon
- Causing bodily harm
- The victim is age 60 or older
- The victim has a physical disability
- The alleged offender gives the victim a controlled substance without the victim's consent.
Vulnerable Victim Offenses
In Illinois law, vulnerable victim offenses occur when the alleged offender is in a position of trust or authority over the victim. These offenses are Class 3 Felonies.
Custodial Sexual Misconduct
Custodial Sexual Misconduct occurs when the alleged offender is an employee of the penal system, a treatment center, or a detention facility, and has sexual conduct or sexual penetration with a person who is in the custody of that system.
Sexual Misconduct with a Person with a Disability
Sexual Misconduct with a Person with a Disability is when the alleged offender is an employee of the Illinois Department of Human Services or a community agency and has sexual conduct or sexual penetration with a person with a developmental disability who is under the care of the agency.
Sexual Relations Within Families
Commonly referred to as incest, Sexual Relations Within Families is when sexual penetration occurs and the other person is over age 18 and knows they have one of the following relationships:
- Brother or sister,
- Half-brother or half-sister
- Father or mother
- Stepfather or stepmother
- Uncle or aunt
- Great-uncle or great-aunt
- Grandparent
Pornography Offenses
Pornography offenses involve graphic content, either digital or in print. These may be Class A Misdemeanors or Felonies.
Obscenity
A person commits the offense of Obscenity when they knowingly sell, distribute, or perform obscene material.
Non-Consensual Dissemination of Private Sexual Images
In the modern technology age, Non-Consensual Dissemination of Private Sexual Images is commonly referred to as "revenge porn." This offense occurs when a person knowingly distributes sexual images of another person. The person in the images must be identifiable and not consented to the image's distribution.
Other Offenses
Other offenses are crimes that are sexual in nature but do not fall into any of the other categories. These offenses are Class A Misdemeanors.
Public Indecency
Public Indecency occurs when a person commits a lewd exposure of their body in a public place with the intent to arouse or satisfy a sexual desire, or if a person commits an act of sexual penetration or sexual conduct in a public place.
Adultery
Adultery is still a crime in Illinois. This offense occurs when the alleged offender has sexual intercourse with a person who is not their spouse and the relationship is "open and notorious."
Contact a Chicago and DuPage County Sex Crimes Defense Attorney
Illinois law treats sex crimes very seriously. If you are charged with a sex crime, you are facing a long prison sentence, financially-devastating fines, and possible lifelong registration as a sex offender. These potential consequences should not be taken lightly, and you need a defense attorney who can customize a strategic defense to the unique circumstances of your case.
With over 50 years combined experience, when you hire a lawyer from Dolci & Weiland, you can trust that your rights are protected through every step of the legal process and that your lawyer is working to reach the best possible outcome in your case. If you have been charged with a sex crime, call our office today at (630) 261-9098 in DuPage County or (312) 238-9007 in Chicago. Or, contact us online today to get started on your case.