A sex crime is commonly defined as any criminal act involving any form of sexual misconduct, sexual assault, unlawful sexual behavior, or illegal pornography. Being accused of a sex crime in Illinois can often be devastating for a defendant. This is because first, the person is tried in public court, and then, regardless of any sentence imposed, the defendant is required to register as a sex offender.
This means that in Illinois, if a defendant is found guilty of any sex crime ranging from statutory rape, referred to in Illinois as criminal sexual assault, to initiating sexual communication with a minor via the internet or being in possession of child pornography. Additionally, state prosecutors in Illinois do not take sex crime cases lightly and will often seek the maximum criminal penalties possible in sex crime cases. This is especially true in cases involving a minor.
The Illinois state statutes that cover sexual assault and sexual abuse are found under Section 11 of the Illinois Criminal Code. Section 11 of the Illinois Criminal Code covers the following crimes that constitute sex crimes:
- Criminal sexual assault;
- Predatory criminal sexual assault of a minor;
- Sexual battery;
- Rape, otherwise referred to as criminal sexual assault;
- Date rape crimes;
- Prostitution or solicitation crimes;
- Enticing or soliciting a minor for sexual acts;
- Child molestation or engaging in sexual acts with a minor below the age of consent;
- The possession or distribution of child pornography;
- Indecent exposure; and
- Public indecency.
One of the most common sex crimes in Illinois is sexual assault. In legal terms, sexual assault occurs when an individual knowingly engages in nonconsensual touching or contact of a sexual nature with another individual. The sexual touching may be either through direct skin contact with an individual’s body or touching through an individual’s clothing.
In general, sexual assault involves the use of force, the threat of force, and/or violence. However, the crime of sexual assault does not always require the act of penetration. For instance, an individual may grab another individual’s genitals, even if the individual that is touched is fully clothed. In this case, that touching may result in a criminal charge of sexual assault in Illinois.
States have different criminal and civil laws which address sexual assault. In Illinois, a person commits criminal sexual assault if that person commits an act of sexual penetration and:
- Uses force or a threat of force;
- Knows the victim lacks the capacity to give consent;
- Is a family member of the victim and the victim is under 18 years old;
- Is at least 17 years old, holds a position of authority or trust over the victim, and the victim is between 13 and 18 years old.
Once again, if convicted of a sex crime in Illinois, then the convicted individual will be required to register with the Illinois State Police Sex Offender Registry.
How Does Sex Offender Registration Work in Illinois?
In Illinois, as of 2023, there are over 32,000 registered sex offenders. All of the sex offenders are required to provide local law enforcement with updated vehicle, employment, and school information, as well as fingerprints, a current photo, and DNA.
Importantly, not all sex crimes require registration to the sex offender database in Illinois. Minor sex crimes, such as indecent exposure, may not require registration. However, major sex crimes, such as child pornography and criminal sexual assault, will require mandatory registration.
Most sex offenders in Illinois are required to register annually for a ten-year period of time. In addition, sex offenders who are classified as Sexually Dangerous or Sexually Violent must register every 90 days for life. Convicted felons who are classified as sexual predators must register annually for life.
Illinois is unique in requiring that sex offenders must also pay $100 the very first time that they register and $100 each time the offender re-registers in the database. Illinois also has several strict prohibitions on what sex offenders can or cannot do once they are released from police custody. One such prohibition is that a sex offender is prohibited from accessing any social networking sites, such as Facebook, while they are on probation, parole, or mandatory supervised release.
How Can I Be Excluded From the Public Database?
Illinois law allows juvenile offenders to petition to be removed from the sex offender registry. Then, if the court finds that the juvenile offender poses no risk to the community, the offender’s duty to register in the registry is terminated, and their name will be taken off the registry. However, Illinois does not offer the same option to those who were convicted of a sex crime as an adult. As such, adults are unable to be removed from the registry.
What Is the Statute of Limitations on Sex Crimes in Illinois?
A statute of limitations is a legal term that is used to describe written laws, known as statutes, that specify the amount of time that a plaintiff is allowed to file a civil lawsuit. A statute of limitations may also refer to the amount of time in which a prosecutor has to initiate a criminal complaint against a person suspected of a crime. In other words, a statute of limitations is utilized in both civil and criminal law.
The purpose of a statute of limitations is to establish a set deadline for filing lawsuits or initiating criminal charges in order to both protect defendants from untimely litigation and to ensure that evidence is fresh and not lost as a result of the passage of time. Lost evidence and witnesses that a defendant could have otherwise utilized in forming a solid legal defense is one of the main reasons for enacting statutes of limitations.
It is important to note that each state has its own statute of limitations for various criminal offenses, including sexual abuse. As of 2019, Illinois signed legislation that lifted the statute of limitations on numerous sex crimes. Specifically, House Bill 2135 lifted the statute of limitations for criminal sexual assault, aggravated criminal sexual assault, and aggravated criminal sexual abuse.
The new law allows state prosecutors to initiate criminal charges against an individual “at any time.” Previously, prosecution for sex crimes in Illinois was required to commence within 10 years of the commission of the original offense.
Can a Sex Offender Get a Pardon in Illinois?
A pardon is a state act erasing a criminal act that comes directly from the governor. Being pardoned means that the governor of the state of Illinois forgives a person for committing a specified crime. Importantly, however, a pardon does not erase a guilty conviction, but it does make it easier to get a job or find housing as it says the act was ok. For a sex offender to receive a pardon in Illinois is extremely rare.
Can I Get My Criminal Records Erased?
Depending on whether or not the sexual offender meets the state’s necessary criteria, the offender may be able to seal their criminal record. This act of sealing one’s records is also known as expungement.
Illinois is rather liberal in its expungement criteria, as Illinois law permits sex offenders to expunge records of minor sex crimes two years after their probation has successfully ended. Further, the law allows for more serious crimes to be expunged five years after probation. Once an individual’s criminal record is expunged, that expungement prevents everyone other than law enforcement from seeing the offender’s past criminal history.
Do I Need an Attorney?
If you have been arrested or charged with a sex crime in Illinois, you should immediately contact experienced sex offender lawyers in Illinois. An experienced Illinois criminal lawyer can help you understand your state’s specific laws on sex crimes and how those laws will affect your legal rights and options.
An experienced attorney will also be able to determine whether there are any legal defenses available to you based on the specifics of your case. Finally, an attorney will also be able to represent you in court, as needed, throughout the process.
