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Under Illinois law, the age of consent for any type of sexual activity is, typically, 17 years. This means anyone younger than 17 years of age cannot lawfully consent to any type of sex act involving sexual conduct.
Sexual conduct is the touching of any sex organ of another. To be blunt, a 17 year old boyfriend who touches, for his sexual gratificationthe breasts of his 16 year old girlfriend has committed a sex crime, which could put him on the Illinois sex offender registration list. Actually, any voluntary sexual activity between two 16 year olds could put both of them on the sex offender registration list.
An arrest and criminal prosecution is much more likely when there is any type of disparity in age.
In other words, the accused had a valid reason to believe that the other persons age was at, or beyond, the legal age of consent. A position of authority can include a coach, teacher, church leader, or any other position where a claim can be made that the accused was an authority figure of the other. Again, consent is a legal term, not a factual term. Illinois has multiple laws in place to protect minors from sexual exploitation.
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These laws range from those aimed at from protecting minors from being solicited for sex to being photographed or filmed indecently. Moreover, there are laws in Illinois that cover the obvious sex-related crimes against vulnerable minors. Some of these laws include:. Aggravated Criminal Sexual Assault — when a person under the age of 17 has sex with a minor under the age of 9, or uses force or threat of force to have sex with a minor at least 9 years old, but under the age of Predatory Criminal Sexual Assault of — when a person years-old or older has sex with a minor under the age of Aggravated Criminal Sexual Abuse — when a person years-old or older commits an act of sexual conduct with a minor under the age of 13; or uses force or threat of force to commit an act of sexual conduct with a minor at least 13 years old, but under the age of Aggravated Criminal Sexual Abuse — when a person under the age of 17 commits an act of sexual conduct with a minor under the age of 9; or uses force or threat of force to commit an act of sexual conduct with a minor at least 9 years old, but under the age of The reasons that these particular laws are necessary are clear.
They aim to protect the most vulnerable children in society from sexual abuse. The statutory rape laws, or the age of consent laws, in Illinois revolve around the presumption that anyone under the age of 17 cannot consent to sexual acts. Because of this, many teenagers find themselves in situations in which they are near in age to each other, but still technically violating Illinois law.
For example, an year-old high school senior having sexual relations with a year-old high school junior could be found guilty of criminal sexual abuse. The 16 year old is below the legal age of consent.
In Illinois, when a person commits a sexual act with someone under the age of 17, but over the age of 13, and the person is less than 5 years older than the minor, he or she is guilty of criminal sexual abuse — even if both participants believed the sex was consensual. In Illinois, the older partner could also be required to register as sex offender.
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Moreover, under Illinois law, when a person under 17 years of age commits a sexual act with another who is under the age of 17, but at least 9-years-old, they are also guilty of criminal sexual abuse. Because of this, situations may arise in which two minors who engaged in sexual relations could report the other for sexual abuse.
Much of the evidence in age of consent cases tends to be circumstantial.
We take the time to fully understand your side of the story and determine the best approach to building a defense specifically deed to address the unique details of your case. Contact our office today for a free initial consultation to discuss your case and learn more about what we can do to help you.
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For your convenience, weekend appointments are available. You were a steady and calming influence when we faced some extremely unsettling circumstances with our teenager who made a stupid decision and was arrested. Your knowledge of the laws and manner in court was very professional and assertive in representing us.
You were encouraging to keep our hopes alive for a future for our son who was never in serious trouble before, yet upfront about what he I used you twice for a DUI and for a domestic violence dispute. You were simply the best.
I could not ask for anything more from such a great person and attorney You were an excellent lawyer in my case. There was always good communication and what you promised, you delivered. I would recommend you to any and all of my friends. Good job, Steven, and if I ever need you again, I have your stored in my phone I made some huge mistakes and found myself in a world of trouble with felony charges. This is the absolute best outcome I could have gotten and I am forever endebted for securing it for me.
Yoiu are well known and respected in the legal community a Sex Offenses.
Illinois age of consent lawyer
Some of these laws include: Aggravated Criminal Sexual Assault — when a person under the age of 17 has sex with a minor under the age of 9, or uses force or threat of force to have sex with a minor at least 9 years old, but under the age of An experienced sex crimes attorney Much of the evidence in age of consent cases tends to be circumstantial. I have read the disclaimer. Client Testimonials.
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