Criminal Offense in Illinois

Methods of Prosecution

1. Complaint 2. Information 3. Indictment

Sexual Misconduct with a Person with a Disability (5/11-9.5)

A person commits sexual misconduct with a person with a disability when: i. He or she is an employee and knowingly engages in sexual conduct or sexual penetration with a person with a disability who is under the care and custody of the Department of Human Services at a State-operated facility; or ii. He or she is an employee of a community agency funded by the Department of Human Services and knowingly engages in sexual conduct or sexual penetration with a person with a disability who is in a residential program operated or supervised by a community agency. iii. For purposes of this Section, the consent of a person with a disability in custody of the Department of Human Services residing at a State-operated facility or receiving services from a community agency shall not be a defense to a prosecution under this Section. A person is deemed incapable of consent, for purposes of this Section, when he or she is a person with a disability and is receiving services at a State-operated facility or is a person with a disability who is in a residential program operated or supervised by a community agency. * Sentence: - Class 3 Felony

Sexual Relations within Families (5/11-11)

A person commits sexual relations within families if he or she: - Commits an act of sexual penetration as defined in Section 11-0.1 of this Code; and - The person knows that he or she is related to the other person as follows: 1. Brother or sister, either of the whole blood or the half-blood; or 2. Father or mother, when the child, regardless of legitimacy and regardless of whether the child was of the whole blood or half-blood or was adopted, was 18 years of age or over when the act was committed; or 3. Stepfather or stepmother, when the stepchild was 18 years of age or over when the act was committed; or 4. Aunt or uncle, when the niece or nephew was 18 years of age or over when the act was committed; or 5. Great-aunt or great-uncle, when the grand-niece or grand-nephew was 18 years of age or over when the act was committed; or 6. Grandparent or step-grandparent, when the grandchild or step-grandchild was 18 years of age or over when the act was committed. * Sentence: - Class 3 Felony

Child Abduction (5/10-5)

A person commits the offense of ________________when: - Intentionally violates any terms of a valid court order granting sole or joint custody care or possession to anther by concealing or detaining child or removing the child from court jurisdiction. - Being a parent of the child, and if the parent of that child is or have been married and there has been no court order of custody, knowingly conceals the child for 15 days and fails to make reasonable attempt within the 15-day period to notify the other parent about whereabout of child - Intentionally lures or attempts to lure a child while traveling to or from school into motor vehicle, building, house, trailer, or dwelling without the consent of the child's parent for other than a lawful purpose.

Second Degree Murder (5/9-2)

A person commits the offense of second-degree murder when he commits the offense of first-degree murder and either of the following factors are present: - At the time of the killing he is acting under a sudden and intense passion serious provocation by the individual killed * (EX: catching wife with lover, killing them both) - At the time of the killing he believed the circumstances to be such that, if they existed, would justify or exonerate the killing under this article * Mistake of fact, sort of

When does accountability come into effect (5/5-1; 5/5-2)?

A person is responsible for conduct which is an element of an offense if the conduct is either that of the person himself, or that of another and he is legally accountable for such conduct. * If a death occurs in a forcible felony, all involved get a murder charge

Involuntary Sexual Servitude of Minor

A person knowingly recruits, entices, harbors, transports, provides, obtains by any means or attempts to recruit, entice, harbor, provide, or obtain a person under 18, knowing that the minor will engage in commercial sexual activity.

Involuntary Manslaughter and Reckless Homicide (5/9-3)

A person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which caused the death or such as are likely to cause the death or great bodily harm to some individual, and he performs them recklessly, except in cases which the cause of death consist of the driving of a motor vehicle, in which case the person commits reckless homicide. - In cases involving reckless homicide, being under the influence of alcohol or any other drug at the time of the violation shall be presumed to be evidence of a reckless act. * Sentence: Involuntary Manslaughter and Reckless Homicide are a Class 3 Felony

Felony (5/2-7)

An offense for which a sentence for death or imprisonment in a penitentiary for a term of one year or more.

What is Luring?

Any attempt or knowing act to solicit, entice, tempt, or attempt to attract a minor.

Harboring a Runaway (5/10-6)

Any person other than an agency or association providing crisis intervention service or an operator of a youth emergency shelter, who without the knowledge and consent of the minor's parent or guardian, knowingly gives shelter to a minor, other than a mature minor who has been emancipated for more than 48 hours without telling parent and law enforcement. * Sentence: Class A Misdemeanor

Prostitution (5/11-14)

Any person who knowingly performs, offers or agrees to perform any act of sexual penetration as defined in Section 11-0.1 of this Code for anything of value, or any touching or fondling of the sex organs of one person by another person, for anything of value, for the purpose of sexual arousal or gratification commits an act of prostitution. * Sentence: - Class A Misdemeanor - 2nd time being convicted or 1,000 feet from school is a Class 4 Felony

Burden of Proof Required for a Criminal Conviction

Beyond a reasonable doubt

First Degree Murder - Aggravating Factors

A defendant at the time of the commission of the offense has attained the age of 18 or more and who has been found guilty of first-degree murder may be sentenced to death if: 1. The murdered individual was a peace officer or fireman killed in the course of performing his official duties 2. The murdered individual was an employee of an institution or facility of the Department of corrections or any similar local correction agency 3. The defendant has been convicted of murdering two or more individuals under subsection a of this section 4. The murdered individual was killed as a result of the hijacking of an airplane, train, ship, bus, or other public conveyance 5. The defendant committed the murder pursuant to a contract agreement or understanding by which he received money or anything of value 6. The murdered individual was killed in the course of another felony. 7. The murdered individual was under 12 years of age and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty 8. The defendant committed the murder with intent to prevent the murdered individual from testifying in any criminal proceeding 9. The defendant while committing an offense punishable, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of the murdered individual 10. The defendant was incarcerated in an institution or facility of the Department of Corrections at the time of the murder 11. The murder was committed in cold, calculated and premeditated manner pursuant to a preconceived plan, scheme, or design to take a human life by unlawful means 12. The murdered individual was an emergency medical technician, paramedic, or ambulance driver employed by a municipality or other governmental unit killed in the course of performing his official duties 13. The defendant was a principal administrator, organizer, or a leader of a calculated criminal drug conspiracy 14. The murder was intentional and involved the infliction of torture 15. The murder was committed as a result of the intentional discharge of a firearm by the defendant from a motor vehicle and the victim was not present within the motor vehicle 16. The murdered individual was 60 years of age or older and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty the murdered individual was a disabled person and the defendant knew or should have known the murdered individual was disabled.

Criminal Sexual Assault (5/11-1.20)

A person commits criminal sexual assault if that person commits an act of sexual penetration and: - Uses force or threat of force - Knows the victim was unable to understand the nature of the act or was unable to give knowing consent - Is a family member of the victim, and the victim is under 18 years of age. - Is 17 years old or over, holds a position of trust or supervision in relation to the victim and the victim is at least 13 years old but under 18 (police, teacher, religious) * Sentence: Class 1 felony

Knowledge (5/4-5)

A person knows, or acts knowingly or with knowledge - The nature or circumstances of his conduct described as an offense, when he is consciously aware that his conduct is of such nature or that such circumstances exist. Knowledge of a material fact includes awareness of the substantial probability that such fact exists. - The result of his conduct when his is consciously aware that such results is practically certain to be caused by his conduct.

Absolute Liability (5/4-9)

A person may be guilty of an offense without having one of the mental states previously described. If the offense is a misdemeanor which is not punishable by incarceration or a fine exceeding $500.00 or the offense clearly indicates a legislative purpose to impose absolute liability for the conduct described.

Solicitation to Meet a Child (5/11-6.6)

A person of the age of 18 or more years commits the offense of solicitation to meet a child if the person while using a computer, cellular telephone, or any other device, with the intent to meet a child or one whom he or she believes to be a child, solicits, entices, induces, or arranges with the child to meet at a location without the knowledge of the child's parent or guardian and the meeting with the child is arranged for a purpose other than a lawful purpose under Illinois law. * Sentence: - Solicitation to meet a child is a Class A misdemeanor. Solicitation to meet a child is a Class 4 felony when the solicitor believes he or she is 5 or more years older than the child. * For purposes of this Section, "child" means any person under 17 years of age; and "computer" has the meaning ascribed to it in Section 17-0.5 of this Code.(Source: P.A. 101-87, eff. 1-1-20.)

Failure to Report Sexual Abuse of a Child (5/11-9.1B)

A person over the age of 18 commits failure to report sexual abuse of a child when he or she personally observes sexual abuse, as defined by this Section, between a person who he or she knows is over the age of 18 and a person he or she knows is a child, and knowingly fails to report the sexual abuse to law enforcement. * Sentence: - Class A Misdemeanor - Class 4 Felony (2nd Offense)

Permitting Sexual Abuse of a Child (5/11-9.1A)

A person responsible for a child's welfare commits permitting sexual abuse of a child if the person has actual knowledge of and permits an act of sexual abuse upon the child, or permits the child to engage in prostitution. * Sentence: - Class 1 Felony

Intoxicated or Drugged Condition (5/6-3)

A person who is in an intoxicated or drugged condition is criminally responsible for conduct unless such condition either: - Is so extreme as to suspend the power of voluntary and render him incapable of forming a specific intent which is an element of the offense - Is involuntarily produced and deprives him of substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law

First Degree Murder (5/9-1)

A person who kills an individual without lawful justification commits first-degree murder if, in performing the acts which caused the death: 1. He either intends to kill or cause great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another 2. He knows that such acts create a strong probability of death or great bodily harm to that individual or another 3. He is attempting or committing a forcible felony other than second-degree murder

Drug Induced Homicide (5/9-3.3)

A person who unintentionally delivers a controlled substance to another, and any person dies as a result of the injection, inhalation, or ingestion of any amount of that controlled substance, commits the offense of drug-induced homicide. * Sentence: Drug-Induced Homicide is a Class X Felony for which the defendant shall in addition to a sentence authorized by law, be sentenced to a term of imprisonment of not less than 15 years and not more than 30 years or an extended term of not less than 30 years and not more than 60 years.

Solicitation of a Sexual Act (5/11-14.1)

Any person who offers a person not his or her spouse any money, property, token, object, or article or anything of value for that person or any other person not his or her spouse to perform any act of sexual penetration as defined in Section 11-0.1 of this Code, or any touching or fondling of the sex organs of one person by another person for the purpose of sexual arousal or gratification, commits solicitation of a sexual act. (prostitution sting) * Sentence: - Solicitation of a sexual act is a Class A misdemeanor. - Solicitation of a sexual act from a person who is under the age of 18 or who is a person with a severe or profound intellectual disability is a Class 4 felony.

Mistakes of Fact

Criminal defendant misunderstood facts that negates an element of a crime. * Criminal takes property that he believed was his, eliminates element of depriving another of property. Has to be reasonable.

Actus reas

Guilty Act

Act (5/2-2)

Includes failure or omission to take action

What is the burden of proof for a civil trial?

Preponderance of the evidence

Predatory Criminal Sexual Assault of a Child (5/11-1.40)

(a) 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: (1) The victim is under 13 years of age; or (CLASS X FELONY 6-60 YEARS IN PRISON) (2) The victim is under 13 years of age and that person (CLASS X PLUS 15 YEARS IN PRISON) (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: (i) Results in permanent disability; or (ii) Is life threatening; or (D) Delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception, for other than medical purposes.

Concealment of Homicidal Death (5/9-3.4)

- A person commits the offense of concealment of a homicidal death when he conceals the death of any person with knowledge that such person has died by homicidal means. - Nothing in this section shall prevent the defendant from also being charged with and tried for the first-degree murder, second-degree murder, or involuntary manslaughter of the person whose death he concealed. * Sentence: Class 3 Felony

Affirmative Defense

1 If party was protecting child from physical harm. 2. The act was committed with mutual consent of both parties having custody. 3. The act was authorized by law.

Intent (5/4-4)

A person intends, or acts intentionally, or with intent, to accomplish a result or engage in conduct described as an offense when their conscious objective or purpose is to accomplish that result or engage in that conduct.

Negligence (5/4-7)

A person is negligent or acts negligently when he fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow and such failure constitutes a substantial deviation from the standard of care which a reasonable person would exercise in this situation.

Recklessness (5/4-6)

A person is reckless or acts recklessly, when he consciously disregards a substantial and unjustifiable risk that the circumstances exist or that a result will follow and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation. An act performed recklessly is performed wantonly, within the meaning of the statute using the latter term, unless the statute clearly requires another meaning.

Mens rea

Guilty Mind

Actual Possession

Immediate and exclusive control over a thing.

Sexual Pentration

Means any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.

Unborn Child

Person who unintentionally kills unborn child without unlawful justification. if his acts whether lawful or unlawful which caused the death or such as are likely to cause the death or great bodily harm to some individual, and he performs them recklessly, except in cases which the cause of death consist of the driving of a motor vehicle, in which case the person commits reckless homicide. * EX: Kicks in stomach, hard push, chocking mother out

Luring a Minor (5/10-5.1)

The offender is 21 years or older and knowingly contacts or communicates electronically to the minor - Knowing the minor is under 18 - With the intent to persuade, lure, or transport the minor away from their home - For an unlawful purpose

No person accused of these sections shall be presumed to be incapable because of age, physical condition, or relationship to the victim.

True

Aggravated Criminal Sexual Assault (5/11-1.60)

(a) A person commits aggravated criminal sexual abuse if that person commits criminal sexual abuse and any of the following aggravating circumstances exist (i) during the commission of the offense or (ii) for purposes of paragraph (7), as part of the same course of conduct as the commission of the offense: (1) the person displays, threatens to use, or uses a dangerous weapon or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon; (2) the person causes bodily harm to the victim; (3) the victim is 60 years of age or older;(4) the victim is a person with a physical disability; (5) the person acts in a manner that threatens or endangers the life of the victim or any other person; (6) the person commits the criminal sexual abuse during the course of committing or attempting to commit any other felony; or (7) the person delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim for other than medical purposes without the victim's consent or by threat or deception. (b) A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is under 18 years of age and the person is a family member. (c) A person commits aggravated criminal sexual abuse if: (1) that person is 17 years of age or over and: (i) Commits an act of sexual conduct with a victim who is under 13 years of age; or (ii) commits an act of sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person uses force or threat of force to commit the act; or (2) that person is under 17 years of age and: (i) Commits an act of sexual conduct with a victim who is under 9 years of age; or (ii) commits an act of sexual conduct with a victim who is at least 9 years of age but under 17 years of age and the person uses force or threat of force to commit the act. (d) A person commits aggravated criminal sexual abuse if that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is at least 5 years older than the victim. (e) A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is a person with a severe or profound intellectual disability. (f) A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is but under 18 years of age and the person is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim.

What crimes do NOT have a statute of limitation?

- 1st/2nd Degree Murder - Involuntary Manslaughter - Reckless Homicide - Concealment of Homicidal Death - Treason - Arson/Aggravated Arson - Forgery *May be commenced at ANY time

Insanity (5/6-2)

- A person is not criminally responsible for conduct if at the time of such conduct, as a result of a mental disease or mental defect, he lacks substantial capacity to appreciate the criminality of his conduct - The terms of mental disease or mental defect do not include an abnormality manifested only by repeated criminal or otherwise anti-social conduct. - A person who at the time of the commission of a criminal offense was not sane but was suffering from a mental illness is not relieved of criminal responsibility for his conduct and may be found guilty but mentally ill. - For the purposes of this section mental illness or mentally ill means a substantial disorder of though, mood, or behavior which afflicted a person at the time of the commission of the offense and which impairs that person's judgment, but not to the extent that he is unable to appreciate the wrongfulness of his behavior. - When the defense of insanity has been presented the burden of proof is on the defendant to prove clear and convincing evidence that the defendant is not guilty by reason of insanity. The burden of proof remains on the state to prove beyond a reasonable doubt each of the elements of the charge.

Entrapment (5/7-12)

- A person is not guilty of an offense if his or her conduct is incited or induced by a public officer or employee or agent of other for the purpose of obtaining evidence for the prosecution of that person. However, this section does not apply if the person was predisposed to commit the offense and the public officer or employee merely affords that person the opportunity to commit the offense. * Can't entice or force to commit a crime then arrest them for it. * Telling to break into a house for information, then arrest them for doing so

Necessity (5/7-13)

- Conduct which would otherwise be an offense is justifiable by reason of necessity if the accused was without blame in occasioning or developing the situation and reasonably believed such conduct was necessary to avoid a public or private injury greater than the injury which might reasonably result from his own conduct. * Defendant must have no realistic alternative to the crime * Harm caused by the criminal act cannot be greater than the harm avoided * The defendant did not himself contribute to or cause the threat * The defendant must reasonably have believed that there was an actual or specific threat that required immediate action.

A parent or guardian does not commit the offense of failure to report death or disappearance of a child under 13 when:

- Failure is due to an act of god, war, or inability of a LE agency to receive report - Parent or guardian know the child is under the care of another - The parent or guardian is hospitalized, in a coma, or physically injured or mentally impaired.

Forcible Detention (5/10-4)

- Hold a person hostage without legal authority for purpose of obtaining performance by third person, and - The person holding the hostage is armed OR - Hostage is known to hostage taker as a peace officer or correctional employee engaged in the performance of their duty * Sentence: Class 2 Felony

Some situations, if proven, will allow the defendants to avoid criminal liability. Such as:

- Ignorance or Mistake - Infancy - Insanity - Intoxicated or Drugged Conditions - Compulsion - Entrapment - Necessity -

Elements of Attempt

- Intent to commit a crime - Conduct that constitutes a substantial step towards completing the crime - A failure to complete a crime

Petty Offense (730 ILCS 5/5-1-17)

- Means any offense for which a sentence to a fine only is provided or imposed.

Voluntary Intoxication

- Never a defense for general intent crimes - Can sometimes be used in a burglary case - Its on the defendant to prove that she lacked necessary intent

Mitigating Factors in First Degree Murder

- No significant criminal history - Under the influence of extreme mental disturbance - Under the compulsion of threat of death or great bodily harm - Not personally present during the crime - A history of extreme emotional or physical abuse

Can private citizens in Illinois pursue prosecution?

- No. In IL, ONLY prosecutors are authorized to initiate criminal prosecutions. These include the various state's attorneys an IL general * Private citizen must work through these offices to see defendants prosecuted for criminal offenses.

Penal Institution (5/2-14)

- Penitentiary, state farm, reformatory, prison, jail, house of corrections, other institutions for the incarceration or custody of persons under sentence for offenses or awaiting trial or sentencing.

What are the 2 elements of solicitation?

- The intent to have somebody else commit the crime - An act committed in furtherance of convincing another person to commit the crime

Forcible Felony (5/2-8)

- Treason, first degree murder, second degree murder, predatory criminal sexual assault, burglary, aggravated kidnapping, aggravated battery, arson, aggravated arson, resulting in great bodily harm or permanent injury or disfigurement * Using Force or Violence * Tennessee v. Garner

Criminal Sexual Abuse (5/11-1.50)

(a) A person commits criminal sexual abuse if that person: (1) commits an act of sexual conduct by the use of force or threat of force; or (2) commits an act of sexual conduct and knows that the victim is unable to understand the nature of the act or is unable to give knowing consent. (b) A person commits criminal sexual abuse if that person is under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who is at least 9 years of age but under 17 years of age. (c) A person commits criminal sexual abuse if that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is less than 5 years older than the victim. * Sentences - Criminal sexual abuse for a violation of subsection (b) or (c) of this Section is a Class A misdemeanor. - Criminal sexual abuse for a violation of paragraph (1) or (2) of subsection (a) of this Section is a Class 4 felony. - A second or subsequent conviction for a violation of subsection (a) of this Section is a Class 2 felony. - For purposes of this Section it is a second or subsequent conviction if the accused has at any time been convicted under this Section or under any similar statute of this State or any other state for any offense involving sexual abuse or sexual assault that is substantially equivalent to or more serious than the sexual abuse prohibited under this Section.

Sexual Exploitation of a Child (5/11-9.1)

A person commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person: i. Engages in a sexual act; or ii. Exposes his or her sex organs, anus or breast for the purpose of sexual arousal or gratification of such person or the child or one whom he or she believes to be a child. b. A person commits sexual exploitation of a child who knowingly entices, coerces, or persuades a child to remove the child's clothing for the purpose of sexual arousal or gratification of the person or the child, or both. * Sentence: - Class A Misdemeanor or Class 4 Felony

Compulsion (5/7-11)

- A person is not guilty of an offense other than an offense punishable by death, by reason of conduct which he performs under the compulsion of threat or menace of the imminent infliction of death or great bodily harm, if he reasonably believes death or great bodily harm will be inflicted upon him if he does not perform such conduct. - A married woman is not entitled by reasons of presence of her husband to any presumption of compulsion or to any defense of compulsion except as stated in this section. * Being forced to do it due imminent threat of great bodily harm or death to husband, wife, child.

Involuntary Intoxication

- A person is tricked into consuming drugs or alcohol * EX: being drugged at a bar. - Allergy to medication - Can be a defense in criminal court * This prevented defended from understating the nature of their actions or differentiating between right and wrong

Ignorance or Mistake (5/4-8)

- A person's ignorance is to matter of either fact or law is a defense if it negatives the existence of mental state which the statute prescribes with respect to an element of the defense. - A person's reasonable belief that his conduct does not constitute an offense is a defense if 1. the regulation or order is not known to him and has not been published or otherwise made reasonably available to him 2. he acts in reliance upon a statute which later is determined to be invalid 3. he acts in reliance upon an order or opinion of an Illinois Appellate or Supreme Court or United States Appellate Court later overruled or reversed 4. he acts in reliance upon an official interpretation of the statute, regulation, or order defining the offense, made by a public officer or agency authorized to interpret such statute - Although a person's ignorance or mistake of fact or law, or reasonable belief, he may be convicted of an included offense of which he would be convicted if the fact or law were as he believed it to be. - A defense based upon this section is an affirmative defense (excuses the defended from civil or criminal liability, wholly or partially, even if all the allegations in the complaint are true)

Offense (5/2-12)

- A violation of any statute of this state.

Misdemeanor (5/2-11)

- Any offense in which a term of imprisonment other than a penitentiary for less than a year may be imposed.

Indecent Solicitation of a Child (5/11-6)

- Any person of the age of 17 upwards who solicits a child under the age of 13 to commit any illegal sex act commits indecent solicitation of a child. - It shall not be a defense that the accused reasonably believed the child to be over the age of 13. * Sentence: - Class 1 felony when the act, if done, would be a predatory criminal sexual assault of a child or aggravated criminal sexual assault - Class 2 felony when the act, if done, would be criminal sexual assault - Class 3 felony when the act, if done, would be aggravated criminal sexual abuse

Peace Officer (5/2-13)

- Any person who by virtue of his office or public employee is vested by law with the duty to maintain a public order or to make arrests for offenses.

Possession (5/4-2)

- As a voluntary act, means if offender knowingly received the thing possessed or was aware of his control for a sufficient time to have terminated possession.

Concealment of Death

- Conceal means the preforming of some act for the purpose of preventing or delaying the discovery of a death - A person commits the offense when he knowingly conceals the death of any other person who has died by other than homicidal means - Moves the body from its place of death with the intent of concealing place or manner

Incohate Offenses

- Incomplete crime or crime of preparation for another crime

Unlawful Visitation or Parenting Interference (5/10-5.5)

In violation of provisions of court order for child custody, detains or conceals child with intent to deprive another of visitation rights. * Law enforcement officer with probable cause shall issue a notice to appear for offense * Sentence: Petty offense. After two guilty convictions, it is a Class A Misdemeanor

Solicitation (5/8-1(a))

Involves seeking out another person to engage in a criminal act. A defendant may be charged with solicitation if they request or induce another person to commit an act that would amount to a felony.

Defenses (5/11-1.70)

It shall be a defense to any offense under section 12-13 through 12-16 of this code where threat of force is an element of the offense that the victim consented - Consent means freely given agreement to the act of sexual penetration or sexual conduct in question - A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that act

Aggravated Unlawful Restraint (5/10-3.1)

Knowingly without legal authority detains another while using a deadly weapon. * Sentence: Class 3 Felony

Constructive Possession

Lack actual possession of a thing but has both the power and intention to exercise control over a thing.

Voluntary Act

Material element of every offense that includes a omission to preform duty that the law imposes on the offender in which he is physically capable of preforming, not being forced.

Dwelling (5/2-6)

Means a building or portion thereof, a tent, vehicle, enclosed space, used or intended for use as human inhabitation, home, residence (not backyard).

Family Member

Means a parent, grandparent, child, aunt, uncle, great-aunt, or great-uncle, whether by whole blood, half-blood, or adoption, and includes a step-grandparent, step-parent, or step-child. "Family member" also means, if the victim is a child under 18 years of age, an accused who has resided in the household with the child continuously for at least 6 months.

Conduct (5/2-4)

Means act or series of acts and the accompanying mental state

Sexual Conduct

Means any knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus, or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.

Bodily Harm

Means physical harm, and includes, but is not limited to, sexually transmitted disease, pregnancy, and impotence.

Reasonable Belief (5/2-19)

Means the person concerned, acting in a reasonable manner, believes that the described facts exist.

Force or Threat of Force

Means the use of force or violence or the threat of force or violence, including, but not limited to, the following situations: (1) When the accused threatens to use force or violence on the victim or on any other person, and the victim under the circumstances reasonably believes that the accused has the ability to execute that threat; or (2) When the accused overcomes the victim by use of superior strength or size, physical restraint, or physical confinement.

Infancy (5/6-1)

No person shall be convicted of any offense unless he has attained his 13th birthday at the time the offense was committed. * Youngest age a juvenile can be charged as an adult

Any medical exam or procedure conducted by physician, nurse, for the purpose and in a manner consistent with reasonable medical standards is not an offense.

True

On March 9, 2011 Governor Quinn signed a bill repealing death penalty replacing it with life without parole. Effective 7-7-2011

True

Aggravated Kidnapping (5/10-2)

A kidnapper is guilty of ______________________ when: - Kidnaps for ransom - Victim is under 13 years of age or mentally retarded person - Inflicts bodily harm or commits another felony on victim - Wears a hood, robe, or mask, or conceals his identity - Commits kidnapping while armed or discharge the firearm * Sentence: Class X Felony

Failure to Report the Death or Disappearance of a Child under 13 years of age (5/10-10)

A parent, guardian - When he or she knowingly fails to report child missing or deceased within 24 hours. - Under the age of 2, no more than an hour - Under 13 years, parent or guardian must report corpse to the area where the child was found if he reasonably believes the death was caused by homicide, accident, or other suspicious circumstances. * Sentence: Class 4 Felony

Unlawful Restraint (5/10-3)

A person commits ______________ when he knowingly and without legal authority detains another. * Sentence: Class 4 Felony

Aggravated Criminal Sexual Assault (5/11-1.30)

A person commits criminal sexual assault and any of the following aggravating circumstances existed as part of the same course of conduct as the commission of the offense: - The person displayed, threatened to use, or used a dangerous weapon other than a firearm or an object that leads the victim to believe is a dangerous weapon, or - The person caused bodily harm to victim - The person acted in such a manner as to threaten or endanger the life of the life of victim or any other person - The criminal sexual assault was perpetrated during the course of the commission or attempted commission of any felony OR - The victim was 60 years of age or over - The victim was physically disabled - The person delivers any controlled substance without the victim's consent - The person is armed with a firearm - The person personally discharges a firearm during the commission of the crime - The person personally discharges a firearm and causes great bodily harm or death - The person is under 17 and commits sexual penetration and the victim is at least 9 years under 13 years - The victim is severely or profoundly intellectually disabled, mental disabled person

Indecent Solicitation of an Adult (5/11-6.5)

A person commits indecent solicitation of an adult if the person knowingly: i. Arranges for a person 17 years of age or over to commit an act of sexual penetration as defined in section 11-0.1 with a person: 1. Under the age of 13 years, or 2. Thirteen years of age or over but under the age of 17 years; or ii. Arranges for a person 17 years of age or over to commit an act of sexual conduct as defined in section 11-0.1 with a person: 1. Under the age of 13 years; or 2. Thirteen years of age or older but under the age of 17 years * Sentence: - A Class 1 felony when the act, if done, would be predatory criminal sexual assault of a child or aggravated criminal sexual assault; - A Class 2 felony when the act, if done, would be criminal sexual assault - A Class 3 felony when the act, if done, would be aggravated criminal sexual abuse. iv. Indecent solicitation of a child under subsection (a-5) is a Class 4 felony.

Involuntary Servitude

A person commits involuntary servitude when he or she knowingly subjects, attempts to subject, or engages in a conspiracy to subject anther person to labor or services obtained or maintained through any of the following: - Causes or threatens to cause physical harm to any person - Physically restrains or threatens to - Abuses or threatens to abuse the law or legal process - Knowingly destroys, conceals a passport or other documents of another - Uses intimidation or exerts financial control over a person - Uses a scheme, plan, or pattern intended to cause the person to believe that if they did not perform the labor or services, that person or another would suffer from serious harm or physical restraint

Mistakes of Law

When a criminal defendant misunderstood or was ignorant of the law at the time.

When does reasonable doubt exist?

When a factfinder cannot say with moral certainty that a person is guilty or particular facts exist.

Conspiracy (5/8-2)

When two or more people agree to commit an illegal act and take some steps towards its completion. Conspiracy is an inchoate crime because It does not require that the illegal; act actually has been completed.

Attempt (5/8-2)

Where an individual, with the intent, actually to commit a crime, undertakes an action in furtherance of that crime but ultimately fails.

Unless otherwise prescribed by statute, when does prosecution for a misdemeanor begin?

Within 18 months after the commission of a misdemeanor.

Unless otherwise prescribed by statute, when does prosecution for a felony must begin?

Within 3 Years

Kidnapping (5/10-1)

______________ occurs when a person knowingly: - And secretly confines another against his or her will - By force or threat of force carries another from one place to another against his will with intent to secretly confide - By deceit or enticement induces one to go from one place to another to secretly hid them. - Confinement of a child under age 13 is considered against his will. A severely or profoundly mental disabled person as well. * Sentence: Class 2 Felony