Amended Text

PREDATORY CRIMINAL SEXUAL ASSAULT OF A CHILD
CHAPTER: 720 ACT: 5 SECTION: 12-14.1(a)(1)

COMPLAINT

In the name and by the authority of the People of the State of Illinois, , hereinafter called the complainant, on oath charges that at or about the hour of .M on or about the day of 20 in said County and State, , hereinafter called the defendant, committed the offense of:

PREDATORY CRIMINAL SEXUAL ASSAULT OF A CHILD

*for a definition of "sexual penetration" click here
**or any act of sexual penetration

NOTE: A violation of this subsection is a Class X felony, for which the person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years. A second or subsequent conviction for this offense or a conviction for this offense after having previously been convicted of criminal sexual assault or aggravated criminal sexual assault, or a conviction for this offense against 2 or more victims, shall result in a term of natural life imprisonment. The charging instrument must state the prior conviction. Click here and see Note C for an explanation and a model complaint.

VERY IMPORTANT: For a discussion concerning the necessity of alleging a defendant's mental state in this type of cause, click here.

CAUTION: Public Act 89-428 was declared unconstitutional by the Illinois Supreme Court in the case of Johnson v. Edgar, 176 Ill.2d 499, 680 N.E. 2d 1372, 224 Ill.Dec. 1 (1997). All amendments enacted by Public Act 89-428 are to be considered void.

IMPORTANT: For discussion of Apprendi problem, click here.

This subsection was amneded by Public Act 95-640 (Eff: 6-1-08).

Legislative History: Created - P.A.s 89-428 (Eff: 12-13-95), 89-462 (Eff: 5-29-96); Amended - P.A. 90-396, 91-238 and 91-404.

CHARGE: Felony (Class X)
BOND: Must be Set by Judge