Bloomington DUI

Attorney John G. Prior Jr. has extensive experience trying cases both in Western and Central Illinois.
Read more about Mr. Prior's experience as an Illinois Attorney.

Criminal Offenses

Bloomington, IL

Criminal Attorney

Criminal Sexual Abuse

Definition of Criminal Sexual Abuse. In Illinois, (a) a person commits criminal sexual abuse if he or she: (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 the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent. (b) A person commits criminal sexual abuse if he or she was under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who was at least 9 years of age but under 17 years of age when the act was committed. (c) A person commits criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who was at least 13 years of age but under 17 years of age and the accused was less than 5 years older than the victim. 720 ILCS 5/12-15.

Issues In Criminal Sexual Abuse - To sustain the charge of criminal sexual abuse, the State must prove the following propositions: [1] First Proposition: that the defendant committed an act of sexual conduct upon _______________; and Second Proposition: That the act was committed by force or threat of force[; and Third Proposition: That _________________ did not consent to the act of sexual conduct]. [or] First Proposition: That the defendant committed an act of sexual conduct upon _____________; and Second Proposition: That the defendant knew that _______________ was unable to [ (understand the nature of the act) (give knowing consent to the act) ]. [or] [2] First Proposition: That the defendant committed an act of [ (sexual penetration) (sexual conduct) ] with ______________; and Second Proposition: That the defendant was 17 years of age or older; and Third Proposition: That _______________ was at least 13 years of age but under 16 years of age when the act was committed[; and Fourth Proposition: That the defendant did not reasonably believe ___________ to be 16 years of age or older]. [or] [3] First Proposition: That the defendant committed an act of [ (sexual penetration) (sexual conduct) ] with _________________; and Second Proposition: That the defendant was under 17 years of age; and Third Proposition: That ________________ was at least 9 years of age but under 16 years of age when the act was committed[; and Fourth Proposition: That the defendant did not reasonably believe _______________ to be 16 years of age or older]. [or] [4] First Proposition: That the defendant committed an act of [ (sexual penetration) (sexual conduct) ] upon __________________ ; and Second Proposition: That the defendant was under 17 years of age; and Third Proposition: That _______________ was at least 9 years of age but under 17 years of age when the act was committed[; and Fourth Proposition: That the defendant did not reasonably believe _______________ to be 17 years of age or older]. [or] [5] First Proposition: That the defendant committed an act of [ (sexual penetration) (sexual conduct) upon _______________; and Second Proposition: That the defendant was less than 13 years of age but under 17 years of age when the act was committed; and Third Proposition: That the defendant was less than 5 years older than __________________[; and Fourth Proposition: That the defendant did not reasonably believe __________________________ to be 17 years of age or older]. 11.60 Illinois Pattern Jury Instructions – Criminal 4th Edition

Sentencing - Criminal sexual abuse for a violation of section (b) or (c) is a Class A misdemeanor punishable by 364 days in the county jail a fine up to $2,500 and/or up to 2 years of conditional discharge or probation. Criminal sexual abuse for a violation of paragraph (1) or (2) of section (a) is a Class 4 felony punishable between 1 to 3 years in the Illinois Department of Corrections, a fine up to $25,000, 1 year of mandatory supervised release after the prison term, and/or up to 30 months of conditional discharge or probation. A defendant eligible for extended term could be sentenced between 3 to 6 years in the Illinois Department of Corrections.

In all criminal matters it is recommended that you seek professional legal assistance to protect your constitutional rights. Lawyer John G. Prior has experience trying criminal sexual abuse cases, can give legal advice, will assist you with your case and ensure that your constitutional rights are protected.

If you or a loved one have been charged with criminal sexual abuse that allegedly occurred within Ford County, Livingston County, or within any of the other counties in Central Illinois then contact us and schedule a free consultation.

 

Call 309-827-4300 to schedule a free consultation, or use the form below to contact us.
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Areas We Serve

Located in Bloomington, IL, The Prior Law Firm serves the criminal law needs of the following areas: