ILLINOIS : Rape/Molestation Statutes of Limitation
The accused commits criminal sexual assault if he or she:
1. commits an act of sexual penetration by the use of force or threat of force; or
2. commits an act of sexual penetration and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent; or
3. commits an act of sexual penetration with a victim who was under 18 when the act was committed and the accused was a family member; or
4. commits an act of sexual penetration with a victim who was at least 13 but under 18 when the act was committed and the accused was 17 and held a position of trust, authority or supervision in relation to the victim.
The accused commits aggravated criminal sexual assault if he or she commits criminal sexual assault and any of the following aggravating circumstances existed during the commission of the offense:
1. the accused displayed, threatened to use, or used a dangerous weapon, other than a firearm, or any object fashioned or utilized in such a manner as to lead the victim under the circumstances reasonably to believe it to be a dangerous weapon; or
2. the accused caused bodily harm to the victim; or
3. the accused acted in such a manner as to threaten or endanger the life of the victim or any other person; or
4. the criminal sexual assault was perpetrated during the course of the commission or attempted commission of any other felony by the accused; or
5. the victim was 60 or over when the offense was committed; or
6. the victim was a physically handicapped person; or
7. the accused delivered to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance; or
8. the accused was armed with a firearm; or
9. the accused personally discharged a firearm during the commission of the offense; or
10. the accused, during the commission of the offense, personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person.
11. The accused commits aggravated criminal sexual assault if the accused was under 17 and
a. commits an act of sexual penetration with a victim who was under 9 when the act was committed; or
b. commits an act of sexual penetration with a victim who was at least 9 years of age but under 13 when the act was committed and the accused used force or threat of force to commit the act.
12. The accused commits aggravated criminal sexual assault if he or she commits an act of sexual penetration with a victim who was an institutionalized severely or profoundly mentally retarded person at the time the act was committed.
"Sexual assault" means the commission or attempted commission of the following: criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, indecent solicitation of a child, public indecency, sexual relations within families, soliciting for a juvenile prostitute, keeping a place of juvenile prostitution, patronizing a juvenile prostitute, juvenile pimping, exploitation of a child, obscenity, child pornography, or harmful material, as those offenses are defined in the Criminal Code of 1961.
The statute of limitations for sexual assault in Illinois is ten years if the victim reported the crime within two years after it happened.
Bob sexually assaults Jane. Within two (2) years, Jane reports the crime to the authorities. As a resident of Illinois, Jane has ten (10) years from the commission of the crime within which the crime must be prosecuted.
In the event of sexual assault against a child, the statute of limitations is ten (10) years after the child reaches the age of majority.
Bob sexually assaults Jane when she is 14 years old. As a resident of Illinois, Jane has within ten years of turning 18 years old to report Bob's crime. In her case, because she is 14, she has fourteen (14) years.
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