(6 Years-Life IDOC)
Sex Crimes are very serious in nature. Sex Crimes have also demonstrated many gray areas as seen in recent years in the media. These types of crimes are sometimes also viewed as more heinous than murder to the general public. In Illinois, the most serious sex crime (and probably the most heinous in the court of public opinion) is Predatory Criminal Sexual Assault of a Child (Also known as Child Molesting to the general public).
Predatory Criminal Sexual Assault of a Child (720 ILCS 5/11-1.40) is defined as follows:
(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
(2) the victim is under 13 years of age and that person:
(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.
Predatory Criminal Sexual Assault of a Child is a Class X Felony. While a Class X Felony is typically punishable by 6-30 years in the penitentiary, A conviction for Predatory Criminal Sexual Assault of a Child is punishable by 6-60 Years in the penitentiary due to the serious nature of the offense. An individual convicted on this charge must serve a mandatory minimum sentence of 6 years in the penitentiary. It is NON-PROBATIONABLE and the individual convicted must serve 85% of their sentence before being eligible for Mandatory Supervised Release (Formerly Known as Parole).
Additionally, an individual convicted of Predatory Criminal Sexual Assault of a Child also can face extended sentencing parameters under certain circumstances:
- An individual would be subject to a mandatory firearm enhancement of 15 years (21 Year Mandatory Minimum) if the individual is armed with a firearm while committing the offense. An individual would be also be subject to a mandatory firearm enhancement of 20 years (26 mandatory minimum) if an individual discharges a firearm during the commission of the offense.
- An individual would be subject to a mandatory minimum of 50 years to a maximum of natural life imprisonment if an individual causes great bodily harm that results in permanent disability or is considered life threatening.
- An individual would be subject to extended sentencing of 50-60 years in prison is they were found to have delivered a controlled substance to the alleged victim during the commission of the offense.
- An individual would be subject to a mandatory sentence of natural life imprisonment if there are two or more victims.
Another nuance that should be known is that anyone convicted of Predatory Criminal Sexual Assault of a Child is subject to mandatory consecutive sentencing. Consecutive sentencing means that a conviction on more than one count of the instant offense would require that a sentence on each count be served one after another. For example, if an individual is convicted on three counts of Predatory Criminal Sexual Assault of a Child would have to serve a mandatory minimum sentence of 18 years in the penitentiary.
Also, any conviction on the charge of Predatory Criminal Sexual Assault of a Child requires an individual to register as a sex offender for the period of their natural life once released from the penitentiary.
It is not only imperative, but practically required to consult an experienced criminal defense attorney when facing this type of charge. These charges are extremely complex and require a diligent and extensive analysis by an experienced criminal defense attorney. Developing a theory of defense and conducting an extensive analysis is crucial to opposing these serious charges. If you or someone you know if accused or charged with the offense of Predatory Criminal Sexual Assault of a Child, don’t hesitate to contact Wigell Law Group. With 42 plus years of experience in handling these types of cases, it is imperative to have an experienced team on your side when facing the potential life altering consequences these charges pose.