CRIM CD-SEXUAL ASSAULT

Illinois General Assembly - Full Text of HB2400

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2400

Introduced 2/4/2025, by Rep. Michael J. Kelly

SYNOPSIS AS INTRODUCED:

720 ILCS 5/11-1.30

was 720 ILCS 5/12-14
720 ILCS 5/11-1.40

was 720 ILCS 5/12-14.1

Amends the Criminal Code of 2012. Provides that the sentence for
aggravated criminal sexual assault, which does not otherwise provide for
an enhanced penalty, is a Class X felony for which 5 years shall be added
to the term of imprisonment imposed by the court. Provides that the
sentence for predatory criminal sexual assault of a child, which does not
otherwise provide for an enhanced penalty, is a Class X felony with a
minimum term of imprisonment of 11 (rather than 6) years.
LRB104 10261 RLC 20335 b

A BILL FOR

HB2400
LRB104 10261 RLC 20335 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Criminal Code of 2012 is amended by
5
changing Sections 11-1.30 and 11-1.40 as follows:

6

(720 ILCS 5/11-1.30)

(was 720 ILCS 5/12-14)
7

Sec. 11-1.30.
Aggravated Criminal Sexual Assault.
8

(a) A person commits aggravated criminal sexual assault if
9
that person commits criminal sexual assault and any of the
10
following aggravating circumstances exist during the
11
commission of the offense or, for purposes of paragraph (7),
12
occur as part of the same course of conduct as the commission
13
of the offense:
14

(1) the person displays, threatens to use, or uses a
15

dangerous weapon, other than a firearm, or any other
16

object fashioned or used in a manner that leads the
17

victim, under the circumstances, reasonably to believe
18

that the object is a dangerous weapon;
19

(2) the person causes bodily harm to the victim,
20

except as provided in paragraph (10);
21

(3) the person acts in a manner that threatens or
22

endangers the life of the victim or any other person;
23

(4) the person commits the criminal sexual assault

HB2400
- 2 -
LRB104 10261 RLC 20335 b
1

during the course of committing or attempting to commit
2

any other felony;
3

(5) the victim is 60 years of age or older;
4

(6) the victim is a person with a physical disability;
5

(7) the person delivers (by injection, inhalation,
6

ingestion, transfer of possession, or any other means) any
7

controlled substance to the victim without the victim's
8

consent or by threat or deception for other than medical
9

purposes;
10

(8) the person is armed with a firearm;
11

(9) the person personally discharges a firearm during
12

the commission of the offense; or
13

(10) the person personally discharges a firearm during
14

the commission of the offense, and that discharge
15

proximately causes great bodily harm, permanent
16

disability, permanent disfigurement, or death to another
17

person.
18

(b) A person commits aggravated criminal sexual assault if
19
that person is under 17 years of age and: (i) commits an act of
20
sexual penetration with a victim who is under 9 years of age;
21
or (ii) commits an act of sexual penetration with a victim who
22
is at least 9 years of age but under 13 years of age and the
23
person uses force or threat of force to commit the act.
24

(c) A person commits aggravated criminal sexual assault if
25
that person commits an act of sexual penetration with a victim
26
who is a person with a severe or profound intellectual

HB2400
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LRB104 10261 RLC 20335 b
1
disability.
2

(d) Sentence.
3

(1) Aggravated criminal sexual assault in violation of
4

paragraph (2), (3), (4), (5), (6), or (7) of subsection
5

(a) or in violation of subsection (b) or (c) is a Class X
6

felony
for which 5 years shall be added to the term of
7

imprisonment imposed by the court
. A violation of
8

subsection (a)(1) is a Class X felony for which 10 years
9

shall be added to the term of imprisonment imposed by the
10

court. A violation of subsection (a)(8) is a Class X
11

felony for which 15 years shall be added to the term of
12

imprisonment imposed by the court. A violation of
13

subsection (a)(9) is a Class X felony for which 20 years
14

shall be added to the term of imprisonment imposed by the
15

court. A violation of subsection (a)(10) is a Class X
16

felony for which 25 years or up to a term of natural life
17

imprisonment shall be added to the term of imprisonment
18

imposed by the court. An offender under the age of 18 years
19

at the time of the commission of aggravated criminal
20

sexual assault in violation of paragraphs (1) through (10)
21

of subsection (a) shall be sentenced under Section
22

5-4.5-105 of the Unified Code of Corrections.
23

(2) A person who has attained the age of 18 years at
24

the time of the commission of the offense and who is
25

convicted of a second or subsequent offense of aggravated
26

criminal sexual assault, or who is convicted of the

HB2400
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LRB104 10261 RLC 20335 b
1

offense of aggravated criminal sexual assault after having
2

previously been convicted of the offense of criminal
3

sexual assault or the offense of predatory criminal sexual
4

assault of a child, or who is convicted of the offense of
5

aggravated criminal sexual assault after having previously
6

been convicted under the laws of this or any other state of
7

an offense that is substantially equivalent to the offense
8

of criminal sexual assault, the offense of aggravated
9

criminal sexual assault or the offense of predatory
10

criminal sexual assault of a child, shall be sentenced to
11

a term of natural life imprisonment. The commission of the
12

second or subsequent offense is required to have been
13

after the initial conviction for this paragraph (2) to
14

apply. An offender under the age of 18 years at the time of
15

the commission of the offense covered by this paragraph
16

(2) shall be sentenced under Section 5-4.5-105 of the
17

Unified Code of Corrections.
18
(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15;
19
99-642, eff. 7-28-16.)

20

(720 ILCS 5/11-1.40)

(was 720 ILCS 5/12-14.1)
21

Sec. 11-1.40.
Predatory criminal sexual assault of a
22
child.
23

(a) A person commits predatory criminal sexual assault of
24
a child if that person is 17 years of age or older, and commits
25
an act of contact, however slight, between the sex organ or

HB2400
- 5 -
LRB104 10261 RLC 20335 b
1
anus of one person and the part of the body of another for the
2
purpose of sexual gratification or arousal of the victim or
3
the accused, or an act of sexual penetration, and:
4

(1) the victim is under 13 years of age; or
5

(2) the victim is under 13 years of age and that
6

person:
7

(A) is armed with a firearm;
8

(B) personally discharges a firearm during the
9

commission of the offense;
10

(C) causes great bodily harm to the victim that:
11

(i) results in permanent disability; or
12

(ii) is life threatening; or
13

(D) delivers (by injection, inhalation, ingestion,
14

transfer of possession, or any other means) any
15

controlled substance to the victim without the
16

victim's consent or by threat or deception, for other
17

than medical purposes.
18

(b) Sentence.
19

(1) A person convicted of a violation of subsection
20

(a)(1) commits a Class X felony, for which the person
21

shall be sentenced to a term of imprisonment of not less
22

than
11

6
years and not more than 60 years. A person
23

convicted of a violation of subsection (a)(2)(A) commits a
24

Class X felony for which 15 years shall be added to the
25

term of imprisonment imposed by the court. A person
26

convicted of a violation of subsection (a)(2)(B) commits a

HB2400
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LRB104 10261 RLC 20335 b
1

Class X felony for which 20 years shall be added to the
2

term of imprisonment imposed by the court. A person who
3

has attained the age of 18 years at the time of the
4

commission of the offense and who is convicted of a
5

violation of subsection (a)(2)(C) commits a Class X felony
6

for which the person shall be sentenced to a term of
7

imprisonment of not less than 50 years or up to a term of
8

natural life imprisonment. An offender under the age of 18
9

years at the time of the commission of predatory criminal
10

sexual assault of a child in violation of subsections
11

(a)(1), (a)(2)(A), (a)(2)(B), and (a)(2)(C) shall be
12

sentenced under Section 5-4.5-105 of the Unified Code of
13

Corrections.
14

(1.1) A person convicted of a violation of subsection
15

(a)(2)(D) commits a Class X felony for which the person
16

shall be sentenced to a term of imprisonment of not less
17

than 50 years and not more than 60 years. An offender under
18

the age of 18 years at the time of the commission of
19

predatory criminal sexual assault of a child in violation
20

of subsection (a)(2)(D) shall be sentenced under Section
21

5-4.5-105 of the Unified Code of Corrections.
22

(1.2) A person who has attained the age of 18 years at
23

the time of the commission of the offense and convicted of
24

predatory criminal sexual assault of a child committed
25

against 2 or more persons regardless of whether the
26

offenses occurred as the result of the same act or of

HB2400
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LRB104 10261 RLC 20335 b
1

several related or unrelated acts shall be sentenced to a
2

term of natural life imprisonment and an offender under
3

the age of 18 years at the time of the commission of the
4

offense shall be sentenced under Section 5-4.5-105 of the
5

Unified Code of Corrections.
6

(2) A person who has attained the age of 18 years at
7

the time of the commission of the offense and who is
8

convicted of a second or subsequent offense of predatory
9

criminal sexual assault of a child, or who is convicted of
10

the offense of predatory criminal sexual assault of a
11

child after having previously been convicted of the
12

offense of criminal sexual assault or the offense of
13

aggravated criminal sexual assault, or who is convicted of
14

the offense of predatory criminal sexual assault of a
15

child after having previously been convicted under the
16

laws of this State or any other state of an offense that is
17

substantially equivalent to the offense of predatory
18

criminal sexual assault of a child, the offense of
19

aggravated criminal sexual assault or the offense of
20

criminal sexual assault, shall be sentenced to a term of
21

natural life imprisonment. The commission of the second or
22

subsequent offense is required to have been after the
23

initial conviction for this paragraph (2) to apply. An
24

offender under the age of 18 years at the time of the
25

commission of the offense covered by this paragraph (2)
26

shall be sentenced under Section 5-4.5-105 of the Unified

HB2400
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LRB104 10261 RLC 20335 b
1

Code of Corrections.
2
(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14;
3
98-903, eff. 8-15-14; 99-69, eff. 1-1-16
.)

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