FAIL RPT SEXUAL ABUSE CHILD

Illinois General Assembly - Full Text of HB5088

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5088

Introduced 2/10/2026, by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:

720 ILCS 5/11-9.1B

Amends the Criminal Code of 2012. Provides that a person over the age
of 18 commits failure to report sexual abuse of a child when he or she is
aware of, has a reasonable belief, or personally observes (rather than
just personally observes) sexual abuse, between a person who he or she
knows is over the age of 18 and a person he or she knows is a child under
the age of 13, and knowingly fails to report the sexual abuse to law
enforcement.
LRB104 17983 RLC 31420 b

A BILL FOR

HB5088
LRB104 17983 RLC 31420 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 Section 11-9.1B as follows:

6

(720 ILCS 5/11-9.1B)
7

Sec. 11-9.1B.
Failure to report sexual abuse of a child.
8

(a) For the purposes of this Section:
9

"Child" means any person under the age of 13.
10

"Sexual abuse" means any contact, however slight, between
11
the sex organ or anus of the victim or the accused and an
12
object or body part, including, but not limited to, the sex
13
organ, mouth, or anus of the victim or the accused, or any
14
intrusion, however slight, of any part of the body of the
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victim or the accused or of any animal or object into the sex
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organ or anus of the victim or the accused, including, but not
17
limited to, cunnilingus, fellatio, or anal penetration.
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Evidence of emission of semen is not required to prove sexual
19
abuse.
20

(b) A person over the age of 18 commits failure to report
21
sexual abuse of a child when he or she
is aware of, has a
22
reasonable belief, or
personally observes sexual abuse, as
23
defined by this Section, between a person who he or she knows

HB5088
- 2 -
LRB104 17983 RLC 31420 b
1
is over the age of 18 and a person he or she knows is a child,
2
and knowingly fails to report the sexual abuse to law
3
enforcement.
4

(c) This Section does not apply to a person who makes
5
timely and reasonable efforts to stop the sexual abuse by
6
reporting the sexual abuse in conformance with the Abused and
7
Neglected Child Reporting Act or by reporting the sexual abuse
8
or causing a report to be made, to medical or law enforcement
9
authorities or anyone who is a mandated reporter under Section
10
4 of the Abused and Neglected Child Reporting Act.
11

(d) A person may not be charged with the offense of failure
12
to report sexual abuse of a child under this Section until the
13
person who committed the offense is charged with criminal
14
sexual assault, aggravated criminal sexual assault, predatory
15
criminal sexual assault of a child, criminal sexual abuse, or
16
aggravated criminal sexual abuse.
17

(e) It is an affirmative defense to a charge of failure to
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report sexual abuse of a child under this Section that the
19
person who personally observed the sexual abuse had a
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reasonable apprehension that timely action to stop the abuse
21
would result in the imminent infliction of death, great bodily
22
harm, permanent disfigurement, or permanent disability to that
23
person or another in retaliation for reporting.
24

(f) Sentence. A person who commits failure to report
25
sexual abuse of a child is guilty of a Class A misdemeanor for
26
the first violation and a Class 4 felony for a second or

HB5088
- 3 -
LRB104 17983 RLC 31420 b
1
subsequent violation.
2

(g) Nothing in this Section shall be construed to allow
3
prosecution of a person who personally observes the act of
4
sexual abuse and assists with an investigation and any
5
subsequent prosecution of the offender.
6
(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14.)

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