Illinois Age of Consent Laws 2021
What is the Illinois Age of Consent?
The Illinois Age of Consent is 17 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 16 or younger in Illinois are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.
Illinois statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 17. However, if the offender is in a position of authority or trust over the victim, the age of consent is raised to 18.
Illinois does not have a close-in-age exemption. Close in age exemptions, commonly known as "Romeo and Juliet laws", are put in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent.
Because there is no such "Romeo and Juliet law" in Illinois, it is possible for two individuals both under the age of 17 who willingly engage in intercourse to both be prosecuted for statutory rape, although this is rare. Similarly, no protections are reserved for sexual relations in which one participant is a 16 year old and the second is a 17 or 18 year old.
The age of consent in Illinois is based on the following statutes from the Illinois criminal code:
Illinois Age Of Consent Law: 720 ILCS 5/12-15) Sec. 12-15. Criminal sexual abuse. ...(c) The accused 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. Sec. 12-16. Aggravated Criminal Sexual Abuse. ...(d) The accused commits aggravated 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 at least 5 years older than the victim.
Punishments for Violating the Age Of Consent in Illinois
Illinois has eight statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state. One or more of these charges may be used to prosecute violations of the Illinois Age of Consent, as statutory rape or the Illinois equivalent of that charge.
The severity of the criminal charge (felony, misdemeanor, etc) depends on the specifics of the acts committed and the relative ages of the perpetrator and victim. Click any charge for more detailed information.
|Indecent solicitation of a child||Class 1 felony; Class 2 felony; Class 3 felony; Class 4 felony||4-15 years in prison; 3-7 years in prison; 2-5 years in prison; 1-3 years in prison|
|Predatory criminal sexual assault of a child||Class X felony||30-60 years in prison|
|Criminal Sexual abuse||Class A misdemeanor||Less than one year|
|Grooming||Class 4 felony||1-3 years in prison|
|Indecent solicitation of an adult||Class 1 felony; Class 2 felony; Class A misdemeanor; Class X felony||4-15 years in prison; 3-7 years in prison; Less than one year; 30-60 years in prison|
|Permitting sexual abuse of a child||Class 1 felony||4-15 years in prison|
|Sexual exploitation of a child||Class 4 felony; Class A misdemeanor||1-3 years in prison; Less than one year|
|Solicitation to meet a child||Class 4 felony; Class A misdemeanor||1-3 years in prison; Less than one year|