State Laws. A. Statutory Rape - Criminal Offenses

09/25/2000

A person is deemed incapable of consent if he or she is under 17 years of age, regardless of the age of the defendant.[244] Sexual activity with someone under 17 years of age is treated as a misdemeanor if:

  • The victim is at least 9 years of age and the defendant is less than 17 years of age; or
  • The victim is at least 13 years of age and the defendant is less than 5 years older than the victim.[245]

Definition of Offenses

Offense Definition
Criminal sexual abuse[246] Sexual penetration[247] or sexual conduct[248] with someone at least 9 years of age and less than 17 years of age where the defendant is less than 17 years of age.
Sexual penetration or sexual conduct with someone at least 13 years of age and less than 17 years of age where the defendant is less than 5 years older than the victim.
Aggravated criminal sexual abuse[249] Sexual conduct with someone less than 13 years of age where the defendant is at least 17 years of age.
Sexual conduct with someone less than 9 years of age where the defendant is less than 17 years of age.
Sexual penetration or sexual conduct with someone at least 13 years of age but less than 17 years of age where the defendant is at least 5 years older than the victim.
Aggravated criminal sexual assault[250] Sexual penetration with someone less than 9 years of age where the defendant is less than 17 years of age.
Predatory criminal sexual assault of a child[251] Sexual penetration with someone less than 13 years of age where the defendant is at least 17 years of age.

Note: Defendants who are married to the victim can only be prosecuted for these offenses if the victim reports the offense to law enforcement or the State’s Attorney’s office within 30 days of when the alleged offense occurred.[252]