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  • Hypothetical questions...

    These were a couple of questions that were thrown out in a criminal law class of mine back when I was in school that never really got answered...

    In illinois, a person who has sexual relations with a person over 13 but under 17 and is not more than 5 years older than the person commits Criminal Sexual Abuse - 720 ILCS 5/15

    1. If two 16 year old kids were engaging in sexual conduct, could they or would they both be charged with Criminal Sexual Abuse on each other?

    2. If a person who has been emancipated from their parents but is still under the age of 17 has sexual relations with someone, would there still be a charge for Crim Sex Abuse?

  • #2
    Originally posted by zimmerman_pm View Post
    These were a couple of questions that were thrown out in a criminal law class of mine back when I was in school that never really got answered...

    In illinois, a person who has sexual relations with a person over 13 but under 17 and is not more than 5 years older than the person commits Criminal Sexual Abuse - 720 ILCS 5/15

    1. If two 16 year old kids were engaging in sexual conduct, could they or would they both be charged with Criminal Sexual Abuse on each other?

    2. If a person who has been emancipated from their parents but is still under the age of 17 has sexual relations with someone, would there still be a charge for Crim Sex Abuse?
    I think you are still in school and are looking for assistance on a class project. Look up the statute: Illinois Statute
    Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

    [George Washington (1732 - 1799)]

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    • #3
      No sir I am thankfully no longer in school. I graduated 2 years ago but having read some of the other posts I can understand where you might think I was a student trying to have someone else do my assignments.

      I did look up the Illinois Statute (720ILCS 5/15) but I didnt see any clause or inclusion of extra circumstances such as a teen being emancipated from their parents.

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      • #4
        Originally posted by zimmerman_pm View Post
        No sir I am thankfully no longer in school. I graduated 2 years ago but having read some of the other posts I can understand where you might think I was a student trying to have someone else do my assignments.

        I did look up the Illinois Statute (720ILCS 5/15) but I didnt see any clause or inclusion of extra circumstances such as a teen being emancipated from their parents.
        Now you have to look up case law.
        Pete Malloy, "The only thing black and white about this job is the car."

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        • #5
          Wow, we need to clear some things up.

          720 ILCS 5/15 is about definitions of property crimes, so I have no idea where that came from. Edit: I guess you mean 720 ILCS 5/12-15 which is criminal sex abuse.

          Having sex is criminal sex "assault" not abuse (criminal sex abuse is fondling).

          Anytime anyone has sex with someone with the use of force or without their consent, it is criminal sex assault (and there are plenty of things that can make it "aggravated"). That being said, a person under 18 yoa is legally not able to give consent.

          So, a 19 yo boyfriend having consensual sex with a 16 yo girlfriend is technically criminal sexual assault, although certain State's Attorney's offices may be hesitant to prosecute these type of cases. Two 16 y/o's having sex is not a violation, although, depending on what their parents want, you can make a report and refer them to the SAO for charges (which would probably be something a lot lesser of an offense, i.e. trespassing if the kid is doing it at home and the parents don't want the other lovebird there).

          And when you're talking about "sexual conduct," you're talking about fondling/touching, etc. which would be criminal sex abuse. "Sexual conduct" does not mean having sex.
          Last edited by flydream777; 05-11-2011, 11:17 PM.

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          • #6
            Originally posted by zimmerman_pm View Post
            No sir I am thankfully no longer in school. I graduated 2 years ago but having read some of the other posts I can understand where you might think I was a student trying to have someone else do my assignments.

            I did look up the Illinois Statute (720ILCS 5/15) but I didnt see any clause or inclusion of extra circumstances such as a teen being emancipated from their parents.
            I would be less concerned with the law and more concerned with the father who will dismember you for having sex with his underage daughter.

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            • #7
              Originally posted by flydream777 View Post
              Wow, we need to clear some things up.

              720 ILCS 5/15 is about definitions of property crimes, so I have no idea where that came from. Edit: I guess you mean 720 ILCS 5/12-15 which is criminal sex abuse.

              Having sex is criminal sex "assault" not abuse (criminal sex abuse is fondling).

              Anytime anyone has sex with someone with the use of force or without their consent, it is criminal sex assault (and there are plenty of things that can make it "aggravated"). That being said, a person under 18 yoa is legally not able to give consent.

              So, a 19 yo boyfriend having consensual sex with a 16 yo girlfriend is technically criminal sexual assault, although certain State's Attorney's offices may be hesitant to prosecute these type of cases. Two 16 y/o's having sex is not a violation, although, depending on what their parents want, you can make a report and refer them to the SAO for charges (which would probably be something a lot lesser of an offense, i.e. trespassing if the kid is doing it at home and the parents don't want the other lovebird there).

              And when you're talking about "sexual conduct," you're talking about fondling/touching, etc. which would be criminal sex abuse. "Sexual conduct" does not mean having sex.
              Right. When researching law, it never hurts to search in the appropriate section of the statutes.

              Comment


              • #8
                Originally posted by zimmerman_pm View Post
                These were a couple of questions that were thrown out in a criminal law class of mine back when I was in school that never really got answered...

                In illinois, a person who has sexual relations with a person over 13 but under 17 and is not more than 5 years older than the person commits Criminal Sexual Abuse - 720 ILCS 5/15

                1. If two 16 year old kids were engaging in sexual conduct, could they or would they both be charged with Criminal Sexual Abuse on each other?

                2. If a person who has been emancipated from their parents but is still under the age of 17 has sexual relations with someone, would there still be a charge for Crim Sex Abuse?
                Take another look at #1 in your original post. The two kids are 16. Even if they say "Yes", the law says "NO". Additionally, and this has been pointed out to you, sexual conduct and sexual abuse are two different things.

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                • #9
                  And if they are both 16 and having sex, nothing will be done about it. Why are you still working on this paper for school?
                  Free Deke O'Mally!!!

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                  • #10
                    16 year olds will always be curious about where the various parts go. It's a big difference when a more mature 36 year old is taking advantage of a 16 year old.

                    Here's your homework assignment for today, research the phrase "legislative intent".
                    Today's Quote:

                    "The difference between stupidity and genius is that genius has its limits."
                    Albert Einstein

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