ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/11-1.20 (2026)

Criminal sexual assault

✓ current as of May 2026
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(720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)
    Sec. 11-1.20. Criminal sexual assault.
    (a) A person commits criminal sexual assault if that person commits an act of sexual penetration and:
        (1) uses force or threat of force;
        (2) knows that the victim is unable to understand the
    
nature of the act or is unable to give knowing consent;
        (3) is a family member of the victim, and the victim
    
is under 18 years of age; or
        (4) is 17 years of age or over and holds a position
    
of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age.
    (b) Sentence.
        (1) Criminal sexual assault is a Class 1 felony,
    
except that:
            (A) A person who is convicted of the offense of
        
criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of criminal sexual assault or the offense of exploitation of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault or to the offense of exploitation of a child, commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 30 years and not more than 60 years, except that if the person is under the age of 18 years at the time of the offense, he or she shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (A) to apply.
            (B) A person who has attained the age of 18 years
        
at the time of the commission of the offense and who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (B) to apply. An offender under the age of 18 years at the time of the commission of the offense covered by this subparagraph (B) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
            (C) A second or subsequent conviction for a
        
violation of paragraph (a)(3) or (a)(4) or under any similar statute of this State or any other state for any offense involving criminal sexual assault that is substantially equivalent to or more serious than the sexual assault prohibited under paragraph (a)(3) or (a)(4) is a Class X felony.
(Source: P.A. 99-69, eff. 1-1-16.)

    
Notes of Decisions
Cited in 308 cases (221 in the last 5 years), 2012–2026 · leading case: People v. Hatter, 2021 IL 125981, 183 N.E.3d 136.
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People v. Hatter, 2021 IL 125981, 183 N.E.3d 136. · cites it 3× “BACKGROUND ¶3 The petitioner, Anthony Hatter, was charged with nine counts of criminal sexual assault (720 ILCS 5/11-1.20 (West 2012)) based on three acts involving F.”
People v. Gonzalez, 2019 IL App (1st) 152760. · cites it 3× “(counts IV and VI). The trial court merged the respective aggravated criminal sexual abuse counts against each victim into the two criminal sexual assault counts against each victim (counts I and II) and sentenced defendant to 10 years in prison on each count, to be served…”
People v. Carter, 2022 IL App (1st) 210261, 213 N.E.3d 866. · cites it 3× “On direct appeal, he argues that the evidence was insufficient to find him guilty beyond a reasonable doubt; the trial court erred in denying his motion in limine and allowing the State to elicit testimony in violation of the rape shield statute (725 ILCS 5/115-7(a) (West…”
People v. Lloyd, 2013 IL 113510, 987 N.E.2d 386. “July 1, 2011); see 720 ILCS 5/11-1.20(a) (West 2010). -2- the nature of the sex acts or give knowing consent to them.”
People v. Arze, 2016 IL App (1st) 131959, 52 N.E.3d 746. “July 1, 2011) (amending 720 ILCS 5/12-13(a)(1), (2) (West 2010)) (now codified as 720 ILCS 5/11-1.20(a)(1), (2) (West 2012)).”
People v. Westfall, 2018 IL App (4th) 150997, 115 N.E.3d 1148. “720 ILCS 5/11-1.20(a)(1) (West 2012). The conduct alleged was the following: mouth to vagina (count I) and penis to vagina (count II).”
People v. Johnson, 2021 IL App (5th) 190515. · cites it 3× “OPINION ¶1 Following a bench trial, the trial court found the defendant not guilty of two counts of criminal sexual assault (720 ILCS 5/11-1.20(a)(2) (West 2016)) but found him guilty of one count of distributing harmful material to a minor (720 ILCS 5/11-21(b)(1)(A) (West…”
People v. Watts, 2022 IL App (4th) 210590, 224 N.E.3d 278. “snuck out of her home to go driving with defendant, who had been drinking alcohol and had made suicidal statements.”
People v. Johnson, 2017 IL App (2d) 141241, 80 N.E.3d 114. · cites it 2× “OPINION ¶1 Following a bench trial in the Du Page County circuit court, defendant, Calvin Johnson, was convicted of criminal sexual assault (720 ILCS 5/11-1.20(a)(1) (West 2012)), aggravated domestic battery (720 ILCS 5/12-3.”
People v. Miki, 2020 IL App (2d) 190862. · cites it 2× “’s mouth (720 ILCS 5/11-1.20(a)(4) (West 2018)) (counts I and III), two counts of criminal sexual assault based on his committing an act of sexual penetration by knowingly making contact between his mouth and A.”
People v. Hartfield, 2022 IL App (1st) 200719, 208 N.E.3d 1223. · cites it 2× “30(a)(2) (West 2016)), four counts criminal sexual assault with force (720 ILCS 5/12-13(a)(1) (West 2008); 720 ILCS 5/11-1.20(a)(1) (West 2016)), and three counts of criminal sexual assault of a family member (720 ILCS 5/12-13(a)(3) (West 2008)).”
Milija Zivkovic v. Eric Holder, Jr., 724 F.3d 894 (7th Cir. 2013). · cites it 2× “In 1978, following a jury trial, he was convicted of attempted rape, see 720 ILCS 5/8-4 (current law defining crime of attempt); 720 ILCS 5/11-1.20 (current law defining criminal sexual assault), and was sentenced to 4 to 12 years in prison.”
Show all 308 citing cases →
720 ILCS 5/11-1.20(A)(4): 1 case
People v. Mercado, 2025 IL App (4th) 240448-U.
720 ILCS 5/11-1.20(a): 8 cases
People v. Lloyd, 2013 IL 113510, 987 N.E.2d 386. “July 1, 2011); see 720 ILCS 5/11-1.20(a) (West 2010). -2- the nature of the sex acts or give knowing consent to them.”
People v. Wolfe, 2021 IL App (4th) 190277-U.
People v. Gaines, 2026 IL App (4th) 250290-U.
People v. Alhmdan, 2021 IL App (2d) 200759-U.
People v. Petersen, 2024 IL App (4th) 230280-U.
720 ILCS 5/11-1.20(a)(1): 127 cases
People v. Gonzalez, 2019 IL App (1st) 152760. “(counts IV and VI). The trial court merged the respective aggravated criminal sexual abuse counts against each victim into the two criminal sexual assault counts against each victim (counts I and II) and sentenced defendant to 10 years in prison on each count, to be served…”
People v. Arze, 2016 IL App (1st) 131959, 52 N.E.3d 746. “July 1, 2011) (amending 720 ILCS 5/12-13(a)(1), (2) (West 2010)) (now codified as 720 ILCS 5/11-1.20(a)(1), (2) (West 2012)).”
People v. Westfall, 2018 IL App (4th) 150997, 115 N.E.3d 1148. “720 ILCS 5/11-1.20(a)(1) (West 2012). The conduct alleged was the following: mouth to vagina (count I) and penis to vagina (count II).”
People v. Watts, 2022 IL App (4th) 210590, 224 N.E.3d 278. “snuck out of her home to go driving with defendant, who had been drinking alcohol and had made suicidal statements.”
People v. Johnson, 2017 IL App (2d) 141241, 80 N.E.3d 114. “OPINION ¶1 Following a bench trial in the Du Page County circuit court, defendant, Calvin Johnson, was convicted of criminal sexual assault (720 ILCS 5/11-1.20(a)(1) (West 2012)), aggravated domestic battery (720 ILCS 5/12-3.”
720 ILCS 5/11-1.20(a)(2): 44 cases
People v. Johnson, 2021 IL App (5th) 190515. “OPINION ¶1 Following a bench trial, the trial court found the defendant not guilty of two counts of criminal sexual assault (720 ILCS 5/11-1.20(a)(2) (West 2016)) but found him guilty of one count of distributing harmful material to a minor (720 ILCS 5/11-21(b)(1)(A) (West…”
People v. Profit, 2023 IL App (1st) 210881, 218 N.E.3d 495.
People v. Sanders, 2015 IL App (4th) 130881, 34 N.E.3d 219.
People v. Holland, 2023 IL App (4th) 220384.
People v. Basile, 2022 IL App (2d) 210740, 203 N.E.3d 410.
720 ILCS 5/11-1.20(a)(3): 71 cases
People v. Hatter, 2021 IL 125981, 183 N.E.3d 136. “BACKGROUND ¶3 The petitioner, Anthony Hatter, was charged with nine counts of criminal sexual assault (720 ILCS 5/11-1.20 (West 2012)) based on three acts involving F.”
In re M.G., 2024 IL App (1st) 232106.
People v. Tucek, 2019 IL App (2d) 160788, 125 N.E.3d 402.
People v. Hinthorn, 2019 IL App (4th) 160818.
People v. Braddy, 2015 IL App (5th) 130354, 32 N.E.3d 39.
720 ILCS 5/11-1.20(a)(4): 39 cases
People v. Carter, 2022 IL App (1st) 210261, 213 N.E.3d 866. “On direct appeal, he argues that the evidence was insufficient to find him guilty beyond a reasonable doubt; the trial court erred in denying his motion in limine and allowing the State to elicit testimony in violation of the rape shield statute (725 ILCS 5/115-7(a) (West…”
People v. Miki, 2020 IL App (2d) 190862. “’s mouth (720 ILCS 5/11-1.20(a)(4) (West 2018)) (counts I and III), two counts of criminal sexual assault based on his committing an act of sexual penetration by knowingly making contact between his mouth and A.”
People v. Breshears, 2023 IL App (4th) 220947, 235 N.E.3d 82.
People v. Willenborg, 2023 IL App (5th) 230727.
People v. Cetwinski, 2018 IL App (3d) 160174, 115 N.E.3d 442.
720 ILCS 5/11-1.20(b)(1): 11 cases
People v. Hatter, 2021 IL 125981, 183 N.E.3d 136. “BACKGROUND ¶3 The petitioner, Anthony Hatter, was charged with nine counts of criminal sexual assault (720 ILCS 5/11-1.20 (West 2012)) based on three acts involving F.”
People v. Davis, 2022 IL App (4th) 210733-U.
People v. Jackson, 2022 IL App (4th) 190710-U.
People v. Muraida, 2022 IL App (4th) 200585-U.
People v. Wheaton, 2023 IL App (4th) 221070-U.
720 ILCS 5/11-1.20(b)(1)(C): 1 case
People v. Suttner, 2023 IL App (4th) 220708-U.
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