Illinois Compiled Statutes

720 ILCS 5/11-1.30 (2026)

Aggravated Criminal Sexual Assault

✓ current as of May 2026
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(720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
    Sec. 11-1.30. Aggravated Criminal Sexual Assault.
    (a) A person commits aggravated criminal sexual assault if that person commits criminal sexual assault and any of the following aggravating circumstances exist during the commission of the offense or, for purposes of paragraph (7), occur as part of the same course of conduct as the commission of the offense:
        (1) the person displays, threatens to use, or uses a
    
dangerous weapon, other than a firearm, or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;
        (2) the person causes bodily harm to the victim,
    
except as provided in paragraph (10);
        (3) the person acts in a manner that threatens or
    
endangers the life of the victim or any other person;
        (4) the person commits the criminal sexual assault
    
during the course of committing or attempting to commit any other felony;
        (5) the victim is 60 years of age or older;
        (6) the victim is a person with a physical disability;
        (7) the person delivers (by injection, inhalation,
    
ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception for other than medical purposes;
        (8) the person is armed with a firearm;
        (9) the person personally discharges a firearm during
    
the commission of the offense; or
        (10) the person personally discharges a firearm
    
during the commission of the offense, and that discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
    (b) A person commits aggravated criminal sexual assault if that person is under 17 years of age and: (i) commits an act of sexual penetration with a victim who is under 9 years of age; or (ii) commits an act of sexual penetration with a victim who is at least 9 years of age but under 13 years of age and the person uses force or threat of force to commit the act.
    (c) A person commits aggravated criminal sexual assault if that person commits an act of sexual penetration with a victim who is a person with a severe or profound intellectual disability.
    (d) Sentence.
        (1) Aggravated criminal sexual assault in violation
    
of paragraph (2), (3), (4), (5), (6), or (7) of subsection (a) or in violation of subsection (b) or (c) is a Class X felony. A violation of subsection (a)(1) is a Class X felony for which 10 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(8) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(9) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(10) is a Class X felony for which 25 years or up to a term of natural life imprisonment shall be added to the term of imprisonment imposed by the court. An offender under the age of 18 years at the time of the commission of aggravated criminal sexual assault in violation of paragraphs (1) through (10) of subsection (a) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
        (2) A person who has attained the age of 18 years at
    
the time of the commission of the offense and who is convicted of a second or subsequent offense of aggravated criminal sexual assault, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted of the offense of criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted under the laws of this or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault, 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 (2) to apply. An offender under the age of 18 years at the time of the commission of the offense covered by this paragraph (2) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)

    
Notes of Decisions
Cited in 170 cases (127 in the last 5 years), 2014–2026 · leading case: People v. McCavitt, 2021 IL 125550 (Ill. 2021).
People v. McCavitt, 2021 IL 125550 (Ill. 2021). · cites it 2× “13-CF-741 with aggravated criminal sexual assault (720 ILCS 5/11-1.30(a)(4) (West 2012)) and criminal sexual assault (id.”
People v. Robinson, 2021 IL App (1st) 192289 (Ill. App. Ct. 2021). · cites it 2× “¶2 On remand, defendant argued before the trial court that his life sentence, mandated under the former section 12-14(d)(2) of the Criminal Code of 1961 (720 ILCS 5/12-14(d)(2) (West 2008) (recodified as 720 ILCS 5/11-1.30(d)(2))), is unconstitutional as applied to him based on…”
People v. Towns, 2020 IL App (1st) 171145 (Ill. App. Ct. 2020). · cites it 2× “720 ILCS 5/11-1.30(d)(1) (West 2010); 730 ILCS 5/5-4.”
People v. Bros., 2015 IL App (4th) 130644 (Ill. App. Ct. 2015). · cites it 2× “That same month, defendant pleaded guilty to harassment by telephone (720 ILCS 135/1-1 (West 2010)) and violation of a bail bond (720 ILCS 5/32-10(b) (West 2010)) in McLean County case No.”
People v. Smith, 2019 IL App (1st) 161246 (Ill. App. Ct. 2019). · cites it 3× “720 ILCS 5/11-1.30(a)(1) (West 2014). The gist of the indictment was that defendant forced his penis into S.”
In re Johnathan T., 2021 IL App (5th) 200247 (Ill. App. Ct. 2021). · cites it 3× “30(b)(i) of the Criminal Code of 2012 (720 ILCS 5/11-1.30(b)(i) (West 2018)). The alleged acts occurred between August 1, 2017, and January 18, 2018, when Johnathan T.”
People v. Harkey, 2025 IL App (4th) 230523 (Ill. App. Ct. 2025). · cites it 2× “§ 19-6(a)(2)), and one count of aggravated criminal sexual abuse (id. § 11-1.60(a)(2)). ¶2 After trial but before sentencing, defendant pro se filed a motion for a new trial, alleging his trial counsel rendered ineffective assistance.”
People v. Pellegrini, 2019 IL App (3d) 170827 (Ill. App. Ct. 2019). “OPINION ¶1 The State charged defendant, Kenton Pellegrini, by indictment with aggravated criminal sexual assault (720 ILCS 5/11-1.30(a)(2) (West 2012)), criminal sexual assault (id.”
People v. Burgess, 2015 IL App (1st) 130657 (Ill. App. Ct. 2015). “720 ILCS 5/11-1.30(a)(4), 11- 1.20(a)(4), 10-3 (West 2010).”
People v. Garcia, 2023 IL App (1st) 172005 (Ill. App. Ct. 2023). “The PSI reflected that Garcia had been adjudicated delinquent in 2002 for unlawful possession of a weapon (ammunition according to the State); in 2003 for possession of a controlled substance; and in 2004 for possession of a controlled substance.”
People v. Calderon, 2022 IL App (2d) 200029-U (Ill. App. Ct. 2022). · cites it 7× “720 ILCS 5/11-1.30(a) (West 2018). The aggravating circumstance at issue in this appeal is found in section 11-1.”
People v. Hageman, 2020 IL App (3d) 170637 (Ill. App. Ct. 2020). “BACKGROUND ¶3 A supplanting indictment charged defendant with aggravated criminal sexual assault with a weapon (720 ILCS 5/11-1.30(a)(1) (West 2016)), aggravated criminal sexual assault causing bodily harm (id.”
— 720 ILCS 5/11-1.30(4) — 1 case
People v. Tawfeeq, 2020 IL App (2d) 200052-U (Ill. App. Ct. 2020).
— 720 ILCS 5/11-1.30(A)(2) — 1 case
People v. A.O.N., 2023 IL App (1st) 220841-U (Ill. App. Ct. 2023).
— 720 ILCS 5/11-1.30(a) — 6 cases
People v. Calderon, 2022 IL App (2d) 200029-U (Ill. App. Ct. 2022). “720 ILCS 5/11-1.30(a) (West 2018). The aggravating circumstance at issue in this appeal is found in section 11-1.”
People v. Moore, 2019 IL App (3d) 160355-U (Ill. App. Ct. 2019).
People v. Cruz, 2022 IL App (1st) 200626-U (Ill. App. Ct. 2022).
People v. Rainey, 2022 IL App (2d) 200475-U (Ill. App. Ct. 2022).
People v. Shasho, 2020 IL App (1st) 161223-U (Ill. App. Ct. 2020).
— 720 ILCS 5/11-1.30(a)(1) — 41 cases
People v. Bros., 2015 IL App (4th) 130644 (Ill. App. Ct. 2015). “That same month, defendant pleaded guilty to harassment by telephone (720 ILCS 135/1-1 (West 2010)) and violation of a bail bond (720 ILCS 5/32-10(b) (West 2010)) in McLean County case No.”
People v. Smith, 2019 IL App (1st) 161246 (Ill. App. Ct. 2019). “720 ILCS 5/11-1.30(a)(1) (West 2014). The gist of the indictment was that defendant forced his penis into S.”
People v. Hageman, 2020 IL App (3d) 170637 (Ill. App. Ct. 2020). “BACKGROUND ¶3 A supplanting indictment charged defendant with aggravated criminal sexual assault with a weapon (720 ILCS 5/11-1.30(a)(1) (West 2016)), aggravated criminal sexual assault causing bodily harm (id.”
People v. Streater, 2023 IL App (1st) 220640 (Ill. App. Ct. 2023).
People v. Smith, 2019 IL App (1st) 161246 (Ill. App. Ct. 2021).
— 720 ILCS 5/11-1.30(a)(2) — 49 cases
People v. Harkey, 2025 IL App (4th) 230523 (Ill. App. Ct. 2025). “§ 19-6(a)(2)), and one count of aggravated criminal sexual abuse (id. § 11-1.60(a)(2)). ¶2 After trial but before sentencing, defendant pro se filed a motion for a new trial, alleging his trial counsel rendered ineffective assistance.”
People v. Pellegrini, 2019 IL App (3d) 170827 (Ill. App. Ct. 2019). “OPINION ¶1 The State charged defendant, Kenton Pellegrini, by indictment with aggravated criminal sexual assault (720 ILCS 5/11-1.30(a)(2) (West 2012)), criminal sexual assault (id.”
People v. Munoz-Salgado, 2016 IL App (2d) 140325 (Ill. App. Ct. 2016).
People v. Hartfield, 2022 IL App (1st) 200719 (Ill. App. Ct. 2022).
People v. Kline, 2024 IL App (1st) 221595 (Ill. App. Ct. 2024).
— 720 ILCS 5/11-1.30(a)(3) — 13 cases
People v. Calderon, 2022 IL App (2d) 200029-U (Ill. App. Ct. 2022). “720 ILCS 5/11-1.30(a) (West 2018). The aggravating circumstance at issue in this appeal is found in section 11-1.”
People v. Dalcollo, 2024 IL App (3d) 220153-U (Ill. App. Ct. 2024).
People v. Davis, 2022 IL App (4th) 210733-U (Ill. App. Ct. 2022).
People v. Garcia, 2024 IL App (1st) 211246-U (Ill. App. Ct. 2024).
People v. Bankston, 2020 IL App (4th) 180027-U (Ill. App. Ct. 2020).
— 720 ILCS 5/11-1.30(a)(4) — 19 cases
People v. McCavitt, 2021 IL 125550 (Ill. 2021). “13-CF-741 with aggravated criminal sexual assault (720 ILCS 5/11-1.30(a)(4) (West 2012)) and criminal sexual assault (id.”
People v. Burgess, 2015 IL App (1st) 130657 (Ill. App. Ct. 2015). “720 ILCS 5/11-1.30(a)(4), 11- 1.20(a)(4), 10-3 (West 2010).”
People v. McCavitt, 2019 IL App (3d) 170830 (Ill. App. Ct. 2020).
People v. Richardson, 2022 IL App (1st) 191689-U (Ill. App. Ct. 2022).
People v. Madison, 2021 IL App (1st) 182633-U (Ill. App. Ct. 2021).
— 720 ILCS 5/11-1.30(a)(5) — 8 cases
People v. Cooper, 2024 IL App (2d) 220158 (Ill. App. Ct. 2024).
People v. Smith, 2021 IL App (1st) 191218-U (Ill. App. Ct. 2021).
People v. Moore, 2019 IL App (3d) 160355-U (Ill. App. Ct. 2019).
People v. Xayvong, 2023 IL App (2d) 220132-U (Ill. App. Ct. 2023).
People v. Mendez, 2021 IL App (1st) 171962-U (Ill. App. Ct. 2021).
— 720 ILCS 5/11-1.30(a)(6) — 3 cases
People v. Jacklin, 2024 IL App (3d) 230160-U (Ill. App. Ct. 2024).
People v. Boone, 2021 IL App (2d) 200085-U (Ill. App. Ct. 2021).
People v. Tooley, 2024 IL App (2d) 240395-U (Ill. App. Ct. 2024).
— 720 ILCS 5/11-1.30(a)(7) — 2 cases
People v. Dunn, 2021 IL App (4th) 180552-U (Ill. App. Ct. 2021).
People v. Lewis, 2025 IL App (1st) 231851-U (Ill. App. Ct. 2025).
— 720 ILCS 5/11-1.30(a)(8) — 13 cases
People v. Perkins, 2020 IL App (2d) 170963 (Ill. App. Ct. 2020).
People v. Talley, 2023 IL App (4th) 221013 (Ill. App. Ct. 2023).
People v. Toy, 2013 IL App (1st) 120580 (Ill. App. Ct. 2014).
People v. Dalcollo, 2024 IL App (3d) 220153-U (Ill. App. Ct. 2024).
People v. Rainey, 2019 IL App (2d) 170338-U (Ill. App. Ct. 2019).
— 720 ILCS 5/11-1.30(b)(i) — 10 cases
In re Johnathan T., 2021 IL App (5th) 200247 (Ill. App. Ct. 2021). “30(b)(i) of the Criminal Code of 2012 (720 ILCS 5/11-1.30(b)(i) (West 2018)). The alleged acts occurred between August 1, 2017, and January 18, 2018, when Johnathan T.”
People v. Culp, 2021 IL App (4th) 200517-U (Ill. App. Ct. 2021).
People v. Prokesh, 2020 IL App (3d) 170763-U (Ill. App. Ct. 2020).
In re Johnathan T., 2021 IL App (5th) 200247 (Ill. App. Ct. 2021).
In re Shawn P., 2021 IL App (2d) 200534-U (Ill. App. Ct. 2021).
— 720 ILCS 5/11-1.30(b)(ii) — 2 cases
People v. Sutton, 2022 IL App (5th) 190160-U (Ill. App. Ct. 2022).
People v. Gonzalez, 2022 IL App (2d) 190831-U (Ill. App. Ct. 2022).
— 720 ILCS 5/11-1.30(d) — 1 case
People v. Finley, 2026 IL App (5th) 240306-U (Ill. App. Ct. 2026).
— 720 ILCS 5/11-1.30(d)(1) — 20 cases
People v. Towns, 2020 IL App (1st) 171145 (Ill. App. Ct. 2020). “720 ILCS 5/11-1.30(d)(1) (West 2010); 730 ILCS 5/5-4.”
In re Johnathan T., 2021 IL App (5th) 200247 (Ill. App. Ct. 2021). “30(b)(i) of the Criminal Code of 2012 (720 ILCS 5/11-1.30(b)(i) (West 2018)). The alleged acts occurred between August 1, 2017, and January 18, 2018, when Johnathan T.”
People v. Hardy, 2020 IL App (1st) 172485 (Ill. App. Ct. 2020).
People v. Lampkins, 2015 IL App (1st) 123519 (Ill. App. Ct. 2015).
People v. Towns, 2020 IL App (1st) 171145 (Ill. App. Ct. 2020).
— 720 ILCS 5/11-1.30(d)(2) — 4 cases
People v. Robinson, 2021 IL App (1st) 192289 (Ill. App. Ct. 2021). “¶2 On remand, defendant argued before the trial court that his life sentence, mandated under the former section 12-14(d)(2) of the Criminal Code of 1961 (720 ILCS 5/12-14(d)(2) (West 2008) (recodified as 720 ILCS 5/11-1.30(d)(2))), is unconstitutional as applied to him based on…”
People v. Robinson, 2021 IL App (1st) 192289 (Ill. App. Ct. 2021).
People v. Talley (Ill. App. Ct. 2025).
People v. Everhart, 2025 IL App (1st) 231255-U (Ill. App. Ct. 2025).
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