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Illinois Compiled Statutes

720 ILCS 5/11-1.40 (2026)

Predatory criminal sexual assault of a child

✓ current as of May 2026
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(720 ILCS 5/11-1.40) (was 720 ILCS 5/12-14.1)
    Sec. 11-1.40. Predatory criminal sexual assault of a child.
    (a) A person commits predatory criminal sexual assault of a child if that person is 17 years of age or older, and commits an act of contact, however slight, between the sex organ or anus of one person and the part of the body of another for the purpose of sexual gratification or arousal of the victim or the accused, or an act of sexual penetration, and:
        (1) the victim is under 13 years of age; or
        (2) the victim is under 13 years of age and that
    
person:
            (A) is armed with a firearm;
            (B) personally discharges a firearm during the
        
commission of the offense;
            (C) causes great bodily harm to the victim that:
                (i) results in permanent disability; or
                (ii) is life threatening; or
            (D) 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.
    (b) Sentence.
        (1) A person convicted of a violation of subsection
    
(a)(1) commits a Class X felony, for which the person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years. A person convicted of a violation of subsection (a)(2)(A) commits a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A person convicted of a violation of subsection (a)(2)(B) commits a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. 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 violation of subsection (a)(2)(C) commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 50 years or up to a term of natural life imprisonment. An offender under the age of 18 years at the time of the commission of predatory criminal sexual assault of a child in violation of subsections (a)(1), (a)(2)(A), (a)(2)(B), and (a)(2)(C) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
        (1.1) A person convicted of a violation of subsection
    
(a)(2)(D) commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 50 years and not more than 60 years. An offender under the age of 18 years at the time of the commission of predatory criminal sexual assault of a child in violation of subsection (a)(2)(D) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
        (1.2) A person who has attained the age of 18 years
    
at the time of the commission of the offense and convicted of predatory criminal sexual assault of a child committed against 2 or more persons regardless of whether the offenses occurred as the result of the same act or of several related or unrelated acts shall be sentenced to a term of natural life imprisonment and an offender under the age of 18 years at the time of the commission of the offense 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 predatory criminal sexual assault of a child, or who is convicted of the offense of predatory criminal sexual assault of a child after having previously been convicted of the offense of criminal sexual assault or the offense of aggravated criminal sexual assault, or who is convicted of the offense of predatory criminal sexual assault of a child 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 predatory criminal sexual assault of a child, the offense of aggravated criminal sexual assault or the offense of criminal sexual assault, 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. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14; 98-903, eff. 8-15-14; 99-69, eff. 1-1-16.)

    
Notes of Decisions
Cited in 443 cases (320 in the last 5 years), 2012–2026 · leading case: People v. Parlier, 2023 IL App (4th) 220091 (Ill. App. Ct. 2023).
Sort: Relevance Newest Treatment
People v. Parlier, 2023 IL App (4th) 220091 (Ill. App. Ct. 2023). · cites it 7× “The remaining 10 counts, counts XXIX through -5- XXXVIII, alleged that from April 15, 2012, through April 15, 2016, defendant committed offenses of predatory criminal sexual assault of a child (720 ILCS 5/11-1.40(a)(1) (West 2012); 720 ILCS 5/11-1.”
People v. Pope, 2020 IL App (4th) 180773 (Ill. App. Ct. 2020). · cites it 2× “60(b)), and two additional counts of predatory criminal sexual assault of a child (id.”
People v. Walker, 2021 IL App (4th) 190073 (Ill. App. Ct. 2021). · cites it 2× “40(a)(1) of the Criminal Code of 2012 (720 ILCS 5/11-1.40(a)(1) (West 2014)) as nonprobationable Class X felonies, punishable by 6 to 60 years’ incarceration (720 ILCS 5/11-1.”
People v. Schoonover, 2021 IL 124832 (Ill. 2021). · cites it 2× “Section 115-11 states, “In a prosecution for [certain sex offenses, including predatory criminal sexual assault of a child (720 ILCS 5/11-1.40 (West 2014))], where the alleged victim of the offense is a minor under 18 years of age, the court may exclude from the proceedings…”
People v. Janusz, 2020 IL App (2d) 190017 (Ill. App. Ct. 2020). · cites it 2× “The Criminal Code defines sexual penetration as: “[A]ny contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal…”
People v. Kidd, 2022 IL 127904 (Ill. 2022). · cites it 4× “) 720 ILCS 5/11-1.40 (West 2016). ¶ 42 The majority correctly construes this statute as providing for a conviction of the offense in one of two ways: (1) if the prosecution pleads and proves an act of sexual penetration, the trier of fact can convict the defendant without the…”
People v. Darr, 2018 IL App (3d) 150562 (Ill. App. Ct. 2018). · cites it 3× “¶ 2 FACTS ¶ 3 In a bill of indictment filed April 17, 2014, the State charged defendant with three counts of predatory criminal sexual assault of a child (counts I to III) ( 720 ILCS 5/11-1.40(a)(1) (West 2014)) and three counts of criminal sexual assault (id.”
People v. Jones, 2018 IL App (1st) 151307 (Ill. App. Ct. 2018). · cites it 5× “¶ 42 Defendant asks this court to reduce his offense from predatory criminal sexual assault of a child (720 ILCS 5/11-1.40(a) (West 2010)) to the Class A misdemeanor of criminal sexual abuse (720 ILCS 5/11-1.”
People v. Risper, 2020 IL App (1st) 160707 (Ill. App. Ct. 2020). · cites it 4× “On appeal, defendant contends that the trial court erred in barring the lay opinion testimony of the victim’s mother that the victim was coached and further that, in light of the abolition of the No.”
People v. Williams, 2022 IL 126918 (Ill. 2022). “1(a)(1) (West 2004) (now codified at 720 ILCS 5/11-1.40(a)(1)). That statute required the State to prove that the defendant was over 17 years old and committed “an act of contact, however slight, between the sex organ or anus of one person and the part of the body of another for…”
People v. Boots, 2022 IL App (2d) 200640 (Ill. App. Ct. 2022). · cites it 2× “OPINION ¶1 Following a bench trial, the defendant, 1 James Boots, was convicted of predatory criminal sexual assault of a child (720 ILCS 5/11-1.40(a)(1) (West 2016)) and sentenced to 11 years’ imprisonment.”
People v. Coty, 2020 IL 123972 (Ill. 2020). “July 1, 2011) (recodifying 720 ILCS 5/11-1.40(b)(2))) and became effective July 1, 2011.”
Show all 443 citing cases →
— 720 ILCS 5/11-1.40(1) — 1 case
People v. Hinthorn, 2025 IL App (4th) 240569-U (Ill. App. Ct. 2025).
— 720 ILCS 5/11-1.40(A)(1) — 1 case
People v. Boston, 2021 IL App (1st) 181822-U (Ill. App. Ct. 2021).
— 720 ILCS 5/11-1.40(a) — 16 cases
People v. Janusz, 2020 IL App (2d) 190017 (Ill. App. Ct. 2020). “The Criminal Code defines sexual penetration as: “[A]ny contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal…”
People v. Jones, 2018 IL App (1st) 151307 (Ill. App. Ct. 2018). “¶ 42 Defendant asks this court to reduce his offense from predatory criminal sexual assault of a child (720 ILCS 5/11-1.40(a) (West 2010)) to the Class A misdemeanor of criminal sexual abuse (720 ILCS 5/11-1.”
People v. Carpenter, 2024 IL App (1st) 240037 (Ill. App. Ct. 2024).
People v. Jones, 2018 IL App (1st) 151307 (Ill. App. Ct. 2018).
People v. Hobbs, 2022 IL App (4th) 210471-U (Ill. App. Ct. 2022).
— 720 ILCS 5/11-1.40(a)(1) — 383 cases
People v. Parlier, 2023 IL App (4th) 220091 (Ill. App. Ct. 2023). “The remaining 10 counts, counts XXIX through -5- XXXVIII, alleged that from April 15, 2012, through April 15, 2016, defendant committed offenses of predatory criminal sexual assault of a child (720 ILCS 5/11-1.40(a)(1) (West 2012); 720 ILCS 5/11-1.”
People v. Pope, 2020 IL App (4th) 180773 (Ill. App. Ct. 2020). “60(b)), and two additional counts of predatory criminal sexual assault of a child (id.”
People v. Darr, 2018 IL App (3d) 150562 (Ill. App. Ct. 2018). “¶ 2 FACTS ¶ 3 In a bill of indictment filed April 17, 2014, the State charged defendant with three counts of predatory criminal sexual assault of a child (counts I to III) ( 720 ILCS 5/11-1.40(a)(1) (West 2014)) and three counts of criminal sexual assault (id.”
People v. Williams, 2022 IL 126918 (Ill. 2022). “1(a)(1) (West 2004) (now codified at 720 ILCS 5/11-1.40(a)(1)). That statute required the State to prove that the defendant was over 17 years old and committed “an act of contact, however slight, between the sex organ or anus of one person and the part of the body of another for…”
People v. Johanson, 2023 IL App (2d) 210690 (Ill. App. Ct. 2023).
— 720 ILCS 5/11-1.40(a)(2) — 1 case
People v. Dugar, 2021 IL App (2d) 190656-U (Ill. App. Ct. 2021).
— 720 ILCS 5/11-1.40(a)(I) — 1 case
People v. Sanchez, 2021 IL App (2d) 190482-U (Ill. App. Ct. 2021).
— 720 ILCS 5/11-1.40(b) — 15 cases
People v. Wilson, 2015 IL App (4th) 130512 (Ill. App. Ct. 2016).
People v. Filipiak, 2023 IL App (3d) 220024 (Ill. App. Ct. 2023).
People v. Dryer, 2021 IL App (2d) 190187 (Ill. App. Ct. 2021).
People v. Oats, 2013 IL App (5th) 110556 (Ill. App. Ct. 2013).
People v. Wilhelm, 2020 IL App (4th) 170008-U (Ill. App. Ct. 2020).
— 720 ILCS 5/11-1.40(b)(1) — 36 cases
People v. Walker, 2021 IL App (4th) 190073 (Ill. App. Ct. 2021). “40(a)(1) of the Criminal Code of 2012 (720 ILCS 5/11-1.40(a)(1) (West 2014)) as nonprobationable Class X felonies, punishable by 6 to 60 years’ incarceration (720 ILCS 5/11-1.”
People v. Jones, 2018 IL App (1st) 151307 (Ill. App. Ct. 2018). “¶ 42 Defendant asks this court to reduce his offense from predatory criminal sexual assault of a child (720 ILCS 5/11-1.40(a) (West 2010)) to the Class A misdemeanor of criminal sexual abuse (720 ILCS 5/11-1.”
People v. Jones, 2018 IL App (1st) 151307 (Ill. App. Ct. 2018).
People v. Boots, 2022 IL App (2d) 200640 (Ill. App. Ct. 2022). “OPINION ¶1 Following a bench trial, the defendant, 1 James Boots, was convicted of predatory criminal sexual assault of a child (720 ILCS 5/11-1.40(a)(1) (West 2016)) and sentenced to 11 years’ imprisonment.”
People v. Pepitone, 2018 IL 122034 (Ill. 2018).
— 720 ILCS 5/11-1.40(b)(2) — 13 cases
People v. Risper, 2020 IL App (1st) 160707 (Ill. App. Ct. 2020). “On appeal, defendant contends that the trial court erred in barring the lay opinion testimony of the victim’s mother that the victim was coached and further that, in light of the abolition of the No.”
People v. Coty, 2020 IL 123972 (Ill. 2020). “July 1, 2011) (recodifying 720 ILCS 5/11-1.40(b)(2))) and became effective July 1, 2011.”
People v. Rhoades, 2018 IL App (4th) 160457 (Ill. App. Ct. 2018).
People v. Coty, 2018 IL App (1st) 162383 (Ill. App. Ct. 2018).
People v. Rhoades, 2018 IL App (4th) 160457 (Ill. App. Ct. 2019).
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