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Illinois Compiled Statutes

720 ILCS 5/12-17 (2026)

(Renumbered)

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(720 ILCS 5/12-17) (from Ch. 38, par. 12-17)
    (This Section was renumbered as Section 11-1.70 by P.A. 96-1551.)
    Sec. 12-17. (Renumbered).
(Source: P.A. 93-389, eff. 7-25-03. Renumbered by P.A. 96-1551, eff. 7-1-11.)

    
Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1997–2022 · leading case: People v. Denbo, 868 N.E.2d 347 (Ill. App. Ct. 4th Dist. 2007).
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People v. Denbo, 868 N.E.2d 347 (Ill. App. Ct. 4th Dist. 2007). · cites it 6× “Laws 2872 , 2872-73)), adding subsection (c) to section 12-17 of the Code (720 ILCS 5/12-17 (West 2004)). Section 12-17 is entitled "Defenses," and (as we have discussed) subsection (a) provides that consent is a defense to criminal sexual assault and to other sex crimes in…”
People v. Santos, 813 N.E.2d 159 (Ill. 2004). · cites it 2× “In the matter before us, defendant raises the affirmative defense, available to him pursuant to section 12-17(b) of the Criminal Code of 1961 (720 ILCS 5/12-17(b) ( West 1998 )), that he reasonably believed T.”
Srivenugopala Gattem v. Alberto R. Gonzales, 1, 412 F.3d 758 (7th Cir. 2005). · cites it 2× “" 720 ILCS 5/12-17(b). What we have here is not a sex act but merely a solicitation, and as far as appears Gattem had no idea he was soliciting a minor.”
People v. Lloyd, 2013 IL 113510, 987 N.E.2d 386. “This determination cannot be a result of the victim’s legal age, alone, because under our statutory framework all 13-year-olds such as the minor victim here are viewed identically as being 2 See 720 ILCS 5/12-17(b) (West 2008) (where it shall be a defense under certain…”
People v. Jones, 676 N.E.2d 646 (Ill. 1997). “At trial, defense counsel tendered, and the trial court refused, the following instruction: "It is a defense to the charge of aggravated criminal sexual abuse that the defendant reasonably believed [D.”
People v. Mpulamasaka, 2016 IL App (2d) 130703. · cites it 3× “720 ILCS 5/12-17 (West 2010). In Illinois, “force or threat of - 34 - 2016 IL App (2d) 130703 force” means “the use of force or violence, or the threat of force or violence, including but not limited to the following situations: (1) when the accused threatens to use force or…”
Loyd v. State, 705 S.E.2d 616 (Ga. 2011). “See 720 ILCS 5/12-17 (a), formerly known as Ill.”
People v. Kinney, 691 N.E.2d 867 (Ill. App. Ct. 4th Dist. 1998). · cites it 2× “63A (taken from 720 ILCS 5/12-17(a) (West 1994)). (4) The definitional instruction on "force or threat of force" provided: "The term `force or threat of force' means the use of force or violence or the threat of force or violence including, but not limited to when the accused…”
People v. Mpulamasaka, 2016 IL App (2d) 130703, 48 N.E.3d 853. · cites it 3× “720 ILCS 5/12-17 (West 2010). In Illinois, “force or threat of force” means “the use of force or violence, or the threat of force or violence, including but not limited to the following situations: (1) when the accused threatens to use force or violence on - 34 - 2016 IL App…”
People v. Brown, 2013 IL App (2d) 110303, 985 N.E.2d 582. “400 , 403 (1984)); see also 720 ILCS 5/12-17(a) (West 2008) (definition of consent where force or threat of force is an element of the offense).”
People v. Uptain, 816 N.E.2d 797 (Ill. App. Ct. 4th Dist. 2004). “2000) (hereinafter IPI Criminal 4th), which instructs the jury it is a defense to the crime charged that defendant reasonably believed S.”
People v. Gashi, 2015 IL App (3d) 130064. “” 720 ILCS 5/12-17 (West 2010). ¶ 38 Here, both M.”
Show all 19 citing cases →
720 ILCS 5/12-17(a): 5 cases
People v. Denbo, 868 N.E.2d 347 (Ill. App. Ct. 4th Dist. 2007). “Laws 2872 , 2872-73)), adding subsection (c) to section 12-17 of the Code (720 ILCS 5/12-17 (West 2004)). Section 12-17 is entitled "Defenses," and (as we have discussed) subsection (a) provides that consent is a defense to criminal sexual assault and to other sex crimes in…”
People v. Kinney, 691 N.E.2d 867 (Ill. App. Ct. 4th Dist. 1998). “63A (taken from 720 ILCS 5/12-17(a) (West 1994)). (4) The definitional instruction on "force or threat of force" provided: "The term `force or threat of force' means the use of force or violence or the threat of force or violence including, but not limited to when the accused…”
People v. Brown, 2013 IL App (2d) 110303, 985 N.E.2d 582. “400 , 403 (1984)); see also 720 ILCS 5/12-17(a) (West 2008) (definition of consent where force or threat of force is an element of the offense).”
People v. Denbo, No. 4-05-0516 Rel (Ill. App. Ct. 4th Dist. Apr. 19, 2007).
People v. Kinney, No. 4-96-0448 (Ill. App. Ct. 4th Dist. Mar. 3, 1998).
720 ILCS 5/12-17(b): 7 cases
People v. Santos, 813 N.E.2d 159 (Ill. 2004). “In the matter before us, defendant raises the affirmative defense, available to him pursuant to section 12-17(b) of the Criminal Code of 1961 (720 ILCS 5/12-17(b) ( West 1998 )), that he reasonably believed T.”
Srivenugopala Gattem v. Alberto R. Gonzales, 1, 412 F.3d 758 (7th Cir. 2005). “" 720 ILCS 5/12-17(b). What we have here is not a sex act but merely a solicitation, and as far as appears Gattem had no idea he was soliciting a minor.”
People v. Lloyd, 2013 IL 113510, 987 N.E.2d 386. “This determination cannot be a result of the victim’s legal age, alone, because under our statutory framework all 13-year-olds such as the minor victim here are viewed identically as being 2 See 720 ILCS 5/12-17(b) (West 2008) (where it shall be a defense under certain…”
People v. Jones, 676 N.E.2d 646 (Ill. 1997). “At trial, defense counsel tendered, and the trial court refused, the following instruction: "It is a defense to the charge of aggravated criminal sexual abuse that the defendant reasonably believed [D.”
People v. Uptain, 816 N.E.2d 797 (Ill. App. Ct. 4th Dist. 2004). “2000) (hereinafter IPI Criminal 4th), which instructs the jury it is a defense to the crime charged that defendant reasonably believed S.”
720 ILCS 5/12-17(c): 4 cases
People v. Denbo, 868 N.E.2d 347 (Ill. App. Ct. 4th Dist. 2007). “Laws 2872 , 2872-73)), adding subsection (c) to section 12-17 of the Code (720 ILCS 5/12-17 (West 2004)). Section 12-17 is entitled "Defenses," and (as we have discussed) subsection (a) provides that consent is a defense to criminal sexual assault and to other sex crimes in…”
People v. Mpulamasaka, 2016 IL App (2d) 130703. “720 ILCS 5/12-17 (West 2010). In Illinois, “force or threat of - 34 - 2016 IL App (2d) 130703 force” means “the use of force or violence, or the threat of force or violence, including but not limited to the following situations: (1) when the accused threatens to use force or…”
People v. Mpulamasaka, 2016 IL App (2d) 130703, 48 N.E.3d 853. “720 ILCS 5/12-17 (West 2010). In Illinois, “force or threat of force” means “the use of force or violence, or the threat of force or violence, including but not limited to the following situations: (1) when the accused threatens to use force or violence on - 34 - 2016 IL App…”
People v. Denbo, No. 4-05-0516 Rel (Ill. App. Ct. 4th Dist. Apr. 19, 2007).
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