ILCS » Chapter 740 · Act 22
Illinois Compiled Statutes

740 ILCS 22/201 (2026)

Persons protected by this Act

✓ current as of May 2026
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(740 ILCS 22/201)
    Sec. 201. Persons protected by this Act.
    (a) The following persons are protected by this Act:
        (1) any victim of non-consensual sexual conduct or
    
non-consensual sexual penetration on whose behalf the petition is brought;
        (2) any family or household member of the named
    
victim;
        (3) any employee of or volunteer at a rape crisis
    
center that is providing services to the petitioner or the petitioner's family or household member; and
        (4) any service member of the Illinois National Guard
    
or any reserve military component serving within the State who is a victim of non-consensual sexual conduct who has also received a Military Protective Order.
    (b) A petition for a civil no contact order may be filed:
        (1) by any person who is a victim of non-consensual
    
sexual conduct or non-consensual sexual penetration, including a single incident of non-consensual sexual conduct or non-consensual sexual penetration;
        (2) by a person on behalf of a minor child or an
    
adult who is a victim of non-consensual sexual conduct or non-consensual sexual penetration but, because of age, disability, health, or inaccessibility, cannot file the petition;
        (3) only after receiving consent from the victim, by
    
any family or household member of a victim of non-consensual sexual conduct or non-consensual sexual penetration, and the petition shall include a statement that the victim has consented to the family or household member filing the petition;
        (4) any service member of the Illinois National Guard
    
or any reserve military component serving within the State who is a victim of non-consensual sexual conduct who has also received a Military Protective Order; or
        (5) the Staff Judge Advocate of the Illinois National
    
Guard or any reserve military component serving within the State on behalf of a named victim who is a victim of non-consensual sexual conduct who has also received a Military Protective Order only after receiving consent from the victim, and the petition shall include a statement that the victim has consented to the Staff Judge Advocate filing the petition.
(Source: P.A. 102-198, eff. 1-1-22; 103-407, eff. 7-28-23.)

    
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2011–2023 · leading case: McClellan v. Hull, 2023 IL App (1st) 220465 (Ill. App. Ct. 2023).
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McClellan v. Hull, 2023 IL App (1st) 220465 (Ill. App. Ct. 2023). “740 ILCS 22/201(1) (West 2020). Sexual penetration means any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth or anus of another person.”
J.M. v. Breseno, 2011 IL App (1st) 91073 (Ill. App. Ct. 2011). “” 740 ILCS 22/201(1) (West 2008). “ ‘Sexual penetration’ means any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth or anus of another person.”
JM v. Briseno, 949 N.E.2d 779 (Ill. App. Ct. 2011). “Evidence of the "emission of semen is not required to prove sexual penetration" and the court "may not require physical injury on the person of the victim" in determining whether to issue a civil no-contact order.”
McBride v. Peters, 2020 IL App (3d) 180744-U (Ill. App. Ct. 2020). · cites it 2× “” 740 ILCS 22/201(b)(1) (West 2018). The statute defines “non-consensual” as “lack of freely given agreement.”
Kellerman v. Heckman, 2022 IL App (4th) 220202-U (Ill. App. Ct. 2022). “” 740 ILCS 22/201(b)(2) (West 2020). The statute defines “non-consensual” as a “lack of freely given agreement.”
— 740 ILCS 22/201(1) — 3 cases
McClellan v. Hull, 2023 IL App (1st) 220465 (Ill. App. Ct. 2023). “740 ILCS 22/201(1) (West 2020). Sexual penetration means any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth or anus of another person.”
J.M. v. Breseno, 2011 IL App (1st) 91073 (Ill. App. Ct. 2011). “” 740 ILCS 22/201(1) (West 2008). “ ‘Sexual penetration’ means any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth or anus of another person.”
JM v. Briseno, 949 N.E.2d 779 (Ill. App. Ct. 2011). “Evidence of the "emission of semen is not required to prove sexual penetration" and the court "may not require physical injury on the person of the victim" in determining whether to issue a civil no-contact order.”
— 740 ILCS 22/201(b)(1) — 1 case
McBride v. Peters, 2020 IL App (3d) 180744-U (Ill. App. Ct. 2020). “” 740 ILCS 22/201(b)(1) (West 2018). The statute defines “non-consensual” as “lack of freely given agreement.”
— 740 ILCS 22/201(b)(2) — 1 case
Kellerman v. Heckman, 2022 IL App (4th) 220202-U (Ill. App. Ct. 2022). “” 740 ILCS 22/201(b)(2) (West 2020). The statute defines “non-consensual” as a “lack of freely given agreement.”
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