In Missouri and Illinois, prosecutors can charge an individual with sexual abuse if they are accused of engaging in unwanted sexual contact or conduct with another person. While not as severe a sex crime charge as rape or sexual assault, a sexual abuse conviction can still lead to multiple years in state prison and mandatory registry as a sex offender.
For these reasons, it’s important to work with an experienced sexual abuse defense attorney, like those at Frank & Juengel Law Group P.C. Contact our law firm today at (314) 725-7777 for a free phone consultation about your case. We’ll review the details, explain the charges and penalties, and answer any questions you have about the legal process.
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In Missouri, there are two degrees of sexual abuse charges you could face, depending on the circumstances of the case. Regardless of which charges you face, a conviction can lead to a requirement that you register as a sex offender with the state. The other criminal penalties you could face depend on various factors, including the degree of the offense and any aggravating circumstances.
Under RSMo 566.101, an individual commits sexual abuse in the second degree if they purposely have sexual contact with another person without their consent.
If the sexual abuse is charged as a class B felony, the courts can designate the offender as a “predatory sexual offender” under RSMo 566.125. This designation can lead to heightened penalties, including imprisonment for life with eligibility for parole.
Like Missouri, Illinois has two degrees of sexual abuse charges you could face. However, the difference between the charges in Illinois depends on aggravating factors. Regardless of which sexual abuse charge you face, the state will require that you register as a sex offender in addition to any other legal penalties you receive.
According to 720 ILCS 5/11-1.50, there are a few distinct cases that fall under criminal sexual abuse.
First, an individual commits criminal sexual abuse if they engage in sexual conduct with another person through the use or threat of force or engage in sexual conduct with a person who is unable to understand the act and give consent. This is a Class 4 felony that could result in one to three years in prison.
Second, criminal sexual abuse is a Class A misdemeanor if an individual who is younger than 17 commits an act of sexual penetration or conduct with a person who is between nine and 16 years old. It is also a Class A misdemeanor if an individual who is less than five years older than the victim commits an act of sexual penetration or conduct with a person between 13 and 16 years old. Class A misdemeanors can result in up to one year of imprisonment.
If an individual already has a prior conviction of criminal sexual abuse or a related offense, any subsequent criminal sexual abuse conviction is a Class 2 felony that can result in three to seven years in prison.
Under 720 ILCS 5/11-1.60, an individual commits aggravated criminal sexual abuse if they commit criminal sexual abuse and at least one aggravating factor is present:
