Statutory Rape: Illinois Age of Consent

 Posted on January 29, 2025 in Sex Crimes

Most of us had Shakespeare’s Romeo and Juliet on our reading list in high school. The storyline is about two children who fall in love. Their families are bitter enemies, creating a forbidden love scenario, and the two turn to drastic measures to be together. Unfortunately, severe miscommunication leads both characters’ storylines to end in tragic demise.

How does this have anything to do with statutory rape laws in Illinois? "Romeo and Juliet" laws are named after these two iconic teens and determine if sexual intercourse between two consenting individuals is legal or illegal. If you have been accused of statutory rape, understand that you could face severe consequences, both under federal and state law. Call an Illinois criminal defense attorney now.

What Exactly is Statutory Rape?

Statutory rape is the term commonly used to describe illegal behavior that varies from forcible rape and other forms of coerced intercourse to behavior that would otherwise be legal if both parties were old enough to consent. Usually, it is used in the context of older adults having sexual relationships with minors, and although every state criminalizes this behavior, most states do not use the term "statutory rape." 

In Illinois, the age of consent is 17. However, federal law prohibits any sexual act with anyone between the ages of 12 and 16 if the age gap is four years or more, regardless of consent.

Penalties for Statutory Rape in Illinois

The most common convictions for statutory rape are under Illinois’ Criminal Sexual Abuse law and involve older adults with younger minors. Charges can be elevated to aggravated criminal sexual abuse if the alleged victim is aged 13 to 16 and the alleged offender is more than five years older, or if someone over age 17 engages in sexual conduct with someone aged nine to 16.

Criminal sexual abuse is a Class A misdemeanor for a first conviction and a Class 2 felony for a second or subsequent conviction. Class A misdemeanors in Illinois allow up to a year in jail and up to $2,500 in fines. Class 2 felonies allow between three and seven years in prison and up to $25,000 in fines.

"Romeo and Juliet" Exemptions

Close-in-age exemptions, also known as "Romeo and Juliet" laws, create lighter punishments or total exemptions to situations in which both consenting individuals are under the age of consent, or they are both very close in age. These laws, however, are not available in all states. In Illinois, there is no law exempting sexual contact between minors under age 17. If both children are underaged, they may each face statutory rape charges, although this is unusual.

When Is Statutory Rape a Federal Crime?

Federal sex crimes are very common in the age of ubiquitous internet and cell phone use. Statutory rape becomes a federal crime when it involves crossing state or international borders for sexual activity with a minor. Additionally, under federal law, it is illegal to engage in sexual acts with anyone between the ages of 12 and 16 if the offender is four or more years older, regardless of consent.

Federal charges may also apply in cases involving child trafficking, exploitation, or the use of the internet or interstate communication to solicit sexual activity with a minor.

Federal penalties for statutory rape are often severe, allowing decades in prison and mandatory sex offender registration.

Contact an Illinois Federal Criminal Defense Attorney 

A conviction has the possibility of inflicting long-term penalties on someone accused of statutory rape. If you would like to discuss the options of your case with a proven and experienced Chicago, IL child sex crime defense attorney, contact the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney today. Call 312-629-0669 to schedule a free and confidential initial consultation today.