Gavin Howe
In Illinois, the age of consent for sexual activity is 17 years old. While the state does not have a specific Romeo and Juliet law, it does have some exemptions for consensual sexual relationships between minors who are close in age. These close-in-age defences only apply in certain situations with a three-year or less age gap. In Illinois, criminal sexual abuse between a 13-16 year old and a defendant less than five years older is considered a misdemeanour, while the same act with a 17-year-old defendant is a felony.
| Characteristics | Values |
|---|---|
| Age of consent in Illinois | 17 years old |
| Age gap for Romeo and Juliet law to apply | 3 years or less |
| Criminal sexual abuse charge | If the victim is 13-16 years old and the defendant is less than 5 years older |
| Aggravated criminal sexual abuse charge | If the victim is 13-17 years old and the defendant is less than 3 years older |
| Romeo and Juliet law in neighbouring states | Iowa – 4-year age gap defence; Indiana – defences for victims aged 14-16 with age gaps up to 5 years; Wisconsin – defences for victims aged 14-15 with 3-year age gaps |
| Romeo and Juliet law for older teens | If the defendant is between 17 and 22 years old and within 5 years of age of their partner |
What You'll Learn
Illinois' Romeo and Juliet law is limited
In Illinois, the age of consent for sexual activity is 17 years old. This means anyone 17 or older can legally consent to sex. However, Illinois also has exemptions for consensual sexual relationships between minors who are close in age, commonly known as "Romeo and Juliet laws".
Illinois' Romeo and Juliet laws are limited compared to many other states. The close-in-age defenses only apply in certain situations with a 3-year or less age gap. There is no defense for victims under 13 years old, and the maximum age gap is 3-5 years. The provisions only apply to certain charges, and prosecutors can still bring charges.
Illinois has two relevant laws that provide limited defenses for consensual underage sex:
- Criminal Sexual Abuse: This applies if the victim is 13-16 years old and the defendant is less than 5 years older.
- Aggravated Criminal Sexual Abuse: This applies if the victim is 13-17 years old and the defendant is less than 3 years older.
In practice, Illinois' Romeo and Juliet laws give prosecutors some discretion over charges for underage consensual relationships. For example, a 14-year-old with an 18-year-old could potentially avoid charges, but a 13-year-old with a 16-year-old likely would be charged.
There are arguments for and against Romeo and Juliet laws. Supporters argue that they avoid unfair punishment for teen relationships and acknowledge the reality that minors often have sex. Opponents argue that they allow older teens to exploit younger ones and can make it difficult to determine if consent is voluntary.
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The age of consent in Illinois is 17
In Illinois, the age of consent for sexual activity is 17 years old. This means anyone 17 or older can legally consent to sex. However, Illinois law considers "consent" a legal term, not a factual one. Therefore, even if a person under 17 voluntarily engages in sexual activity, the law considers them unable to give knowing consent.
Illinois also has some exemptions for consensual sexual relationships between minors who are close in age, commonly known as "Romeo and Juliet" laws. These laws aim to reduce the consequences for teenagers in consensual sexual relationships where one partner is a legal adult. However, Illinois' Romeo and Juliet laws are limited compared to other states, only applying in certain situations with a 3-year or less age gap.
Romeo and Juliet laws are named after Shakespeare's tragic young lovers and are intended to avoid criminalising underage couples who willingly engage in sexual relationships. While most states have adopted some form of Romeo and Juliet laws, Illinois' provisions are relatively narrow.
In Illinois, there are two relevant laws that provide limited defences for consensual underage sex:
- Criminal sexual abuse—applies if the victim is 13-16 years old and the defendant is less than 5 years older.
- Aggravated criminal sexual abuse—applies if the victim is 13-17 years old and the defendant is less than 3 years older.
These defences do not apply if the defendant is more than 3-5 years older than the victim, and prosecutors can still bring charges. Illinois' Romeo and Juliet laws give prosecutors discretion over charges for underage consensual relationships.
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Criminal sexual abuse
In Illinois, the age of consent for sexual activity is 17 years old. Criminal sexual abuse is a law referring to sexual conduct which includes acts such as fondling or touching for the purpose of sexual gratification. This is a Class A misdemeanour, punishable by up to 12 months in prison and fines of up to $2,500.
- A victim who is at least 9 years old but younger than 17 and a defendant younger than 17
- A victim who is at least 13 years old but younger than 17 and a defendant who is less than 5 years older than the victim
Illinois adopted its "Romeo and Juliet" law in 2011. The law says that if one of the partners is under 17 but both are within 5 years of age of each other, then it doesn't matter if it was just "touching or fondling" or if it went to sexual penetration. In these cases, the crime drops from a felony to a misdemeanour.
In Illinois, there is a limited exception for criminal sexual abuse under Romeo and Juliet standards. The conduct itself is still illegal, but reduced time in prison and smaller fines can result.
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Aggravated criminal sexual abuse
In Illinois, aggravated criminal sexual abuse occurs when there is criminal sexual abuse through sexual conduct that uses the threat of force or force, or the victim is known to lack the capacity to give consent. It is also perpetrated if the offender is over 17 and in a position of authority over the victim.
In Illinois, the age of consent is 17. This means that anyone under the age of 17 is legally unable to consent to sex, even if the act is voluntary. Having sex with someone under the age of 17 is considered a sex crime.
Illinois does have some exemptions for consensual sexual relationships between minors who are close in age, commonly known as "Romeo and Juliet" laws. However, these laws are fairly limited compared to many other states, and only apply in certain situations with a 3-year or less age gap.
The "Romeo and Juliet" provisions in Illinois provide limited defences for consensual underage sex. For example, if the victim is 13-17 years old and the defendant is less than 3 years older, aggravated criminal sexual abuse charges may apply instead of criminal sexual abuse charges.
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Romeo and Juliet laws in other states
Romeo and Juliet laws, also known as close-in-age exemptions, are legal provisions designed to protect individuals from being classified as sex offenders for engaging in consensual sexual activities with minors close to their own age. These laws are in place to avoid criminalizing underage couples who willingly engage in sexual relationships.
While Illinois does have some exemptions for consensual sexual relationships between minors who are close in age, its Romeo and Juliet laws are more limited compared to many other states. The close-in-age defences only apply in certain situations with a 3-year or less age gap.
Texas
In Texas, the age of consent is 17 years old. The state's Romeo and Juliet law allows an age gap of 3 years in the event one party has reached the age of majority. The older individual must not be a registered sex offender at the time of the act.
California
California's Romeo and Juliet law allows for a close-in-age exemption if the age difference between the two individuals is no more than three years.
Indiana
Indiana's Romeo and Juliet law decriminalizes consensual sex between adolescents if they are found by a court to be in a "dating relationship" with an age difference of four years or less.
Michigan
Michigan's Romeo and Juliet law does not make it legal for a person below the age of consent to have sex with a slightly older person. However, it may exempt the older partner from sex offender registration.
Iowa
Iowa's Romeo and Juliet law provides a 4-year age gap defence regardless of the ages of the individuals involved.
Wisconsin
Wisconsin's Romeo and Juliet law provides defences for victims aged 14-15 with a 3-year age gap.
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Frequently asked questions
The age of consent in Illinois is 17 years old. This means anyone under the age of 17 cannot legally consent to sex and having sex with someone under 17 is considered a sex crime.
The "Romeo and Juliet" law is an exception to the age of consent in some states. It protects young people from criminal charges for engaging in consensual sexual conduct with others close to their age.
Although Illinois does not explicitly state a "Romeo and Juliet" exception, its courts have been known to give more lenient sentences to those who might fall within these exceptions. However, individuals in this situation still face the same penalties as other sex crime offenders and may be required to register as sex offenders.
