In Illinois, the legal age of consent for any type of sexual activity is typically 17 years old. This means that anyone younger than 17 years of age cannot lawfully consent to any type of sex act involving sexual conduct. Sexual conduct is defined as the touching of any sex organ of another. Voluntary sexual activity with someone younger than 17 is not considered consensual sexual activity under Illinois law. It is important to note that consent is a legal term, not a factual term, at this age.
It is illegal in Illinois for a person 18 or older to commit sexual acts on a person under the age of 18 if they have a position of authority or trust over the victim. For example, an 18-year-old high school senior having sexual relations with a 16-year-old high school junior could be found guilty of criminal sexual abuse.
If a person under 17 years of age commits a sexual act with someone over the age of 13, and the person is less than 5 years older than the minor, they are guilty of criminal sexual abuse, even if both participants believed the sex was consensual. The older partner could also be required to register as a sex offender.
It is important to note that close-in-age exemptions, often referred to as “Romeo and Juliet laws,” do not exist in Illinois Age of Consent law. This means that even if two people are both under the age of consent, they can still be subject to statutory rape charges.
In summary, the legal age of consent for any type of sexual activity in Illinois is typically 17 years old. Anyone younger than 17 years of age cannot lawfully consent to any type of sex act involving sexual conduct.