Child Sexual Abuse

Terms and Definitions: Child sex offenses are classified through consideration of the type of sexual contact that occurs, age differences between perpetrator and victim, as well as the relationship between the two. In Illinois, there are two different ways in which a child can be molested - they are either fondled or penetrated. These are considered two distinct and separate crimes and are referred to as either “Sexual Conduct” or “Sexual Penetration.”

Sexual Conduct (720 ILCS 5/12-12(e)) is defined as, “…any intentional or knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.”

Sexual gratification or arousal, the last element of the crime, must be established for a successful charge. This will most likely be determined during offender and/or victim interviews. Officers should take great care to not ask leading questions when attempting to confirm this element.

Exercise: Take a moment to evaluate the following scenarios and decide if each constitutes an act of Sexual Conduct or Sexual Penetration.

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