Does Illinois Have Romeo and Juliet Laws?

Does Illinois Have Romeo and Juliet Laws? This is a question we often hear from young adults or their parents/guardians who have been accused of violating Illinois sex crime laws. Specifically, many people ask about Romeo and Juliet laws when they’ve been charged with or accused of statutory rape or are facing an age of consent criminal sex crime case.

What Is a Romeo and Juliet Law?

Romeo and Juliet laws refer to legal protections in some states that prevent young couples from being charged with severe statutory rape penalties when the involved parties are close in age to each other. Basically, it recognizes that underage teens who date and engage in consensual sexual activity with their peers, the age gap is usually within two to four years, is normal behavior and shouldn’t automatically result in felony criminal charges.

States with Romeo and Juliet laws may specifically prevent prosecutors from filing adult statutory rape charges if the age gap between partners falls under a certain range. Illinois sex crime laws don’t go by that terminology and lack a specific Romeo and Juliet statute. However, prosecutors may still consider age differences between the accuser and accused when deciding how to file charges.

How Illinois Handles These Types of Cases

The age of consent in Illinois is 17 years old. So, anybody under the age of 17 cannot legally give another person consent to have sexual intercourse or other sexual acts. However, there are different charge levels within the Illinois Criminal Code that take into account the ages of both the victim and the alleged perpetrator.

• Criminal sexual abuse (720 ILCS 5/11-1.50). A charge of criminal sexual abuse can be filed when someone over 17 engages in sexual penetration or sexual contact with someone under the age of 17. However, depending on the ages of those involved, the offense could be charged as either a misdemeanor or a felony.
• Predatory criminal sexual assault of a child. (720 ILCS 5/11-1.40). If someone over the age of 17 or older performs sexual acts on a child under the age of 13, they will likely be charged with felony predatory criminal sexual assault of a child. This is a Class X felony.

Illinois law recognizes different degrees of sexual conduct crimes based on the age of those involved. This gives leeway for prosecutors and defense attorneys to argue over what charges should be filed based on the ages of the parties involved and the conduct allegedly performed.

Local Considerations

In Illinois, 4,333 people had been arrested for sexual assault or rape as of June 30, 2024. With 14.9% of arrests, it was the second most frequent infraction; 645 more people were taken into custody for offenses involving sex.

Just as state law guides how sex crimes are charged in Illinois, federal law applies to sexual conduct that violates the US Code. In the greater Madison County and Metro East area, most sex crimes based on age differences will be heard in Madison County Court, located at 155 North Main Street, Edwardsville, IL 62025. Federal age of consent crimes may be filed in the US District Court, Eastern District of Illinois — East St. Louis Division.

Hire a Sex Crime Lawyer

If you or a loved one has been accused of a sexual offense involving age differences in Illinois, hire a sex crime lawyer as soon as possible. The sooner you retain a sex crime attorney, the sooner they can ensure your constitutional rights are protected if you’re questioned by police.

Sex crimes have serious penalties, even if the conduct was consensual and occurred between teenagers. Begin fighting for your future right away. The Law Office of Jessica Koester, LLC, can help. Contact us today to get started.