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However, there is a close-in-age exception that allows for a 4 year age gap as long as the minor is older than Some jurisdictions also specify a minimum difference in age in order for the offense to be applicable. History of Illinois laws[ edit ] Bill was introduced in to decriminalize sexual relationships between children 13—16 years old and those fewer than five years older, but the bill failed to pass.
A person shall not be convicted of any offense defined in this article of which lack of consent is an element but results solely from incapacity to consent because of the victim's mental defect, or mental incapacity, or an attempt to commit the same, solely on the testimony of the victim, unsupported by other evidence tending to: Under certain aggravating circumstances, the crime becomes a Class A felony. He or she engages in oral sexual conduct or anal sexual conduct with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.
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