Illinois Romeo and Juliet Law: Age of Consent, Close-in-Age Rules, and Penalties

1. Does Illinois Have a Romeo and Juliet Law?

Illinois has an age-gap element built into 720 ILCS 5/11-1.50(b) — criminal sexual abuse is a Class 4 felony when the victim is 13-16 and the accused is less than 5 years older. The same conduct with a gap of 5+ years escalates to aggravated criminal sexual abuse under 5/11-1.60 (Class 2 felony). The Class 4 vs. Class 2 distinction is Illinois's functional Romeo and Juliet provision — it does not decriminalize the conduct, but it changes the felony class and the registration consequence.

2. Age of Consent in Illinois

The age of consent in Illinois is 17. Sexual conduct with a victim 13-16 falls under 5/11-1.50 (criminal sexual abuse) or 5/11-1.60 (aggravated criminal sexual abuse) depending on the gap. Sexual conduct with a victim under 13 is predatory criminal sexual assault under 5/11-1.40 — a Class X felony with 6-60 years prison and mandatory lifetime registration.

3. Close-in-Age Exception Explained

Under 720 ILCS 5/11-1.50(b), criminal sexual abuse with a victim 13-16 by an accused under 17 is a Class A misdemeanor; the same conduct by an accused 17+ but less than 5 years older is a Class 4 felony; and the same conduct by an accused 5+ years older becomes aggravated criminal sexual abuse (Class 2 felony) under 5/11-1.60. The 5-year line is the most consequential threshold — it doubles felony class and adds registration burden.

4. Legal Age Gap Rules

Illinois's age-gap thresholds: victim under 13, any accused — predatory criminal sexual assault (Class X, 6-60 years); victim 13-16, accused 5+ years older — aggravated criminal sexual abuse (Class 2, 3-7 years); victim 13-16, accused 17+ but less than 5 years older — criminal sexual abuse (Class 4 felony, 1-3 years); victim 13-16, accused under 17 — Class A misdemeanor; victim 17, no statute absent aggravating factors.

5. What Is Not Protected?

Illinois's age-gap framework does not protect:

• Any sexual contact with a victim under 13 — 5/11-1.40 predatory criminal sexual assault (Class X, 6-60 years)
• Accused 5+ years older than a 13-16 victim — 5/11-1.60 aggravated criminal sexual abuse (Class 2)
• Family member (regardless of age gap) — 5/11-1.50(b)(2) (Class 3 felony)
• Conduct involving force, threats, drugs, or unconsciousness — 5/11-1.20 criminal sexual assault (Class 1 felony)
• Production, possession, or distribution of explicit images of anyone under 18 — 5/11-20.1 child pornography

6. Examples

7. Possible Penalties

Illinois felony classes drive sentencing under 730 ILCS 5/5-4.5, with Class X being the most serious (6-30 years presumptive, up to 60 with enhancements) and Class 4 being the least serious felony tier (1-3 years).

8. Sex Offender Registration Risk

Illinois's Sex Offender Registration Act under 730 ILCS 150/ requires either 10-year or lifetime registration depending on the offense. Most criminal-sexual-abuse felony convictions trigger 10-year registration; predatory-criminal-sexual-assault and aggravating offenses trigger lifetime registration. Illinois also has the Sex Offender Community Notification Law under 730 ILCS 152/, and registrants face residency restrictions near schools and parks. Removal petitions are available for some 10-year registrants after the period expires, but lifetime registrants have very limited removal options.

9. Official Statute Sources

Primary Illinois statutes and official government resources cited in this guide:

• 720 ILCS 5/11-1.50 — Criminal sexual abuse
  720 Ill. Comp. Stat. 5/11-1.50
  View official source
• 720 ILCS 5/11-1.60 — Aggravated criminal sexual abuse
  720 Ill. Comp. Stat. 5/11-1.60
  View official source
• 730 ILCS 150/ — Sex Offender Registration Act
  730 Ill. Comp. Stat. 150/
  View official source
• Illinois State Police — Sex Offender Registry
  ISP Sex Offender Registry
  View official source

10. When to Talk to a Lawyer

Illinois's distinction between Class 4 (criminal sexual abuse) and Class 2 (aggravated criminal sexual abuse) often turns on a few days of age difference. An Illinois criminal-defense attorney can challenge the charging level, negotiate to keep felony exposure at the lower tier, and pursue removal from the registry once the 10-year period expires. Pre-charge consultation is especially important in cases involving high-school relationships.