Governor JB Pritzker recently signed House Bill 1975, also called “Faith’s Law,” into law. The law, named after Faith Colson, who experienced sexual abuse as a student, expands the definition of grooming and requires schools to put in additional safeguards to prevent sexual abuse of students.
Faith’s Law Will Expand the Definition of Grooming
Faith’s law expands the definition of grooming in the Illinois criminal code. Under Faith’s law, grooming occurs when a person knowingly uses a computer, the internet, a local bulletin board, or any other electronic data storage or transmission to seduce, lure, solicit, or entice, or attempt to do any of those things to a child to commit a sex offense. For the purposes of Faith’s Law, a child means a person under the age of 17.
Additionally, a defendant can be convicted under Faith’s law for seducing a child’s guardian or a person believed to be a child’s guardian to commit any sex offenses. Defendants can be convicted of grooming for seducing a child to commit any offense under Section 2 of the Illinois Sex Offender Registration Act. Faith’s Law also makes distributing photographs depicting the sex organs of a child or otherwise engaging in any unlawful sexual conduct with a child as grooming.
Finally, the law includes trying to seduce a child’s guardian to groom the child as an act of grooming. By expanding the definition of grooming to sexual acts that are performed in-person, through written communication, or through a third party, not just grooming done online, the law closes a proper loophole.
The Penalties for Grooming Under Faith’s Law
The penalties for being convicted of grooming are serious in Illinois. Grooming is considered a class 4 felony. In Illinois, class four felonies are punishable by a minimum term of imprisonment of one year with a maximum term of up to three years. The defendant may be able to seek probation instead of jail time with the representation of a skilled criminal defense attorney. However, in many cases, prosecutors bring grooming charges and other charges such as child abuse or sexual assault.
Other Changes Made Under Faith’s Law
Faith’s law also increases resources for sexual abuse survivors and their families. The law requires Illinois school districts to develop a code of conduct related to sexual misconduct. Educators must review the employment history of staff to look for any prior incidents of sexual abuse and increase their sexual abuse training for educators. Any violation of the school’s sexual abuse policy must result in disciplinary action, including termination of their employment.
Have You Been Charged With Grooming? You Need an Experienced Attorney
At Glasgow & Olsson, our award-winning criminal defense lawyers have a proven track record of success in many high-profile state and federal criminal cases. Contact Glasgow & Olsson today to schedule your initial consultation to learn how our legal team can fight for your rights if you’ve been charged with a crime.