Search
Facebook Twitter Google Our Blog
The Law Offices of Christopher M. Cosley
24 HOUR ANSWERING | 847-394-3200
SERVICE

1855 Rohlwing Road, Suite D, Rolling Meadows, IL 60008

24 HOUR ANSWERING SERVICE

Archive for the ‘sex crimes’ tag

Who is Required to Register as a Sex Offender in Illinois?

November 28th, 2017 at 9:06 am

Rolling Meadows criminal defense lawyer, sex crimes, sex offender, sex offender registries, sex crime chargesA sex offender, simply put, is someone who has been convicted of, or plead guilty to, committing a sex crime (i.e. a crime involving sexual conduct or committed with a sexual motive). In the United States, many sex offenders are required to register with a local law enforcement agency due to the federal Wetterling Act.

The act requires the states to implement sex offender registries aimed at gathering information about sex offenders living within their borders, and the corresponding state laws designed to fulfill this requirement (which are each commonly referred to as “Megan’s Law,” respectively).

Registration requirements vary a bit from state to state. However, to give you an idea about the circumstances under which an individual is generally required to register as a sex offender, the registration requirements for Illinois’ sex offender registry are briefly outlined below.

Illinois’ Sex Offender Registry Requirements

Illinois’ Megan’s Law, codified in code section 730 ILCS 152/115(a) & (b), requires the Illinois State Police to maintain a Sex Offender Database identifying individuals living in the state who have been convicted of committing certain sex offenses (and some crimes against children as well). This list includes but is not limited to:

  • Criminal sexual assault,
  • Indecent solicitation of a child or an adult,
  • Sexual misconduct with a person with a disability,
  • Juvenile pimping, and
  • Public indecency (for a third or subsequent conviction).

Additionally, it is important to note that under some circumstances an individual may be required to register as a sex offender in Illinois even if he or she was not convicted or pled guilty to a qualifying sex crime in Illinois. For example, if an Illinois court found the individual not guilty by reason of insanity, if he or she was convicted of an offense in another state or in a foreign country that is substantially equivalent to a qualifying Illinois sex crime, if he or she is a minor who was adjudicated delinquent for a qualifying sex crime, or if he or she was found to be “sexually dangerous” or “sexually violent,” then that individual may be required to register as a sex offender in Illinois.

Once a Registered Sex Offender Always a Registered Sex Offender?

While some sex offenders are required under Illinois law to be registered for life (for example, offenders convicted of first degree murder) most sex offenders are only required to register for a set period of time, generally 10 years. During this period most offenders are required to re-register annually (and again when they move to a new address); however, if an offender is classified as sexually dangerous or sexually violent then he or she is required to re-register every 90 days.

Need Legal Advice? Contact a Local Criminal Defense Lawyer

If you have been accused of committing a sex crime in Illinois, it is imperative that you contact a local Rolling Meadows criminal defense lawyer without delay. A criminal defense lawyer who has experience defending clients against sex crime charges will be able to evaluate the facts of your case, outline your legal options, and recommend a course of action. At The Law Offices of Christopher M. Cosley we defend clients against a wide variety of criminal offenses (possession of child pornography, rape, sexual assault, indecent exposure, etc.) and offer prospective clients a free initial consultation.

 

Source:

https://www.law.cornell.edu/topn/jacob_wetterling_crimes_against_children_and_sexually_violent_offender_registration_act

New Program Treats Prostitutes as Victims Instead of Criminals

June 17th, 2015 at 7:41 am

Illinois sex crimes lawyer, Illinois defense attorney, Illinois criminal lawyer,Prostitution is a crime that has been handled and mishandled many ways by society over the years. During some eras it has been ignored, in other eras it has been harshly prosecuted, and in some parts of the country it has even been legalized. It is still against the law in Illinois and the people engaging in prostitution often find themselves in need of the assistance of a criminal defense attorney. Now, however, Cook County has created a new program that will treat the people engaged in prostitution, who are all too often not prostitutes of their own volition, as the victims they are, rather than treating them as criminals.

A New Cook County Program

The Chicago Tribune reports that a new court will change the way prostitution charges are handled in Cook County. This program was in part made possible by a 2013 change in the state prostitution law that required that all prostitution cases be charged as misdemeanors rather than felonies. The court will be called the “Chicago Prostitution and Trafficking Intervention Court.” Its goals are to give people working in prostitution the tools they need to leave that life while at the same time reducing the overcrowding of local jails.

Program Acknowledges Realities of Prostitution

While some people, both men and women, consciously choose to work in prostitution despite having other readily accessible options in their lives, that is simply not the case for many sex workers. Some are the victims of human traffickers, while others are trapped by issues involving substance abuse, homelessness, and/or mental health problems. These women and men often find themselves forced into sex work just to survive. This new program is designed to help solve these underlying problems rather than just punishing people for doing what they have to do in order to get by. One of the key elements of the program is that the defendants who are a part of it will actually be able to get their charges dismissed if they successfully complete the program. It remains to be seen, however, how realistic completion of the program will be. Drug courts have shown that when they are properly implemented they can be an excellent tool for rehabilitation, but when they are not run properly they can just be a way of setting defendants up to fail. Hopefully this court will be more like the former than the latter.

What Will the Program Include?

The men and women who engage in this program will have individual case managers. They will have access to HIV testing, and, if necessary, treatment. They will receive counseling. Depending on the participant’s individual needs they may also work with organizations that fight homelessness, that deal with human trafficking issues, and that provide mental health services.

Call the Law Offices of Christopher M. Cosley

If you are charged with prostitution, or any other crime, you will need the help of an experienced and passionate criminal defense lawyer. For help from a skilled Rolling Meadows criminal defense attorney, you should call the Law Offices of Christopher M. Cosley. When you call us at (847)394-3200 we will schedule an appointment at your convenience.

Predatory Criminal Sexual Assault of a Child and Criminal Sexual Abuse

April 28th, 2015 at 5:21 am

Illinois defense attorney, Illinois criminal lawyer, crimes against children,When you are charged with a sex offense you need the help of a criminal defense attorney who is experienced with defending this type of offense. Because of the unique types of evidence that are often used in cases involving allegations of sex crimes, these cases often require specialized knowledge. Additionally, these cases often hinge on the testimony of the victim more than any other type of case, meaning you need an attorney who knows how to handle victims in court. There are a whole host of different sex crimes charges in Illinois, and each of them has slightly different requirements in order for one to be found guilty. One such charge is predatory criminal sexual assault of a child, a serious allegation that carries significant penalties upon conviction.

Predatory Criminal Sexual Assault of a Child

A person can be found guilty of predatory criminal sexual assault of a child if he or she is age 17 or older and has does one of the following with a person who is less than 13 years old:

  • Commits an act of contact between the sex organ or anus of one person and a body part of another person for sexual purposes; or
  • Commits an act of sexual penetration.

The punishment for this offense is more severe if the accused was armed with a firearm, personally discharged a firearm during the offense, caused great bodily harm to the victim resulting in permanent disability or a threat to his or her life, or drugged the victim.

Criminal Sex Abuse

There are three main ways a person can commit the crime of criminal sex abuse.The first involves the accused either committing an act of sexual conduct by the use of force or threat of force, or committing an act of sexual conduct when he or she knows that the alleged victim is unable to understand the nature of the act or give knowing consent. So what is “sexual conduct?” It is any knowing touching or fondling, either directly or through clothes, of the sex organs, anus or breast. It can also involve the fondling of any part of the body of a child under 13 years old, or the transfer of semen onto any part of the alleged victim’s body. In order to be “sexual conduct” the purpose of the conduct must be sexual gratification or arousal.

The second kind of criminal sexual abuse involves a person under the age of 17 years old committing an act of sexual penetration or sexual conduct with a person who is between the ages of nine and 17. The third type of criminal sexual abuse involves a person committing an act of ssexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age, where the accused is less than five years older than the alleged victim.

Call the Law Offices of Christopher M. Cosley

When you are charged with a sex offense you need the help of an experienced Rolling Meadows criminal defense attorney. Call the Law Offices of Christopher M. Cosley today at (847)394-3200. When you call we can schedule a time to visit with you and determine how we can be of help.

Solicitation and a Sting in the Suburbs

January 14th, 2015 at 5:21 pm

Illinois defense attorney, Illinois criminal lawyer, prostitution, When we think of undercover police work we often think of narcotics cases. Police go undercover to buy or sell drugs and catch people who do the same. But this is certainly not the only area where police work under cover. Sex crimes like prostitution and solicitation also provide undercover work for police and lead to arrests in the suburban area. If you have been arrested for a sex crime in the Rolling Meadows area, it is in your best interests to contact an attorney immediately.

A Sting in the Suburbs

The Chicago Sun Times reports that 14 men were recently arrested after meeting police officers in an undercover solicitation sting in the west suburbs. Undercover police officers placed ads for prostitution services on an adult classifieds website called Backpage.com. The men then allegedly went to a hotel to meet with the advertised prostitutes only to instead find undercover cops. In 2014, more than 130 men were arrested by Cook County Sheriff’s officers using this Backpage sting method. The unit has arrested around 700 people using this method since 2009. The men caught in this sting were charged with a violating a local Cook County public morals nuisance ordinance.

Solicitation Laws in Illinois

The public morals ordinance applied to these men has been around for a few years. It decriminalized being a john in a sense, in that it removed jail time from the picture. However, being punished under this ordinance can result in substantial fines, community service, and even the impounding of vehicles. These fines may be substantially greater than the punishments that were actually doled out back when these cases were prosecuted in criminal court. The upside, though, aside from no risk of jail time, is that prosecution under this ordinance does not result in an actual criminal conviction. This ordinance only applies in certain parts of Cook County.

State criminal law also addresses solicitation of a prostitute. The crime is called “solicitation of a sexual act.” Under the law, any person who offers someone money or anything of value to perform any act of sexual penetration or touching or fondling of the sex organs commits solicitation of a sexual act. This is a Class A misdemeanor normally, but if the prostitute is a minor or is severely or profoundly intellectually disabled it becomes a felony. Class A misdemeanors can be punished by up to a year in jail. The fine can be anything up to $2,500 per count.

Criminal Defense Attorney

When you or someone you love is charged with a crime, you need the help of an experienced criminal defense attorney. Contact the dedicated Rolling Meadows criminal defense attorneys at the Law Offices of Christopher M. Cosley and we will schedule a free consultation.

Sex Abuse Charges and Elderly Defendants

November 18th, 2014 at 10:00 am

senior prisoners, Illinois criminal defense attorney, Illinois defense lawyerIt should go without saying that sex crimes are serious offenses that have severe consequences associated with them. These cases present many issues that need to be addressed, but some cases involve special circumstances that deserve extra consideration. As one report points out, one type of sex offense case that involves additional issues are those in which an elderly defendant is charged with a crime stemming from facts that allegedly occurred decades ago.

Health Concerns

In addition to the myriad of other issues inherently involved in sex crime cases, those in which an elderly defendant is charged usually have an additional set of unique factors to consider. Not only can these cases involve displacing a criminal defendant from his or her place of residence, but can also involve extradition issues, which may be more common the further back in time the facts supporting the charges supposedly occurred. All of this is compounded by any health concerns elderly defendants have, which can also vary in severity. In some cases, an elderly defendant’s life could be placed at serious risk before they are even tried for their crime.

Not Only Sex Cases

Of course, these same concerns may be present in any criminal case involving an elderly defendant and may be particularly apparent in cases that involve the potential for extradition, the transportation of the defendant from one jurisdiction to another to face charges where the crime allegedly occurred. According to some experts, the cost of transporting and housing criminal defendants in this scenario can not only be dangerous, but is likely to also be expensive. These defendants would need to be treated and cared for while in custody, something many prisons are not equipped to do. Even if the defendant is treated at an outpatient hospital, it takes additional prison staff to accompany him or her. Another argument experts raise involves the acknowledgment that the purpose of incarceration in many criminal cases is to protect the public and ensure the defendant will not re-offend, something that may be less of a concern when dealing with an elderly defendant.

More Appropriate Sentences

The high cost of imprisoning elderly defendants coupled with the fact that most of them no longer pose a threat is leading many to argue that other methods of punishment may be more suitable for this population. One such alternative form of punishment is home confinement, which may be able to fulfill many of the goals of incarceration without the need for a prison sentence.

Criminal Defense Attorney

If you or someone you know has been charged with a crime in the Chicago area, do not hesitate to discuss the facts of your case with an experienced Rolling Meadows criminal defense attorney who can advise you of your rights. The experienced attorneys at the Law Offices of Christopher M. Cosley are prepared to listen to the facts of your case and defend your rights. Contact us today for a consultation.

Illinois Senate Reforms Rape Law

May 5th, 2014 at 7:00 am

Illinois Senate Reforms Rape Law | Cook County Criminal Defense LawyerA crippling backlog of rape kit testing is a problem in different counties and states across the country. Unsurprisingly, the state of Illinois is no exception. Backlogs in rape kit testing – due to numerous factors, ranging from the mishandling of kits to understaffing of testing labs – often caused rape cases to go without being prosecuted, essentially victimizing the one assaulted for the second time. Now, an important change in the law seeks to prevent situations like that from occurring.

Cases Influencing Change

In one case, a woman was beaten and raped in a south suburb of Chicago in 1977. After the incident, the local police department failed to follow through on her case, losing evidence crucial to apprehending a suspect. As a result of their failure to follow through, enough time passed for the statute of limitations to run out on the case, which prevented charges from ever being filed. Despite the failure and the victim’s loss of confidence in the justice system, she continued to fight for change in the law.

Senate Action

This case, in addition to countless others, made the argument to win Senate approval for a law that would allow more than 10 years, the previous applicable statute of limitations that began running the day the crime was committed, to bring charges for rape. The Senate unanimously passed the measure, which now makes the clock begin on the statute of limitations the day a rape kit is examined, and no longer on the day of the crime.

This is an important and significant change, especially in light of the known problems with the backlog of rape kit testing. Prior to 2013, more than 4,000 rape kits from agencies across the state were forwarded to Illinois State Police due to a law passed in 2010, which required all old evidence in sexual assault cases to be sent to state police. The legislation extending the applicable period of the statute of limitations is now set to go to the House.

The Failure to Investigate

Despite officers’ assurance to the victim of the 1977 case that the incident would be investigated, it likely never was. The officers who took the victim’s statements were, in fact, part-time employees. Moreover, there is a strong indication that rape crimes simply were not being investigated by law enforcement at the time this victim was raped. Still, the victim was able to obtain her attacker’s name three years after the crime and presented it to police; her rape kit had been misplaced by that time though.

At that point, the decision not to prosecute such cases was a conscious one. Later, staffing issues and a lack of capacity may have prevented such cases from being investigated. Today, the situation seems to be improving. Officers are being trained in the context of investigating and prosecuting sexual assaults and rape cases.

Criminal Law Attorney

This change represents an important shift in the law that can affect the rights of both victims and defendants. Sexual assault crimes are serious charges, and it is imperative to consult with an experienced criminal defense attorney if you or someone you know is charged with such a crime. Contact the attorneys at the Law Offices of Christopher M. Cosley today and schedule a consultation. We serve clients in Chicago and the surrounding area.

Cracking Down on Sex Trafficking in Chicago

March 24th, 2014 at 12:49 pm

sex trafficking, sex crimes, lawyer, attorney, Chicago criminal law, Illinois criminal law

It goes without saying that sex crimes of any nature are very serious cases that should be handled with special care and attention. Sex crimes can involve a variety of incidents leading to criminal charges, but the government and law enforcement in the Chicago area are focusing their efforts on human trafficking, and the organizations involved in promoting it. A recent article explained the city’s actions in relation to targeting those culpable of such crimes.

Government Action

United States Senator Mark Kirk and Anita Alvarez, a Cook County State’s Attorney, called for the partnering of local and federal officials to put an end to sex trafficking across the country. One of their efforts includes preventing websites from contributing to the trafficking. They even went so far as to say human trafficking was really just modern day slavery. The Senator said that just as Illinois was the first state to ratify the 13th amendment, which put an end to slavery, the state was in a unique position to put a similar end to human trafficking. He said a good place to start would be to stop the publication of sex ads on websites, many of which are also responsible for prostitution advertising.

The Stop Advertising Victims of Exploitation (SAVE) and Safe Children’s Acts

In keeping with his call to action, Senator Kirk plans on introducing the SAVE Act in the Senate this week. The legislation will allow the federal government to prosecute websites, like backpage.com, that contribute to children being victimized via commercial advertising. On the state level, the state’s attorney said her office passed the Illinois Safe Children’s Act, which was drafted to protect child victims of sex trafficking. Since the law was passed, 93 defendants have been charged with crimes related to trafficking in state court.

The Internet’s Role

According to the article, the internet has played a huge role in promoting human trafficking and sex crimes. It makes such offenses easier, and often facilitates the commission of the crimes for pedophiles and sex traffickers, who have access to advertising for such acts at any time. Proponents of the legislation described above say it is necessary to stop websites from profiting from criminal activity that victimizes children. They also claim that current law operates to protect sex trafficking websites and their owners from prosecution because they only exist on the internet.

Not all sex crimes involve human trafficking. Sexual assault, prostitution, indecent exposure and possession of child pornography are also sex crimes that can bring with them serious consequences. As such, it is critical that those charged with crimes such as these consult with an experienced criminal defense attorney. If you or someone you know has been charged with a sex crime in Chicago or a surrounding area in the state of Illinois, the attorneys at The Law Offices of Christopher M. Cosley are prepared to assist in your defense. Contact us today to discuss the facts of your particular case.

Back to Top Back to Top Back to Top