Illinois bill could charge teachers, authority figures for sexually abusing 18-year-old students

SPRINGFIELD, Ill. (WAND) — State lawmakers could pass a plan this spring to crack down on sexual abuse by educators and authority figures in schools.

The Illinois General Assembly has previously created stronger protections for school children 17 years and under. However, House Republicans said it is currently not illegal for an educator or staff member to have sexual conduct with an 18-year-old student.

"With no criminal charge on a background check, that person can go on to work with other children and other child-facing organizations such as summer camps, park and rec jobs, or volunteer organizations," said Rep. Amy Elik (R-Alton).

Rep. Amy Elik (R-Alton) spoke during a House Judiciary-Criminal Committee hearing on April 4, 2024.

Elik believes school staff who sexually abuse 18-year-old students should be charged with a Class A misdemeanor for their first offense and a Class 4 felony for any repeat offenses. A person would commit this crime if the staff member is at least four years older than the student and commits an act of sexual conduct.

"We expect the adults to be the responsible ones in schools and know that this abuse is not appropriate," Elik stressed. "We can't expect an 18-year-old to know the attention and affection from someone who is in charge of their school experience is wrong on that adult's part."

Abuse by an educator or authority figure involving sexual penetration would be a Class 4 felony for the first offense and a Class 3 felony for any repeat offenses. Elik noted that consent of the victim should not be a defense to abuse by an educator or authority figure.

"Even as we sat here today, and I was waiting to present to you, I was informed of another Illinois case of a teacher being charged with some crimes related to sexual conduct with a student," Elik said. "That's why I'm here today to discuss that unfinished work that we have on this topic."

House Bill 4241 passed unanimously out of the House Judiciary Criminal Committee Thursday. The proposal now moves to the House floor for further consideration.