State Guide
Age of Consent in Illinois
A plain-English guide to the age of consent in Illinois, cited to the Illinois Compiled Statutes. Illinois has no true close-in-age exemption, but a close-in-age gap can reduce a felony to a misdemeanor.
No exemption — severity reduction onlyIllinois at a glance
The core figures from this guide, in one place.
| Age of consent | 17 |
|---|---|
| Governing statute | 720 ILCS 5/11-1.50 (Criminal Sexual Abuse) |
| Close-in-age mechanism | None — gap reduces severity, does not exempt |
| Age-based defense, if any | None; under-5-year gap is a misdemeanor, not a felony |
| Related offense | Aggravated criminal sexual abuse — 720 ILCS 5/11-1.60 |
Overview
Illinois sets its age of consent at 17. Once someone reaches 17, they can consent to sexual activity with a partner of any age under ordinary circumstances, subject to separate rules involving a position of trust or authority.
Illinois does not have a close-in-age exemption in the sense of a provision that removes the offense entirely. What it has is a reduced-severity provision: sexual conduct with someone 13 through 16 is a lesser, misdemeanor-level offense specifically when the age gap is under five years, rather than the felony that otherwise applies. This is often mistaken for a Romeo and Juliet law, but Illinois sources are explicit that no such exemption exists here.
Age of consent in Illinois
Illinois addresses age-based sexual offenses through several statutes rather than a single age-of-consent law. Criminal sexual abuse, 720 ILCS 5/11-1.50, is the baseline offense and establishes the practical age of consent at 17 by covering sexual conduct with anyone under that age.
Close-in-age rules in Illinois
Under 720 ILCS 5/11-1.50(c), sexual conduct or penetration with someone at least 13 but under 17 is a Class A misdemeanor, rather than the default Class 4 felony, specifically when the accused is less than five years older than the victim.
- Victim at least 13, under 17, and offender less than 5 years older: Class A misdemeanor.
- Otherwise, absent this narrow gap: Class 4 felony, or Class 2 felony on a second or subsequent conviction.
- A separate youth-on-youth provision applies where the offender is themselves under 17 and the victim is 9 through 16.
Exceptions and defenses
Illinois sources indicate that a mistaken belief about the other person’s age is generally not a defense here. A position of trust, authority, or supervision over the victim can also remove the misdemeanor reduction: criminal sexual assault, 720 ILCS 5/11-1.20, applies to a person 17 or older with such a position over a victim 13 through 17, at a felony level, regardless of how small the age gap is.
Applicable statutes
The codified Illinois law this guide is drawn from.
Practical examples
Example 1. A 16-year-old and a 19-year-old, a three-year gap. Because the gap is under five years and the younger person is 13 or older, this is a Class A misdemeanor rather than a felony, though it remains a crime.
Example 2. A 15-year-old and a 22-year-old, a seven-year gap. This exceeds the five-year threshold, so aggravated criminal sexual abuse, a Class 2 felony, applies instead.
Example 3. A 16-year-old student and a 20-year-old teacher at their school, a four-year gap. Even though the gap alone would qualify for the misdemeanor reduction, the position of authority brings criminal sexual assault into play instead, a Class 1 felony.
Frequently asked questions about Illinois
What is the age of consent in Illinois?
17. Sexual conduct with anyone under that age can be prosecuted under Illinois’ criminal sexual abuse statute, 720 ILCS 5/11-1.50.
Does Illinois have a Romeo and Juliet law?
No. Illinois sources are explicit that this kind of exemption does not exist here. There is a related but different reduced-severity provision for a narrow age-gap band.
What is the reduced-severity provision, then?
Under 720 ILCS 5/11-1.50(c), if the victim is 13 through 16 and the offender is less than five years older, the offense is a Class A misdemeanor rather than a felony. It is still a criminal conviction.
Does a position of authority change anything?
Yes. A position of trust, authority, or supervision can bring a more serious felony charge into play regardless of how small the age gap is.
Does a mistaken belief about age count as a defense?
Generally, no. Sources describing these Illinois statutes indicate that ignorance of the victim’s actual age is not treated as a defense.
Official sources
Primary and official sources this guide is built from.
How the age gap changes the charge
Illinois has no exemption tier — every tier below is still a criminal offense.
| Age gap | Charge level |
|---|---|
| Under 5 years | Misdemeanor, Class A |
| 5 years or more, or victim under 13 | Felony, Class 2 (aggravated) |
| Position of trust or authority | Felony, Class 1, regardless of gap |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the Illinois Compiled Statutes, cross-checked against multiple independent legal references.
Pending attorney review
This guide has not yet been checked by a licensed Illinois attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects the Illinois Compiled Statutes as of 24 July 2026. It has not yet been reviewed by a licensed Illinois attorney; treat it as sourced and current-as-drafted, not as attorney-verified, until the reviewer field above is updated.