2005 Illinois Code - 740 ILCS 22/ Civil No Contact Order Act. Article I - General Provisions
(740 ILCS 22/Art. I heading)
ARTICLE I
GENERAL PROVISIONS
(740 ILCS 22/101)
Sec. 101.
Short title.
This Act may be cited as
the Civil No Contact Order Act.
(Source: P.A. 93‑236, eff. 1‑1‑04.)
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(740 ILCS 22/102)
Sec. 102.
Purpose.
Sexual assault is the most heinous crime against
another person short of murder. Sexual assault inflicts humiliation,
degradation, and terror
on victims. According to the FBI, a woman is raped every 6 minutes in
the United States. Rape is recognized as the most underreported crime;
estimates suggest that only one in seven rapes is reported to
authorities. Victims who do not report the crime still desire safety
and protection from future interactions with the offender. Some cases
in which the rape is reported are not prosecuted.
In these situations, the
victim should be able to seek a civil remedy requiring only that
the offender stay away from the victim.
(Source: P.A. 93‑236, eff. 1‑1‑04.)
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(740 ILCS 22/103)
Sec. 103. Definitions. As used in this Act:
"Civil no contact order" means an emergency order or plenary order
granted under this Act, which includes a remedy authorized by Section 213
of this Act.
"Non‑consensual" means a lack of freely given agreement.
"Petitioner" means any named petitioner for the
no contact order or any named victim of non‑consensual sexual conduct or
non‑consensual sexual penetration on whose behalf the
petition is brought.
"Sexual conduct" means any intentional or knowing touching or
fondling by the petitioner or the respondent, either directly or through
clothing, of the sex organs, anus, or breast of the petitioner or the
respondent, or any part of the body of a child under 13 years of age, or
any transfer or transmission of semen by the respondent upon any part of
the clothed or unclothed body of the petitioner, for the purpose of sexual
gratification or arousal of the petitioner or the respondent.
"Sexual penetration" means any contact, however slight, between
the sex organ or anus of one person by an object, the sex organ, mouth
or anus of another person, or any intrusion, however slight, of any part
of the body of one person or of any animal or object into the sex organ
or anus of another person, including but not limited to cunnilingus,
fellatio or anal penetration. Evidence of emission of semen is not
required to prove sexual penetration.
"Stay away" means to refrain from both physical presence and nonphysical contact with the petitioner directly, indirectly, or through third parties who may or may not know of the order. "Nonphysical contact" includes, but is not limited to, telephone calls, mail, e‑mail, fax, and written notes.
(Source: P.A. 93‑236, eff. 1‑1‑04; 93‑811, eff. 1‑1‑05.)
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