CHAPTER 720, ILCS 5/ - CRIMINAL CODE DIVISION I

720 ILCS 5/11-40

Sec. 11-40. Fornication.

EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules
Offense Class & Sentencing Scope Class A Misdemeanor

Up to 364 days county jail · Fine up to $2,500

Court Appearance Mandate Release on Notice (No Mandate)

Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Class A Misdemeanor
Court Appearance Pre-set Bond / Release on Notice
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code None Assigned
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Associated Offense Codes & Classifications (1)

Offense Description Class Court Mandate SAFE-T Act Reporting Code
Fornication Class A Misdemeanor Release on Notice Release Eligible
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Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov

Sec. 11-40. Fornication.

(a)

(a) A person commits fornication when he or she knowingly has sexual intercourse with another not his or her spouse if the behavior is open and notorious.

A person shall be exempt from prosecution under this Section if his liability is based solely on evidence he has given in order to comply with the requirements of Section 4-1.7 of "The Illinois Public Aid Code", approved April 11, 1967, as amended.

(b)

(b) Sentence.

Fornication is a Class B misdemeanor.

(Source: P.A. 96-1551, eff. 7-1-11.)

Cross-Referenced ILCS Codes