IL SB1618

Creates new offense of "failure to report sexual abuse of a child" under Illinois Criminal Code Section 11-9.1B for adults over age 18 who personally observe sexual abuse of a child under age 13.

Requires reporting of observed sexual abuse to law enforcement, with alternative compliance through the Abused and Neglected Child Reporting Act or to medical authorities and mandated reporters.

Provides affirmative defense if person had reasonable apprehension that reporting would result in imminent death, great bodily harm, permanent disfigurement, or permanent disability to themselves or another in retaliation.

Charges for failure to report can only be brought after the person who committed the sexual abuse is charged with a related criminal sexual offense, child pornography, or sexual exploitation of a child.

Penalties are Class A misdemeanor for first violation and Class 4 felony for any subsequent violation.