IL HB5441

Amends the definition of "Unable to give knowing consent" in the Criminal Code to include situations where a victim has voluntarily consumed intoxicating or controlled substances, if the accused knew or reasonably should have known of the victim's incapacitation (but did not provide the substance).

Defines "unconscious of the nature of the act" to include conditions where a victim was unconscious, unaware of the act occurring, unaware of essential characteristics due to perpetrator's fraud, or unaware due to fraudulent representation that sexual penetration served a professional purpose.

Expands the presumption that a victim is "unable to give knowing consent" to include persons detained or in custody of law enforcement who are not married to the officer or official.

Clarifies that consent cannot be established through lack of verbal or physical resistance resulting from force or threats, and that a victim's manner of dress does not constitute consent.