(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.

Attorney's Note

Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B misdemeanorup to 6 monthsup to $1,500
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-60

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Terms Used In Illinois Compiled Statutes 720 ILCS 5/11-40

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

     (b) Sentence.
     Fornication is a Class B misdemeanor.