Sec. 27-1010. Consent education.

382 words·~2 min read·/il/chapter-105/act-5/27-1010

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In this Section:

"Age and developmentally appropriate" has the meaning ascribed to that term in Section 27-1015 of this Code.

"Consent" has the meaning ascribed to that term in Section 27-1015 of this Code.

(b)A school district may provide age and developmentally appropriate consent education in kindergarten through the 12th grade.

(1)In kindergarten through the 5th grade, instruction and materials shall include age

and developmentally appropriate instruction on consent and how to give and receive consent, including a discussion that includes, but is not limited to, all of the following:

(A)Setting appropriate physical boundaries with others.

(B)Respecting the physical boundaries of others.

(C)The right to refuse to engage in behaviors or activities that are uncomfortable

or unsafe.

(D)Dealing with unwanted physical contact.

(E)Helping a peer deal with unwanted physical contact.

(2)In the 6th through 12th grades, instruction and materials shall include age and

developmentally appropriate instruction on consent and how to give and receive consent, including a discussion that includes, but is not limited to, all of the following:

(A)That consent is a freely given agreement to sexual activity.

(B)That consent to one particular sexual activity does not constitute consent to

other types of sexual activities.

(C)That a person's lack of verbal or physical resistance or submission resulting

from the use or threat of force does not constitute consent.

(D)That a person's manner of dress does not constitute consent.

(E)That a person's consent to past sexual activity does not constitute consent to

future sexual activity.

(F)That a person's consent to engage in sexual activity with one person does not

constitute consent to engage in sexual activity with another person.

(G)That a person can withdraw consent at any time.

(H)That a person cannot consent to sexual activity if that person is unable to

understand the nature of the activity or give knowing consent due to certain circumstances that include, but are not limited to:

(i)the person is incapacitated due to the use or influence of alcohol or drugs;

(ii)the person is asleep or unconscious;

(iii)the person is a minor; or

(iv)the person is incapacitated due to a mental disability.

(I)The legal age of consent in this State.