There was a little piece of news out of Illinois recently that might slip under the radar. Most people might not give a legislative proposal a second thought. However, even though it may not affect the majority, it’s the intent that’s scary.
What the Illinois legislator is proposing is one short step from having “Big Brother” in your bedroom. There’s absolutely no other way to describe the proposed new law. What is this latest “bedroom invasion”? Again, it seems rather benign on the surface.
An Illinois House Democrat introduced House Bill 5441. Representative Mark Walker also managed to lure nine co-sponsors. One of those is Republican House member, Chris Bos. House Bill 5441 addresses a number of little sexual tidbits that are essentially inconsequential.
It discusses redefining the Code to include better interpretations of “profit from prostitution” and “sexual conduct.” But the new bill took one big step that many may not have noticed. The bill addresses how the law would read in the area of “unable to give knowing consent”.
The wording covered a wide-ranging set of guidelines for how a person became incapacitated. One key part of the bill mentions directly, “when the victim is intoxicated, but the accused did not provide or administer the intoxicating substance.”
If you think about this for a minute, you may have some questions. Defense attorney Scott Greenfield Tweeted, “This bill would be a nightmare.” If passed, being drunk, as opposed to incapacitation, would reduce grounds for a sex crime to any version of lack of consent.
Intoxication, rather than incapacitation, would make sex a crime for lack of consent, even if both are drunk. Whoever goes to the police first wins.
This will be a nightmare. https://t.co/rNner7qtzM
— Scott Greenfield (@ScottGreenfield) March 1, 2022
It would not matter if both parties were drunk as skunks. Whichever individual got a notion to call the police first, would potentially have a case. House Bill 5441 drifted into a host of confusing references about being unconscious versus sleeping.
The legislation tries to make some distinction between what constitutes knowing and what would be a perceived sexual imposition. It also weakly tries to address what would be deemed as “cognizant”. Despite a lot of confusing sexual rhetoric, the bill does something else.
Basically, Illinois House Bill 5441 would fling open a dangerous doorway into people’s bedrooms. It’s one short step from unnecessary government overreach. How could Illinois law enforcement even monitor and therefore enforce such a hare-brained law?
The only viable way to produce conclusive evidence would be to mount a camera in everyone’s bedroom. See, we told you Illinois House Bill 5441 was one small step away from “Big Brother”. Next, you’ll have to blow into a breathalyzer before you can “try for second base”.
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