(was 720 ILCS 5/11-8) Sec. 11-40. Fornication. (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. (b) Sentence. Fornication is a Class B misdemeanor.
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