The new statute replaces the eight sexual misconduct offenses of the old law with four new offenses: the sexual penetration crimes of criminal sexual assault and aggravated criminal sexual assault, and the touching and fondling crimes of criminal sexual abuse and aggravated criminal sexual abuse. Unlike the old sexual misconduct crimes, the new offenses distinguish aggravating factors that increase the punishment for a sexual offense. These factors are the use of a dangerous weapon, the infliction of bodily harm, and behavior that< threatens or endangers the victim's or another person's life. Under the old law, the prosecution was required to show that the victim did not consent to the sexual act. The new law does not require that nonconsent be proven by the prosecution. Consent only becomes an issue if it is raised by the defense, and the defense has the burden of proving that consent occurred. By focusing on the accused's conduct and providing punishment gradations, the new statute provides a rational scheme for punishing harmful sexual aggression. The absence of any legislative guidance as to what constitutes a dangerous weapon, bodily harm, or life threatening behavior, however, will pose problems for the courts. Also, in shifting the burden of proving consent to the defense, the statute may produce fifth amendment (self-incrimination) challenges. 113 footnotes.