Illinois General Assembly - Bill Status for HB5235

Replaces everything after the enacting clause. Amends the Criminal Code of 1961. Reinserts the provisions of the bill with these changes: (1) provides that child pornography where the child depicted is under the age of 13, other then the possession of any film, videotape, photograph or other similar visual reproduction or depiction by computer of a child under 13 engaged in certain activities prescribed in the statute, is a Class X felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000; (2) provides that where the child depicted is under the age of 13, the possession of any film, videotape, photograph or other similar visual reproduction or depiction by computer of a child under 13 engaged in certain activities prescribed in the statute is a Class 2 felony with a mandatory minimum fine of $1,000 and a maximum fine of $100,000; (3) provides that child pornography, other than possession of any film, videotape, photograph or other similar visual reproduction or depiction by computer of a child under 13 engaged in certain activities prescribed in the statute, where the child depicted is under the age of 13, where the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses, is a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 9 years with a mandatory minimum fine of $2,000 and a maximum fine of $100,000; and (4) provides that where the child depicted is under the age of 13, a person who possesses any film, videotape, photograph or other similar visual reproduction or depiction by computer of a child under 13 engaged in certain activities prescribed in the statute where the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses, is guilty of a Class 1 felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000.

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