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91_SB0094
LRB9101683RCks
1 AN ACT to amend the Harassing and Obscene Communications
2 Act by changing Section 1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Harassing and Obscene Communications Act
6 is amended by changing Section 1 as follows:
7 (720 ILCS 135/1) (from Ch. 134, par. 16.4)
8 Sec. 1. Transmission of obscene messages prohibited.
9 (a) Any person in this State who sends any
10 communications or messages or uses language or terms that
11 which are obscene, lewd, or immoral with the intent to offend
12 by means of or while using a telephone or telegraph
13 facilities, equipment, or wires or by means of an electronic
14 communication of any person, firm, or corporation engaged in
15 the transmission of news or messages between states or within
16 this the State of Illinois is guilty of a Class B
17 misdemeanor. The use of language or terms that which are
18 obscene, lewd, or immoral is prima facie evidence of the
19 intent to offend.
20 (b) Any person in this State who sends any
21 communications or messages or uses language or terms that
22 purport to solicit a sexual act with a person, knowing the
23 person to be under 18 years of age, by means of or while
24 using a telephone or telegraph facilities, equipment, or
25 wires or by means of an electronic communication of any
26 person, firm, or corporation engaged in the transmission of
27 news or messages between states or within this State is
28 guilty of a Class 4 felony.
29 (c) For the purposes of this Section, "sexual act" means
30 any act of sexual conduct or sexual penetration as defined in
31 subsection (e) or (f), respectively, of Section 12-12 of the
-2- LRB9101683RCks
1 Criminal Code of 1961.
2 (Source: P.A. 77-2620.)
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