Public Act 100-0428
 
SB1321 EnrolledLRB100 08174 RLC 18269 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Sex Offender Management Board Act is amended 
by changing Section 10 as follows:
 
    (20 ILCS 4026/10)

    Sec. 10. Definitions.   In this Act, unless the context 
otherwise
requires:

    (a) "Board" means the Sex Offender Management Board created 
in Section 15.

    (b) "Sex offender" means any person who is convicted or 
found delinquent in
the State of Illinois, or under any 
substantially similar federal law or
law of another state, of 
any sex offense or attempt of a sex offense as defined
in

subsection (c) of this Section, or any former statute of this 
State that
defined a felony sex offense, or who has been 
declared as a sexually dangerous
person under the Sexually 
Dangerous Persons Act or declared a sexually
violent person 
under the Sexually Violent Persons Commitment Act, or any

substantially similar
federal law or law of another state.

    (c) "Sex offense" means any felony or misdemeanor offense 
described in this
subsection (c) as follows:

        (1) Indecent solicitation of a child, in violation of 
    Section 11-6 of the
Criminal Code of 1961 or the Criminal 
    Code of 2012;

        (2) Indecent solicitation of an adult, in violation of 
    Section 11-6.5 of
the Criminal Code of 1961 or the Criminal 
    Code of 2012;

        (3) Public indecency, in violation of Section 11-9 or 
    11-30 of the Criminal Code of
1961 or the Criminal Code of 
    2012;

        (4) Sexual exploitation of a child, in violation of 
    Section 11-9.1 of the
Criminal Code of 1961 or the Criminal 
    Code of 2012;

        (5) Sexual relations within families, in violation of 
    Section 11-11 of the
Criminal Code of 1961 or the Criminal 
    Code of 2012;

        (6) Promoting juvenile prostitution or soliciting for 
    a juvenile prostitute, in violation of Section 11-14.4 or 
    11-15.1
of
the Criminal Code of 1961 or the Criminal Code 
    of 2012;

        (7) Promoting juvenile prostitution or keeping a place 
    of juvenile prostitution, in violation of Section
11-14.4 
    or 11-17.1 of the Criminal Code of 1961 or the Criminal 
    Code of 2012;

        (8) Patronizing a juvenile prostitute, in violation of 
    Section 11-18.1 of
the Criminal Code of 1961 or the 
    Criminal Code of 2012;

        (9) Promoting juvenile prostitution or juvenile 
    pimping, in violation of Section 11-14.4 or 11-19.1 of the 
    Criminal
Code
of 1961 or the Criminal Code of 2012;

        (10) promoting juvenile prostitution or exploitation 
    of a child, in violation of Section 11-14.4 or 11-19.2 of 
    the
Criminal Code of 1961 or the Criminal Code of 2012;

        (11) Child pornography, in violation of Section 
    11-20.1 of the Criminal
Code
of 1961 or the Criminal Code 
    of 2012;

        (11.5) Aggravated child pornography, in violation of 
    Section 11-20.1B or 11-20.3 of the Criminal Code of 1961;
        (12) Harmful material, in violation of Section 11-21 of 
    the Criminal Code
of
1961 or the Criminal Code of 2012;

        (13) Criminal sexual assault, in violation of Section 
    11-1.20 or 12-13 of the
Criminal
Code of 1961 or the 
    Criminal Code of 2012;

        (13.5) Grooming, in violation of Section 11-25 of the 
    Criminal Code of 1961 or the Criminal Code of 2012;
        (14) Aggravated criminal sexual assault, in violation 
    of Section 11-1.30 or 12-14 of
the Criminal Code of 1961 or 
    the Criminal Code of 2012;

        (14.5) Traveling to meet a minor or traveling to meet a 
    child, in violation of Section 11-26 of the Criminal Code 
    of
1961 or the Criminal Code of 2012;
        (15) Predatory criminal sexual assault of a child, in 
    violation of Section
11-1.40 or 12-14.1 of the Criminal 
    Code of 1961 or the Criminal Code of 2012;

        (16) Criminal sexual abuse, in violation of Section 
    11-1.50 or 12-15 of the Criminal
Code of 1961 or the 
    Criminal Code of 2012;

        (17) Aggravated criminal sexual abuse, in violation of 
    Section 11-1.60 or 12-16 of
the
Criminal Code of 1961 or 
    the Criminal Code of 2012;

        (18) Ritualized abuse of a child, in violation of 
    Section 12-33 of the
Criminal Code of 1961 or the Criminal 
    Code of 2012;

        (19) An attempt to commit any of the offenses 
    enumerated in this
subsection
(c); or


        (20) Any felony offense under Illinois law that is 
    sexually motivated.


    (d) "Management" means treatment, and supervision of any 
sex
offender that conforms to the standards created by the 
Board under
Section 15.

    (e) "Sexually motivated" means one or more of the facts of 
the underlying
offense indicates conduct that is of a sexual 
nature or that shows an intent to
engage in behavior of a 
sexual nature.

    (f) "Sex offender evaluator" means a person licensed under 
the Sex Offender Evaluation and Treatment Provider Act to 
conduct sex offender evaluations.
    (g) "Sex offender treatment provider" means a person 
licensed under the Sex Offender Evaluation and Treatment 
Provider Act to provide sex offender treatment services.
    (h) "Associate sex offender provider" means a person 
licensed under the Sex Offender Evaluation and Treatment 
Provider Act to provide sex offender evaluations and to provide 
sex offender  treatment under the supervision of a licensed sex 
offender evaluator or a licensed sex offender  treatment 
provider.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1098, eff. 1-1-13; 
97-1150, eff. 1-25-13.)

 
    Section 10. The Criminal Code of 2012 is amended  by 
changing Sections 11-9.3, 11-25, and 11-26 as follows:
 


    (720 ILCS 5/11-9.3)



    Sec. 11-9.3. Presence within school zone by child sex

offenders prohibited; approaching, contacting, residing with, 
or communicating with a child within certain places by child 
sex offenders prohibited.

    (a) It is unlawful for a child sex offender to knowingly be 
present in any
school building, on real property comprising any 
school, or in any conveyance
owned, leased, or contracted by a 
school to transport students to or from
school or a school 
related activity when persons under the age of 18 are
present 
in the building, on the grounds or in
the conveyance, unless 
the offender is a parent or guardian of a student attending the 
school and the parent or guardian is: (i) attending a 
conference at the school with school personnel to discuss the 
progress of his or her child academically or socially, (ii) 
participating in child review conferences in which evaluation 
and placement decisions may be made with respect to his or her 
child regarding special education services, or (iii) attending 
conferences to discuss other student issues concerning his or 
her child such as retention and promotion and notifies the 
principal of the school of his or her presence at the school or 
unless the
offender has permission to be present from the

superintendent or the school board or in the case of a private 
school from the
principal.  In the case of a public school, if 
permission is granted, the
superintendent or school board 
president must inform the principal of the
school where the sex 
offender will be present.  Notification includes the
nature of 
the sex offender's visit and the hours in which the sex 
offender will
be present in the school.  The sex offender is 
responsible for notifying the
principal's office when he or she 
arrives on school property and when he or she
departs from 
school property.  If the sex offender is to be present in the

vicinity of children, the sex offender has the duty to remain 
under the direct
supervision of a school official.

    (a-5) It is unlawful for a child sex offender to knowingly 
be present within 100 feet of a site posted as a pick-up or 
discharge stop for a conveyance owned, leased, or contracted by 
a school to transport students to or from school or a school 
related activity when one or more persons under the age of 18 
are present at the site.


    (a-10) It is unlawful for a child sex offender to knowingly 
be present in any
public park building, a playground or 
recreation area within any publicly accessible privately owned 
building, or on real property comprising any public park
 when 
persons under the age of
18 are
present in the building or on 
the grounds
and to approach, contact, or communicate with a 
child under 18 years of
age,
unless the
offender
is a parent or 
guardian of a person under 18 years of age present in the

building or on the
grounds. 
    (b) It is unlawful for a child sex offender to knowingly 
loiter within 500 feet of a school building or real property 
comprising any school
while persons under the age of 18 are 
present in the building or on the
grounds,
unless the offender 
is a parent or guardian of a student attending the school and 
the parent or guardian is: (i) attending a conference at the 
school with school personnel to discuss the progress of his or 
her child academically or socially, (ii) participating in child 
review conferences in which evaluation and placement decisions 
may be made with respect to his or her child regarding special 
education services, or (iii) attending conferences to discuss 
other student issues concerning his or her child such as 
retention and promotion and notifies the principal of the 
school of his or her presence at the school or has permission 
to be present from the
superintendent or the school board or in 
the case of a private school from the
principal.  In the case of 
a public school, if permission is granted, the
superintendent 
or school board president must inform the principal of the

school where the sex offender will be present.  Notification 
includes the
nature of the sex offender's visit and the hours 
in which the sex offender will
be present in the school.  The 
sex offender is responsible for notifying the
principal's 
office when he or she arrives on school property and when he or 
she
departs from school property.  If the sex offender is to be 
present in the
vicinity of children, the sex offender has the 
duty to remain under the direct
supervision of a school 
official.

    (b-2) It is unlawful for a child sex offender to knowingly 
loiter on a public
way within 500 feet of a public park 
building or real property comprising any
public park while 
persons under the age of 18 are present in the building or on 
the
grounds
and to approach, contact, or communicate with a 
child under 18 years of
age,
unless the offender
is a parent or 
guardian of a person under 18 years of age present in the

building or on the grounds. 
    (b-5) It is unlawful for a child sex offender to knowingly 
reside within
500 feet of a school building or the real 
property comprising any school that
persons under the age of 18 
attend.  Nothing in this subsection (b-5) prohibits
a child sex 
offender from residing within 500 feet of a school building or 
the
real property comprising any school that persons under 18 
attend if the
property is owned by the child sex offender and 
was purchased before July 7, 2000 (the
effective date of Public 
Act 91-911).

    (b-10) It is unlawful for a child sex offender to knowingly 
reside within
500 feet of a playground, child care institution, 
day care center, part day child care facility, day care home, 
group day care home, or a facility providing programs or 
services
exclusively directed toward persons under 18 years of 
age.  Nothing in this
subsection (b-10) prohibits a child sex 
offender from residing within 500 feet
of a playground or a 
facility providing programs or services exclusively
directed 
toward persons under 18 years of age if the property is owned 
by the
child sex offender and was purchased before July 7, 
2000. Nothing in this
subsection (b-10) prohibits a child sex 
offender from residing within 500 feet
of a child care 
institution, day care center, or part day child care facility 
if the property is owned by the
child sex offender and was 
purchased before June 26, 2006. Nothing in this subsection 
(b-10) prohibits a child sex offender from residing within 500 
feet of a day care home or group day care home if the property 
is owned by the child sex offender and was purchased before 
August 14, 2008 (the effective date of Public Act 95-821). 
    (b-15) It is unlawful for a child sex offender to knowingly 
reside within
500 feet of the victim of the sex offense. 
Nothing in this
subsection (b-15) prohibits a child sex 
offender from residing within 500 feet
of the victim if the 
property in which the child sex offender resides is owned by 
the
child sex offender and was purchased before August 22, 
2002. 
    This subsection (b-15) does not apply if the victim of the 
sex offense
is 21 years of age or older. 
    (b-20)  It is unlawful for a child sex offender to knowingly 
communicate, other than for a lawful purpose under Illinois 
law, using the Internet or any other digital media, with a 
person under 18 years of age or with a person whom he or she 
believes to be a person under 18 years of age,
unless the 
offender
is a parent or guardian of the person under 18 years 
of age. 
    (c) It is unlawful for a child sex offender to knowingly 
operate, manage,
be employed by, volunteer at, be associated 
with, or knowingly be present at
any: (i) facility providing

programs or services exclusively directed toward persons under 
the age of 18; (ii) day care center; (iii) part day child care 
facility; (iv) child care institution; (v) school providing 
before and after school programs for children under 18 years of 
age; (vi) day care home; or (vii) group day care home.
This 
does not prohibit a child sex offender from owning the real 
property upon
which the programs or services are offered or 
upon which the day care center, part day child care facility,  
child care institution, or school providing before and after 
school programs for children under 18 years of age is located, 
provided the child sex offender
refrains from being present on 
the premises for the hours during which: (1) the
programs or 
services are being offered or (2) the day care center, part day 
child care facility, child care institution, or  school 
providing before and after school programs for children under 
18 years of age, day care home, or group day care home is 
operated. 
    (c-2) It is unlawful for a child sex offender to 
participate in a holiday event involving children under 18 
years of age, including but not limited to distributing candy 
or other items to children on Halloween, wearing a Santa Claus 
costume on or preceding Christmas, being employed as a 
department store Santa Claus, or wearing an Easter Bunny 
costume on or preceding Easter. For the purposes of this 
subsection, child sex offender has the meaning as defined in 
this Section, but does not include as a sex offense under 
paragraph (2) of subsection (d) of this Section, the offense 
under subsection (c) of Section 11-1.50 of this Code. This 
subsection does not apply to a child sex offender who is a 
parent or guardian of children under 18 years of age that are 
present in the home and other non-familial minors are not 
present.
    (c-5) It is unlawful for a child sex offender to knowingly 
operate, manage, be employed by, or be associated with any 
county fair when persons under the age of 18 are present. 
    (c-6) It is unlawful for a child sex offender who owns and 
resides at residential real estate to knowingly rent any 
residential unit within the same building in which he or she 
resides to a person who is the parent or guardian of a child or 
children under 18 years of age. This subsection shall apply 
only to leases or other rental arrangements entered into after 
January 1, 2009 (the effective date of Public Act 95-820).
    (c-7) It is unlawful for a child sex offender to knowingly 
offer or provide any programs or services to persons under 18 
years of age in his or her residence or the residence of 
another or in any facility for the purpose of offering or 
providing such programs or services, whether such programs or 
services are offered or provided by contract, agreement, 
arrangement, or on a volunteer basis.
    (c-8) It is unlawful for a child sex offender to knowingly 
operate, whether authorized to do so or not, any of the 
following vehicles: (1) a vehicle which is specifically 
designed, constructed or modified and equipped to be used for 
the retail sale of food or beverages, including but not limited 
to an ice cream truck; (2) an authorized emergency vehicle; or 
(3) a rescue vehicle. 
    (d) Definitions.  In this Section:


        (1) "Child sex offender" means any person who:


            (i) has been charged under Illinois law, or any 
        substantially similar
federal law
or law of another 
        state, with a sex offense set forth in
paragraph (2) of 
        this subsection (d) or the attempt to commit an 
        included sex
offense, and the victim is a person under 
        18 years of age at the time of the offense; and:


                (A) is convicted of such offense or an attempt 
            to commit such offense;
or


                (B) is found not guilty by reason of insanity 
            of such offense or an
attempt to commit such 
            offense; or


                (C) is found not guilty by reason of insanity 
            pursuant to subsection
(c) of Section 104-25 of the 
            Code of Criminal Procedure of 1963 of such offense

            or an attempt to commit such offense; or


                (D) is the subject of a finding not resulting 
            in an acquittal at a
hearing conducted pursuant to 
            subsection (a) of Section 104-25 of the Code of

            Criminal Procedure of 1963 for the alleged 
            commission or attempted commission
of such 
            offense; or


                (E) is found not guilty by reason of insanity 
            following a hearing
conducted pursuant to a 
            federal law or the law of another state 
            substantially
similar to subsection (c) of Section 
            104-25 of the Code of Criminal Procedure
of 1963 of 
            such offense or of the attempted commission of such 
            offense; or


                (F) is the subject of a finding not resulting 
            in an acquittal at a
hearing
conducted pursuant to 
            a federal law or the law of another state 
            substantially
similar to subsection (a) of Section 
            104-25 of the Code of Criminal Procedure
of 1963 
            for the alleged violation or attempted commission 
            of such offense; or


            (ii) is certified as a sexually dangerous person 
        pursuant to the
Illinois
Sexually Dangerous Persons 
        Act, or any substantially similar federal
law or the 
        law of another state, when any conduct giving rise to 
        such
certification is committed or attempted against a 
        person less than 18 years of
age; or


            (iii) is subject to the provisions of Section 2 of 
        the Interstate
Agreements on Sexually Dangerous 
        Persons Act.


        Convictions that result from or are connected with the 
    same act, or result
from offenses committed at the same 
    time, shall be counted for the purpose of
this Section as 
    one conviction.  Any conviction set aside pursuant to law is

    not a conviction for purposes of this Section.


        (2) Except as otherwise provided in paragraph (2.5), 
    "sex offense"
means:


            (i) A violation of any of the following Sections of 
        the Criminal Code of
1961 or the Criminal Code of 2012: 
        10-4 (forcible detention), 10-7 (aiding or abetting 
        child abduction under Section 10-5(b)(10)),

        10-5(b)(10) (child luring), 11-1.40 (predatory 
        criminal sexual assault of a child), 11-6 (indecent 
        solicitation of a child), 11-6.5
(indecent 
        solicitation of an adult),

11-9.1 (sexual exploitation 
        of a child), 11-9.2 (custodial sexual misconduct),  
        11-9.5 (sexual misconduct with a person with a 
        disability), 11-11 (sexual relations within families), 
        11-14.3(a)(1) (promoting prostitution by advancing 
        prostitution),  11-14.3(a)(2)(A) (promoting 
        prostitution by profiting from prostitution by 
        compelling a person to be a prostitute), 
        11-14.3(a)(2)(C) (promoting prostitution by profiting 
        from prostitution by means other than as described in 
        subparagraphs (A) and (B) of paragraph (2) of 
        subsection (a) of Section 11-14.3), 11-14.4 (promoting 
        juvenile prostitution), 11-18.1
(patronizing a 
        juvenile prostitute), 11-20.1 (child pornography), 
        11-20.1B (aggravated child pornography), 11-21 
        (harmful
material), 11-25 (grooming), 11-26 (traveling 
        to meet a minor or traveling to meet a child), 12-33 
        (ritualized abuse of a
child), 11-20 (obscenity) (when 
        that offense was committed in any school, on
real 
        property comprising any school, in any conveyance 
        owned,
leased, or contracted by a school to transport 
        students to or from school or a
school related 
        activity, or in a public park), 11-30 (public 
        indecency) (when committed in a school, on real 
        property
comprising a school, in any conveyance owned, 
        leased, or contracted by a
school to transport students 
        to or from school or a school related activity, or in a 
        public park).  An attempt to commit any of these 
        offenses.


            (ii) A violation of any of the following Sections 
        of the Criminal Code
of 1961 or the Criminal Code of 
        2012, when the victim is a person under 18 years of 
        age: 11-1.20 (criminal
sexual assault), 11-1.30 
        (aggravated criminal sexual assault), 11-1.50 
        (criminal
sexual abuse), 11-1.60 (aggravated criminal 
        sexual abuse).  An attempt to commit
any of these 
        offenses.


            (iii) A violation of any of the following Sections 
        of the Criminal Code
of 1961 or the Criminal Code of 
        2012, when the victim is a person under 18 years of age 
        and the defendant is
not a parent of the victim:


            10-1 (kidnapping),


            10-2 (aggravated kidnapping),


            10-3 (unlawful restraint),


            10-3.1 (aggravated unlawful restraint),

            11-9.1(A) (permitting sexual abuse of a child). 

            An attempt to commit any of these offenses.


            (iv) A violation of any former law of this State 
        substantially
equivalent to any offense listed in 
        clause (2)(i) or (2)(ii) of subsection (d) of this

        Section.


        (2.5) For the purposes of subsections (b-5) and (b-10) 
    only, a sex offense means:


            (i) A violation of any of the following Sections of 
        the Criminal Code of
1961 or the Criminal Code of 2012:


             10-5(b)(10) (child luring), 10-7 (aiding or 
        abetting child abduction
under Section 10-5(b)(10)), 
        11-1.40 (predatory criminal sexual assault of a 
        child), 11-6 (indecent solicitation of
a
child), 
        11-6.5 (indecent solicitation of an adult), 11-9.2 
        (custodial sexual misconduct),  11-9.5 (sexual 
        misconduct with a person with a disability), 11-11 
        (sexual relations within families), 11-14.3(a)(1) 
        (promoting prostitution by advancing prostitution),  
        11-14.3(a)(2)(A) (promoting prostitution by profiting 
        from prostitution by compelling a person to be a 
        prostitute), 11-14.3(a)(2)(C) (promoting prostitution 
        by profiting from prostitution by means other than as 
        described in subparagraphs (A) and (B) of paragraph (2) 
        of subsection (a) of Section 11-14.3), 11-14.4 
        (promoting juvenile prostitution), 11-18.1

        (patronizing a juvenile prostitute), 11-20.1 (child 
        pornography), 11-20.1B (aggravated child pornography), 
        11-25 (grooming), 11-26 (traveling to meet a minor or 
        traveling to meet a child), or 12-33 (ritualized abuse 
        of a
child).  An attempt
to commit any of
these 
        offenses.


            (ii) A violation of any of the following Sections 
        of the Criminal Code
of 1961 or the Criminal Code of 
        2012, when the victim is a person under 18 years of 
        age: 11-1.20 (criminal
sexual assault), 11-1.30 
        (aggravated criminal sexual assault), 11-1.60
 
        (aggravated criminal sexual abuse), and subsection (a) 
        of Section 11-1.50
(criminal sexual abuse).  An attempt 
        to commit
any of these offenses.


            (iii) A violation of any of the following Sections 
        of the Criminal Code
of 1961 or the Criminal Code of 
        2012, when the victim is a person under 18 years of age 
        and the defendant is
not a parent of the victim:


            10-1 (kidnapping),


            10-2 (aggravated kidnapping),


            10-3 (unlawful restraint),


            10-3.1 (aggravated unlawful restraint),

            11-9.1(A) (permitting sexual abuse of a child). 

            An attempt to commit any of these offenses.


            (iv) A violation of any former law of this State 
        substantially
equivalent to any offense listed in this 
        paragraph (2.5) of
this subsection.


        (3) A conviction for an offense of federal law or the 
    law of another state
that is substantially equivalent to 
    any offense listed in paragraph (2) of
subsection (d) of 
    this Section shall constitute a conviction for the purpose 
    of
this Section.  A finding or adjudication as a sexually 
    dangerous person under
any federal law or law of another 
    state that is substantially equivalent to the
Sexually 
    Dangerous Persons Act shall constitute an adjudication for 
    the
purposes of this Section.

        (4) "Authorized emergency vehicle", "rescue vehicle", 
    and "vehicle" have the meanings ascribed to them in 
    Sections 1-105, 1-171.8 and 1-217, respectively, of the 
    Illinois Vehicle Code. 
        (5) "Child care institution" has the meaning ascribed 
    to it in Section 2.06 of the Child Care Act of 1969. 
        (6) "Day care center" has the meaning ascribed to it in 
    Section 2.09 of the Child Care Act of 1969. 
        (7) "Day care home" has the meaning ascribed to it in 
    Section 2.18 of the Child Care Act of 1969.
        (8) "Facility providing programs or services directed 
    towards persons under the age of 18" means any facility 
    providing programs or services exclusively directed 
    towards persons under the age of 18.
        (9) "Group day care home" has the meaning ascribed to 
    it in Section 2.20 of the Child Care Act of 1969. 
        (10) "Internet" has the meaning set forth in Section 
    16-0.1 of this Code. 


        (11) "Loiter" means:


            (i) Standing, sitting idly, whether or not the 
        person is in a vehicle, or
remaining in or around 
        school or public park property.


            (ii) Standing, sitting idly, whether or not the 
        person is in a vehicle,
or remaining in or around 
        school or public park property, for the purpose of 
        committing or
attempting to commit a sex offense.

            (iii) Entering or remaining in a building in or 
        around school property, other than the offender's 
        residence.
        (12) "Part day child care facility" has the meaning 
    ascribed to it in Section 2.10 of the Child Care Act of 
    1969. 
        (13) "Playground" means a piece of land owned or 
    controlled by a unit
of
local government that is designated 
    by the unit of local government for use
solely or primarily 
    for children's recreation. 
        (14) "Public park" includes a park, forest preserve, 
    bikeway, trail, or
conservation
area
under the 
    jurisdiction of the State or a unit of local government. 
        (15) "School" means a public or private preschool or 
    elementary or secondary school. 

        (16) "School official"
means the principal, a teacher, 
    or any other certified employee of the
school, the 
    superintendent of schools or a member of the school board.

    (e)  For the purposes of this Section, the 500 feet distance 
shall be measured from: (1) the edge of the property of the 
school building or the real property comprising the school that 
is closest to the edge of the property of the child sex 
offender's residence or where he or she is loitering, and (2) 
the edge of the property comprising the public park building or 
the real property comprising the public park, playground, child 
care institution, day care center, part day child care 
facility, or facility providing programs or services 
exclusively directed toward persons under 18 years of age, or a 
victim of the sex offense who is under 21 years of age, to the 
edge of the child sex offender's place of residence or place 
where he or she is loitering.

    (f) Sentence.  A person who violates this Section is guilty 
of a Class 4
felony.

(Source: P.A. 97-698, eff. 1-1-13; 97-699, eff. 1-1-13; 
97-1150, eff. 1-25-13; 98-266, eff. 1-1-14.)
 
    (720 ILCS 5/11-25)
    Sec. 11-25. Grooming.
    (a) A person commits grooming when he or she knowingly uses 
a computer on-line service, Internet service, local bulletin 
board service, or any other device capable of electronic data 
storage or transmission to seduce, solicit, lure, or entice, or 
attempt to seduce, solicit, lure, or entice, a child, a child's 
guardian, or another person believed by the person to be a 
child or a child's guardian, to commit any sex offense as 
defined in Section 2 of the Sex Offender Registration Act, to 
distribute photographs depicting the sex organs of the child, 
or to otherwise engage in any unlawful sexual conduct with a 
child or with another person believed by the person to be a 
child. As used in this Section,  "child" means a person under 17 
years of age. 
    (b)  Sentence. Grooming is a Class 4 felony. 

(Source: P.A. 98-919, eff. 1-1-15.)
 
    (720 ILCS 5/11-26)
    Sec. 11-26. Traveling to meet a child minor.
    (a) A person commits the offense of traveling to meet a 
child minor when he or she travels any distance either within 
this State, to this State, or from this State by any means, 
attempts to do so, or causes another to do so or attempt to do 
so for the purpose of engaging in any sex offense as defined in 
Section 2 of the Sex Offender Registration Act, or to otherwise 
engage in other unlawful sexual conduct with a child or with 
another person believed by the person to be a child after using 
a computer on-line service, Internet service, local bulletin 
board service, or any other device capable of electronic data 
storage or transmission to seduce, solicit, lure, or entice, or 
to attempt to seduce, solicit, lure, or entice, a child or a 
child's guardian, or another person believed by the person to 
be a child or a child's guardian, for such purpose. As used in 
this Section,  "child" means a person under 17 years of age.
    (b) Sentence. Traveling to meet a child minor is a Class 3 
felony. 

(Source: P.A. 95-901, eff. 1-1-09.)
  
 
    Section 15. The Sex Offender Registration Act is amended by 
changing Section 2 as follows:
 


    (730 ILCS 150/2)  (from Ch. 38, par. 222)



    Sec. 2. Definitions. 

    (A) As used in this Article, "sex offender" means any 
person who is:


        (1) charged pursuant to Illinois law, or any 
    substantially similar
federal, Uniform Code of Military 
    Justice, sister state, or foreign country
law,
with a sex 
    offense set forth
in subsection (B) of this Section or the 
    attempt to commit an included sex
offense, and:


            (a) is convicted of such offense or an attempt to 
        commit such offense;
or


            (b) is found not guilty by reason of insanity of 
        such offense or an
attempt to commit such offense; or


            (c) is found not guilty by reason of insanity 
        pursuant to Section
104-25(c) of the Code of Criminal 
        Procedure of 1963 of such offense or an
attempt to 
        commit such offense; or


            (d) is the subject of a finding not resulting in an 
        acquittal at a
hearing conducted pursuant to Section 
        104-25(a) of the Code of Criminal
Procedure of 1963 for 
        the alleged commission or attempted commission of such

        offense; or


            (e) is found not guilty by reason of insanity 
        following a hearing
conducted pursuant to a federal, 
        Uniform Code of Military Justice, sister
state, or 
        foreign country law
substantially similar to Section 
        104-25(c) of the Code of Criminal Procedure
of 1963 of 
        such offense or of the attempted commission of such 
        offense; or


            (f) is the subject of a finding not resulting in an 
        acquittal at a
hearing conducted pursuant to a federal, 
        Uniform Code of Military Justice,
sister state, or 
        foreign country law
substantially similar to Section 
        104-25(a) of the Code of Criminal Procedure
of 1963 for 
        the alleged violation or attempted commission of such 
        offense;
or


        (2) declared as a sexually dangerous person pursuant to 
    the Illinois
Sexually Dangerous Persons Act, or any 
    substantially similar federal, Uniform
Code of Military 
    Justice, sister
state, or foreign country law; or


        (3) subject to the provisions of Section 2 of the 
    Interstate
Agreements on Sexually Dangerous Persons Act; 
    or


        (4) found to be a sexually violent person pursuant to 
    the Sexually
Violent Persons Commitment Act or any 
    substantially similar federal, Uniform
Code of Military 
    Justice, sister
state, or foreign country law; or


        (5) adjudicated a juvenile delinquent as the result of 
    committing or
attempting to commit an act which, if 
    committed by an adult, would constitute
any of the offenses 
    specified in item (B), (C), or (C-5) of this Section or a

    violation of any substantially similar federal, Uniform 
    Code of Military
Justice, sister state, or foreign
country 
    law, or found guilty under Article V of the Juvenile Court 
    Act of 1987
of committing or attempting to commit an act 
    which, if committed by an adult,
would constitute any of 
    the offenses specified in item (B), (C), or (C-5) of
this 
    Section or a violation of any substantially similar 
    federal, Uniform Code
of Military Justice, sister state,
or 
    foreign country law.

    Convictions that result from or are connected with the same 
act, or result
from offenses committed at the same time, shall 
be counted for the purpose of
this Article as one conviction.  
Any conviction set aside pursuant to law is
not a conviction 
for purposes of this Article.

    
For purposes of this Section, "convicted" shall have the 
same meaning as
"adjudicated".

    (B) As used in this Article, "sex offense" means:


        (1) A violation of any of the following Sections of the 
    Criminal Code of
1961 or the Criminal Code of 2012:


            11-20.1 (child pornography),

            11-20.1B or 11-20.3 (aggravated child 
        pornography),


            11-6 (indecent solicitation of a child),


            11-9.1 (sexual exploitation of a child),

            11-9.2 (custodial sexual misconduct),

            11-9.5 (sexual misconduct with a person with a 
        disability), 
            11-14.4 (promoting juvenile prostitution), 

            11-15.1 (soliciting for a juvenile prostitute),


            11-18.1 (patronizing a juvenile prostitute),


            11-17.1 (keeping a place of juvenile 
        prostitution),


            11-19.1 (juvenile pimping),


            11-19.2 (exploitation of a child), 

            11-25 (grooming), 
            11-26 (traveling to meet a minor or traveling to 
        meet a child), 

            11-1.20 or 12-13 (criminal sexual assault), 


            11-1.30 or 12-14 (aggravated criminal sexual 
        assault),


            11-1.40 or 12-14.1 (predatory criminal sexual 
        assault of a child),


            11-1.50 or 12-15 (criminal sexual abuse),


            11-1.60 or 12-16 (aggravated criminal sexual 
        abuse),


            12-33 (ritualized abuse of a child).


            An attempt to commit any of these offenses.


        (1.5)
A violation of any of the following Sections of 
    the
Criminal Code of 1961 or the Criminal Code of 2012, 
    when the victim is a person under 18 years of age, the

    defendant is not a parent of the victim, the offense was 
    sexually motivated as defined in Section 10 of the Sex 
    Offender Evaluation and Treatment Act, and the offense was 
    committed on or
after January 1, 1996:


            10-1 (kidnapping),


            10-2 (aggravated kidnapping),


            10-3 (unlawful restraint),


            10-3.1 (aggravated unlawful restraint).

        If the offense was committed before January 1, 1996, it 
    is a sex offense requiring registration only when the 
    person is convicted of any felony after July 1, 2011, and 
    paragraph (2.1) of subsection (c) of Section 3 of this Act 
    applies. 

        (1.6)
First degree murder under Section 9-1 of the 
    Criminal Code of 1961 or the Criminal Code of 2012,

    provided the offense was sexually motivated as defined in 
    Section 10 of the Sex Offender Management Board Act.


        (1.7) (Blank).


        (1.8) A violation or attempted violation of Section 
    11-11 (sexual
relations within families) of the Criminal 
    Code of 1961 or the Criminal Code of 2012, and the offense 
    was committed on or after
June 1, 1997. If the offense was 
    committed before June 1, 1997, it is a sex offense 
    requiring registration only when the person is convicted of 
    any felony after July 1, 2011, and paragraph (2.1) of 
    subsection (c) of Section 3 of this Act applies. 


        (1.9) Child abduction under paragraph (10) of 
    subsection
(b) of Section 10-5 of the Criminal Code of 1961 
    or the Criminal Code of 2012 committed by luring or

    attempting to lure a child under the age of 16 into a motor 
    vehicle, building,
house trailer, or dwelling place 
    without the consent of the parent or lawful
custodian of 
    the child for other than a lawful purpose and the offense 
    was
committed on or after January 1, 1998, provided the 
    offense was sexually motivated as defined in Section 10 of 
    the Sex Offender Management Board Act. If the offense was 
    committed before January 1, 1998, it is a sex offense 
    requiring registration only when the person is convicted of 
    any felony after July 1, 2011, and paragraph (2.1) of 
    subsection (c) of Section 3 of this Act applies. 


        (1.10) A violation or attempted violation of any of the 
    following Sections
of the Criminal Code of 1961 or the 
    Criminal Code of 2012 when the offense was committed on or 
    after July
1, 1999:


            10-4 (forcible detention, if the victim is under 18 
        years of age), provided the offense was sexually 
        motivated as defined in Section 10 of the Sex Offender 
        Management Board Act,


            11-6.5 (indecent solicitation of an adult),


            11-14.3 that involves soliciting for a prostitute, 
        or 11-15 (soliciting for a prostitute, if the victim is 
        under 18 years
of age),


            subdivision (a)(2)(A) or (a)(2)(B) of Section 
        11-14.3, or Section 11-16 (pandering, if the victim is 
        under 18 years of age),


            11-18 (patronizing a prostitute, if the victim is 
        under 18 years
of age),


            subdivision (a)(2)(C) of Section 11-14.3, or 
        Section 11-19 (pimping, if the victim is under 18 years 
        of age).

        If the offense was committed before July 1, 1999, it is 
    a sex offense requiring registration only when the person 
    is convicted of any felony after July 1, 2011, and 
    paragraph (2.1) of subsection (c) of Section 3 of this Act 
    applies. 

        (1.11) A violation or attempted violation of any of the 
    following
Sections of the Criminal Code of 1961 or the 
    Criminal Code of 2012 when the offense was committed on or

    after August 22, 2002:


            11-9 or 11-30 (public indecency for a third or 
        subsequent conviction).
        If the third or subsequent conviction was imposed 
    before August 22, 2002, it is a sex offense requiring 
    registration only when the person is convicted of any 
    felony after July 1, 2011, and paragraph (2.1) of 
    subsection (c) of Section 3 of this Act applies. 


        (1.12) A violation or attempted violation of Section

    5.1 of the Wrongs to Children Act or Section 11-9.1A of the 
    Criminal Code of 1961 or the Criminal Code of 2012 
    (permitting sexual abuse) when the
offense was committed on 
    or after August 22, 2002.  If the offense was committed 
    before August 22, 2002, it is a sex offense requiring 
    registration only when the person is convicted of any 
    felony after July 1, 2011, and paragraph (2.1) of 
    subsection (c) of Section 3 of this Act applies. 


        (2) A violation of any former law of this State 
    substantially equivalent
to any offense listed in 
    subsection (B) of this Section.

    (C) A conviction for an offense of federal law, Uniform 
Code of Military
Justice, or the law of another state
or a 
foreign country that is substantially equivalent to any offense 
listed
in subsections (B), (C), (E), and (E-5) of this Section 
shall
constitute a
conviction for the purpose
of this Article.  
A finding or adjudication as a sexually dangerous person
or a 
sexually violent person under any federal law, Uniform Code of 
Military
Justice, or the law of another state or
foreign 
country that is substantially equivalent to the Sexually 
Dangerous
Persons Act or the Sexually Violent Persons 
Commitment Act shall constitute an
adjudication for the 
purposes of this Article.

    (C-5) A person at least 17 years of age at the time of the 
commission of
the offense who is convicted of first degree 
murder under Section 9-1 of the
Criminal Code of 1961 or the 
Criminal Code of 2012, against a person
under 18 years of age, 
shall be required to register
for natural life.
A conviction 
for an offense of federal, Uniform Code of Military Justice,

sister state, or foreign country law that is substantially 
equivalent to any
offense listed in subsection (C-5) of this 
Section shall constitute a
conviction for the purpose of this 
Article. This subsection (C-5) applies to a person who 
committed the offense before June 1, 1996 if: (i) the person is 
incarcerated in an Illinois Department of Corrections facility 
on August 20, 2004 (the effective date of Public Act 93-977), 
or (ii) subparagraph (i) does not apply and the person is 
convicted of any felony after July 1, 2011, and paragraph (2.1) 
of subsection (c) of Section 3 of this Act applies.

    (C-6)  A person who is convicted or adjudicated delinquent 
of first degree murder as defined in Section 9-1 of the 
Criminal Code of 1961 or the Criminal Code of 2012, against a 
person 18 years of age or over, shall be required to register 
for his or her natural life. A conviction for an offense of 
federal, Uniform Code of Military Justice, sister state, or 
foreign country law that is substantially equivalent to any 
offense listed in subsection (C-6) of this Section shall 
constitute a conviction for the purpose of this Article. This 
subsection (C-6) does not apply to those individuals released 
from incarceration more than 10 years prior to January 1, 2012 
(the effective date of Public Act 97-154). 
    (D) As used in this Article, "law enforcement agency having 
jurisdiction"
means the Chief of Police in each of the 
municipalities in which the sex offender
expects to reside, 
work, or attend school (1) upon his or her discharge,
parole or 
release or
(2) during the service of his or her sentence of 
probation or conditional
discharge, or the Sheriff of the 
county, in the event no Police Chief exists
or if the offender 
intends to reside, work, or attend school in an
unincorporated 
area.
"Law enforcement agency having jurisdiction" includes 
the location where
out-of-state students attend school and 
where out-of-state employees are
employed or are otherwise 
required to register.

    (D-1) As used in this Article, "supervising officer" means 
the assigned Illinois Department of Corrections parole agent or 
county probation officer. 
    (E) As used in this Article, "sexual predator" means any 
person who,
after July 1, 1999, is:


        (1) Convicted for an offense of federal, Uniform Code 
    of Military
Justice, sister state, or foreign country law 
    that is substantially equivalent
to any offense listed in 
    subsection (E) or (E-5) of this Section shall constitute a

    conviction for the purpose of this Article.
Convicted of a 
    violation or attempted violation of any of the following

    Sections of the
Criminal Code of 1961 or the Criminal Code 
    of 2012:

            10-5.1 (luring of a minor),

            11-14.4 that involves keeping a place of juvenile 
        prostitution, or 11-17.1 (keeping a place of juvenile 
        prostitution),


            subdivision (a)(2) or (a)(3) of Section 11-14.4, 
        or Section 11-19.1 (juvenile pimping),


            subdivision (a)(4) of Section 11-14.4, or Section 
        11-19.2 (exploitation of a child),


            11-20.1 (child pornography),

            11-20.1B or 11-20.3 (aggravated child 
        pornography),

            11-1.20 or 12-13 (criminal sexual assault),


            11-1.30 or 12-14 (aggravated criminal sexual 
        assault),


            11-1.40 or 12-14.1 (predatory criminal sexual 
        assault of a child),


            11-1.60 or 12-16 (aggravated criminal sexual 
        abuse),


            12-33 (ritualized abuse of a child);


        (2) (blank);


        (3) declared as a sexually dangerous person pursuant to 
    the Sexually
Dangerous Persons Act or any substantially 
    similar federal, Uniform Code of
Military Justice, sister 
    state, or
foreign country law;


        (4) found to be a sexually violent person pursuant to 
    the Sexually Violent
Persons Commitment Act or any 
    substantially similar federal, Uniform Code of
Military 
    Justice, sister state, or
foreign country law;


        (5) convicted of a second or subsequent offense which 
    requires
registration pursuant to this Act.  For purposes of 
    this paragraph
(5), "convicted" shall include a conviction 
    under any
substantially similar
Illinois, federal, Uniform 
    Code of Military Justice, sister state, or
foreign country 
    law;

        (6) (blank); or
        (7)  if the person was convicted of an offense set forth 
    in this subsection (E) on or before July 1, 1999, the 
    person is a sexual predator for whom registration is 
    required only when the person is convicted of a felony 
    offense after July 1, 2011, and paragraph (2.1) of 
    subsection (c) of Section 3 of this Act applies. 
    (E-5)  As used in this Article, "sexual predator" also means 
a person convicted of a violation or attempted violation of any 
of the following
Sections of the
Criminal Code of 1961 or the 
Criminal Code of 2012: 
        (1) Section 9-1 (first degree murder,
when the victim 
    was a person under 18 years of age and the defendant was at 
    least
17 years of age at the time of the commission of the 
    offense, provided the offense was sexually motivated as 
    defined in Section 10 of the Sex Offender Management Board 
    Act);
        (2)  Section 11-9.5 (sexual misconduct with a person 
    with a disability);
        (3)  when the victim is a person under 18 years of age, 
    the
defendant is not a parent of the victim, the offense 
    was sexually motivated as defined in Section 10 of the Sex 
    Offender Management Board Act, and the offense was 
    committed on or
after January 1, 1996:  (A) Section 10-1 
    (kidnapping), (B)  Section 10-2 (aggravated kidnapping), 
    (C) Section 10-3 (unlawful restraint),  and (D) Section 
    10-3.1 (aggravated unlawful restraint); and
        (4)  Section 10-5(b)(10) (child abduction committed by 
    luring or
attempting to lure a child under the age of 16 
    into a motor vehicle, building,
house trailer, or dwelling 
    place without the consent of the parent or lawful
custodian 
    of the child for other than a lawful purpose and the 
    offense was
committed on or after January 1, 1998, provided 
    the offense was sexually motivated as defined in Section 10 
    of the Sex Offender Management Board Act).
    (E-10) As used in this Article, "sexual predator" also 
means a person required to register in another State due to a 
conviction, adjudication or other action of any court 
triggering an obligation to register as a sex offender, sexual 
predator, or substantially similar status under the laws of 
that State. 
    (F) As used in this Article, "out-of-state student" means 
any sex
offender, as defined in this Section,
or sexual 
predator who is enrolled in Illinois, on a full-time or 
part-time
basis, in any public or private educational 
institution, including, but not
limited to, any secondary 
school, trade or professional institution, or
institution of 
higher learning.

    (G) As used in this Article, "out-of-state employee" means 
any sex
offender, as defined in this Section,
or sexual 
predator who works in Illinois, regardless of whether the 
individual
receives payment for services performed, for a 
period of time of 10 or more days
or for an aggregate period of 
time of 30 or more days
during any calendar year.
Persons who 
operate motor vehicles in the State accrue one day of 
employment
time for any portion of a day spent in Illinois.

    (H) As used in this Article, "school" means any public or 
private educational institution, including, but not limited 
to, any elementary or secondary school, trade or professional 
institution, or institution of higher education.
    (I) As used in this Article, "fixed residence" means any 
and all places that a sex offender resides for an aggregate 
period of time of 5 or more days in a calendar year.

    (J) As used in this Article, "Internet protocol address" 
means the string of numbers by which a location on the Internet 
is identified by routers or other computers connected to the 
Internet.
(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; 
96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; 
97-1073, eff. 1-1-13; 97-1098, eff. 1-1-13; 97-1109, eff. 
1-1-13; 97-1150, eff. 1-25-13.)