Public Act 102-0567
 
SB2567 EnrolledLRB102 16570 KMF 21967 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 Abused and Neglected Child Reporting Act is 
amended  by changing Section 3 as follows:
 
    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
    Sec. 3. As used in this Act unless the context otherwise 
requires: 
    "Adult resident" means any person between 18 and 22 years 
of age who resides in any facility licensed by the Department 
under the Child Care Act of 1969. For purposes of this Act, the 
criteria set forth in the definitions of  "abused child" and 
"neglected child" shall be used in determining whether an 
adult resident is abused or neglected.
    "Agency" means a child care facility licensed under 
Section 2.05 or Section 2.06 of the Child Care Act of 1969 and 
includes a transitional living program that accepts children 
and adult residents for placement who are in the guardianship 
of the Department. 
    "Blatant disregard" means an incident where the real, 
significant, and imminent risk of harm would be so obvious to a 
reasonable parent or caretaker that it is unlikely that a 
reasonable parent or caretaker would have exposed the child to 
the danger without exercising precautionary measures to 
protect the child from harm. With respect to a person working 
at an agency in his or her professional capacity with a child 
or adult resident, "blatant disregard" includes a failure by 
the person to perform job responsibilities intended to protect 
the child's or adult resident's health, physical well-being, 
or welfare, and, when viewed in light of the surrounding 
circumstances, evidence exists that would cause a reasonable 
person to believe that the child was neglected.  With respect 
to an agency, "blatant disregard" includes a failure to 
implement practices that ensure the health, physical 
well-being, or welfare of the children and adult residents 
residing in the facility. 
    "Child" means any person under the age of 18 years, unless 
legally
emancipated by reason of marriage or entry into a 
branch of the United
States armed services.
    "Department" means Department of Children and Family 
Services.
    "Local law enforcement agency" means the police of a city, 
town,
village or other incorporated area or the sheriff of an 
unincorporated
area or any sworn officer of the Illinois 
Department of State Police.
    "Abused child"
means a child whose parent or immediate 
family
member,
or any person responsible for the child's 
welfare,  or any individual
residing in the same home as the 
child, or a paramour of the child's parent:
        (a) inflicts, causes to be inflicted, or allows to be

    inflicted upon
such child physical injury, by other than 
    accidental means, which causes
death, disfigurement, 
    impairment of physical or
emotional health, or loss or 
    impairment of any bodily function;
        (b) creates a substantial risk of physical injury to 
    such
child by
other than accidental means which would be 
    likely to cause death,
disfigurement, impairment of 
    physical or emotional health, or loss or
impairment of any 
    bodily function;
        (c) commits or allows to be committed any sex offense 
    against
such child,
as such sex offenses are defined in 
    the Criminal Code of 2012 or in the Wrongs to Children Act,

    and extending those definitions of sex offenses to include 
    children under
18 years of age;
        (d) commits or allows to be committed an act or acts of

    torture upon
such child;
        (e) inflicts excessive corporal punishment or, in the 
    case of a person working for an agency who is prohibited 
    from using corporal punishment, inflicts corporal 
    punishment upon a child or adult resident with whom the 
    person is working in his or her professional capacity;  
        (f) commits or allows to be committed
the offense of

    female
genital mutilation, as defined in Section 12-34 of 
    the Criminal Code of
2012, against the child;
        (g) causes to be sold, transferred, distributed, or 
    given to
such child
under 18 years of age, a controlled 
    substance as defined in Section 102 of the
Illinois 
    Controlled  Substances Act in violation of Article IV of 
    the Illinois
Controlled Substances Act or in violation of 
    the Methamphetamine Control and Community Protection Act, 
    except for controlled substances that are prescribed
in 
    accordance with Article III of the Illinois Controlled 
    Substances Act and
are dispensed to such child in a manner 
    that substantially complies with the
prescription; or
        (h) commits or allows to be committed the offense of 
    involuntary servitude, involuntary sexual servitude of a 
    minor, or trafficking in persons as defined in Section 
    10-9 of the Criminal Code of 2012 against the child. 
    A child shall not be considered abused for the sole reason 
that the child
has been relinquished in accordance with the 
Abandoned Newborn Infant
Protection Act.
    "Neglected child" means any child who is not receiving the 
proper or
necessary nourishment or medically indicated 
treatment including food or care
not provided solely on the 
basis of the present or anticipated mental or
physical 
impairment as determined by a physician acting alone or in

consultation with other physicians or otherwise is not 
receiving the proper or
necessary support or medical or other 
remedial care recognized under State law
as necessary for a 
child's well-being, or other care necessary for his or her

well-being, including adequate food, clothing and shelter; or 
who is subjected to an environment which is injurious insofar 
as (i) the child's environment creates a likelihood of harm to 
the child's health, physical well-being, or welfare and (ii) 
the likely harm to the child is the result of a blatant 
disregard of parent, caretaker, person responsible for the 
child's welfare, or agency responsibilities; or who is 
abandoned
by his or her parents or other person responsible 
for the child's welfare
without a proper plan of care;    or who 
has been provided with interim crisis intervention services 
under
Section 3-5 of
the Juvenile Court Act of 1987 and  whose 
parent, guardian, or custodian refuses to
permit
the child to 
return home and no other living arrangement agreeable
to the 
parent, guardian, or custodian can be made, and the parent, 
guardian, or custodian has not made any other appropriate 
living arrangement for the child; or who is a newborn infant 
whose blood, urine,
or meconium
contains any amount of a 
controlled substance as defined in subsection (f) of
Section 
102 of the Illinois Controlled Substances Act or a metabolite 
thereof,
with the exception of a controlled substance or 
metabolite thereof whose
presence in the newborn infant is the 
result of medical treatment administered
to the mother or the 
newborn infant. A child shall not be considered neglected
for 
the sole reason that the child's parent or other person 
responsible for his
or her welfare has left the child in the 
care of an adult relative for any
period of time. A child shall 
not be considered neglected for the sole reason
that the child 
has been relinquished in accordance with the Abandoned Newborn

Infant Protection Act.  A child shall not be considered 
neglected or abused
for the
sole reason that such child's 
parent or other person responsible for his or her
welfare 
depends upon spiritual means through prayer alone for the 
treatment or
cure of disease or remedial care as provided 
under Section 4 of this Act.  A
child shall not be considered 
neglected or abused solely because the child is
not attending 
school in accordance with the requirements of Article 26 of 
The
School Code, as amended.
    "Child Protective Service Unit" means certain specialized 
State employees of
the Department assigned by the Director to 
perform the duties and
responsibilities as provided under 
Section 7.2 of this Act.
    "Near fatality" means an act that, as certified by a 
physician, places the child in serious or critical condition,  
including  acts of great bodily harm inflicted upon children 
under 13 years of age, and as otherwise defined by Department 
rule.
    "Great bodily harm" includes bodily injury which creates a 
high probability of death, or which causes serious permanent 
disfigurement, or which causes a permanent or protracted loss 
or impairment of the function of any bodily member or organ, or 
other serious bodily harm.
    "Person responsible for the child's welfare" means the 
child's parent;
guardian; foster parent; relative caregiver; 
any person responsible for the
child's welfare in a public or 
private residential agency or institution; any
person 
responsible for the child's welfare within a public or private 
profit or
not for profit child care facility; or any other 
person responsible for the
child's welfare at the time of the 
alleged abuse or neglect, including any person who commits or 
allows to be committed, that is the custodian of a child under 
18 years of age who commits or allows to be committed, against 
the child, the offense of involuntary servitude, involuntary 
sexual servitude of a minor, or trafficking in persons for 
forced labor or services, as provided in Section 10-9 of the 
Criminal Code of 2012, including but not limited to the 
custodian of the minor, or any person who
came to know the 
child through an official capacity or position of trust,

including but not limited to health care professionals, 
educational personnel,
recreational supervisors, members of 
the clergy, and volunteers or
support personnel in any setting

where children may be subject to abuse or neglect.
    "Temporary protective custody" means custody within a 
hospital or
other medical facility or a place previously 
designated for such custody
by the Department, subject to 
review by the Court, including a licensed
foster home, group 
home, or other institution; but such place shall not
be a jail 
or other place for the detention of criminal or juvenile 
offenders.
    "An unfounded report" means any report made under this Act 
for which
it is determined after an investigation that no 
credible evidence of
abuse or neglect exists.
    "An indicated report" means a report made under this Act 
if an
investigation determines that credible evidence of the 
alleged
abuse or neglect exists.
    "An undetermined report" means any report made under this 
Act in
which it was not possible to initiate or complete an 
investigation on
the basis of information provided to the 
Department.
    "Subject of report" means any child reported to the 
central register
of child abuse and neglect established under 
Section 7.7 of this Act as an alleged victim of child abuse or 
neglect and
the parent or guardian of the alleged victim or 
other person responsible for the alleged victim's welfare who 
is named in the report or added to the report as an alleged 
perpetrator of child abuse or neglect.
    "Perpetrator" means a person who, as a result of 
investigation, has
been determined by the Department to have 
caused child abuse or neglect.
    "Member of the clergy" means a clergyman or practitioner 
of any religious
denomination accredited by the religious body 
to which he or she belongs.
(Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19.)
 
    Section 10. The Criminal Code of 2012 is amended  by 
changing Sections 11-0.1, 11-1.60, 11-20.1, 11-1.70, and 26-4 
as follows:
 
    (720 ILCS 5/11-0.1)
    Sec. 11-0.1. Definitions. In this Article, unless the 
context clearly requires otherwise, the following terms are 
defined as indicated:
    "Accused" means a person accused of an offense prohibited 
by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of 
this Code or a person for whose conduct the accused is legally 
responsible under Article 5 of this Code.
    "Adult obscenity or child pornography Internet site". See 
Section 11-23.
    "Advance prostitution" means:
        (1) Soliciting for a prostitute by performing any of 
    the following acts when acting other than as a prostitute 
    or a patron of a prostitute:
            (A) Soliciting another for the purpose of 
        prostitution.
            (B) Arranging or offering to arrange a meeting of 
        persons for the purpose of prostitution.
            (C) Directing another to a place knowing the 
        direction is for the purpose of prostitution.
        (2) Keeping a place of prostitution by controlling or 
    exercising control over the use of any place that could 
    offer seclusion or shelter for the practice of 
    prostitution and performing any of the following acts when 
    acting other than as a prostitute or a patron of a 
    prostitute:
            (A) Knowingly granting or permitting the use of 
        the place for the purpose of prostitution.
            (B) Granting or permitting the use of the place 
        under circumstances from which he or she could 
        reasonably know that the place is used or is to be used 
        for purposes of prostitution.
            (C) Permitting the continued use of the place 
        after becoming aware of facts or circumstances from 
        which he or she should reasonably know that the place 
        is being used for purposes of prostitution. 
    "Agency". See Section 11-9.5.
    "Arranges". See Section 11-6.5.
    "Bodily harm" means physical harm, and includes, but is 
not limited to, sexually transmitted disease, pregnancy, and 
impotence.
    "Care and custody". See Section 11-9.5.
    "Child care institution". See Section 11-9.3.
    "Child pornography". See Section 11-20.1.
    "Child sex offender". See Section 11-9.3.
    "Community agency". See Section 11-9.5.
    "Conditional release". See Section 11-9.2.
    "Consent" means a freely given agreement to the act of 
sexual penetration or sexual conduct in question. Lack of 
verbal or physical resistance or submission by the victim 
resulting from the use of force or threat of force by the 
accused shall not constitute consent. The manner of dress of 
the victim at the time of the offense shall not constitute 
consent.  See Section 11-1.70.
    "Custody". See Section 11-9.2.
    "Day care center". See Section 11-9.3.
    "Depict by computer". See Section 11-20.1.
    "Depiction by computer". See Section 11-20.1.
    "Disseminate". See Section 11-20.1.
    "Distribute". See Section 11-21.
    "Family member" means a parent, grandparent, child, aunt, 
uncle, great-aunt, or great-uncle, whether by whole blood, 
half-blood, or adoption, and includes a step-grandparent, 
step-parent, or step-child. "Family member" also means, if the 
victim is a child under 18 years of age, an accused who has 
resided in the household with the child continuously for at 
least 6 months.
    "Force or threat of force" means the use of force or 
violence or the threat of force or violence, including, but 
not limited to, the following situations:
        (1) when the accused threatens to use force or 
    violence on the victim or on any other person, and the 
    victim under the circumstances reasonably believes that 
    the accused has the ability to execute that threat; or
        (2) when the accused overcomes the victim by use of 
    superior strength or size, physical restraint, or physical 
    confinement.
    "Harmful to minors". See Section 11-21.
    "Loiter". See Section 9.3. 
    "Material". See Section 11-21.
    "Minor". See Section 11-21.
    "Nudity". See Section 11-21.
    "Obscene". See Section 11-20.
    "Part day child care facility". See Section 11-9.3.
    "Penal system". See Section 11-9.2.
    "Person responsible for the child's welfare". See Section 
11-9.1A.
    "Person with a disability". See Section 11-9.5.
    "Playground". See Section 11-9.3.
    "Probation officer". See Section 11-9.2.
    "Produce". See Section 11-20.1.
    "Profit from prostitution" means, when acting other than 
as a prostitute, to receive anything of value for personally 
rendered prostitution services or to receive anything of value 
from a prostitute, if the thing received is not for lawful 
consideration and the person knows it was earned in whole or in 
part from the practice of prostitution. 
    "Public park". See Section 11-9.3.
    "Public place". See Section 11-30.
    "Reproduce". See Section 11-20.1.
    "Sado-masochistic abuse". See Section 11-21.
    "School". See Section 11-9.3. 
    "School official". See Section 11-9.3.
    "Sexual abuse". See Section 11-9.1A.
    "Sexual act". See Section 11-9.1.
    "Sexual conduct" means any knowing touching or fondling by 
the victim or the accused, either directly or through 
clothing, of the sex organs, anus, or breast of the victim or 
the accused, or any part of the body of a child under 13 years 
of age, or any transfer or transmission of semen by the accused 
upon any part of the clothed or unclothed body of the victim, 
for the purpose of sexual gratification or arousal of the 
victim or the accused.
    "Sexual excitement". See Section 11-21.
    "Sexual penetration" means any contact, however slight, 
between the sex organ or anus of one person and an object or 
the sex organ, mouth, or anus of another person, or any 
intrusion, however slight, of any part of the body of one 
person or of any animal or object into the sex organ or anus of 
another person, including, but not limited to, cunnilingus, 
fellatio, or anal penetration. Evidence of emission of semen 
is not required to prove sexual penetration.
    "Solicit". See Section 11-6.
    "State-operated facility". See Section 11-9.5.
    "Supervising officer". See Section 11-9.2.
    "Surveillance agent". See Section 11-9.2.
    "Treatment and detention facility". See Section 11-9.2.
    "Unable to give knowing consent" includes when the accused 
administers any intoxicating or anesthetic substance, or any 
controlled substance causing the victim to become unconscious 
of the nature of the act and this condition was known, or 
reasonably should have been known by the accused. As used in 
this paragraph, "unconscious of the nature of the act" means 
incapable of resisting because the victim meets any one of the 
following conditions:
        (1) was unconscious or asleep;
        (2) was not aware, knowing, perceiving, or cognizant 
    that the act occurred;
        (3) was not aware, knowing, perceiving, or cognizant 
    of the essential characteristics of the act due to the 
    perpetrator's fraud in fact; or
        (4) was not aware, knowing, perceiving, or cognizant 
    of the essential characteristics of the act due to the 
    perpetrator's fraudulent representation that the sexual 
    penetration served a professional purpose when it served 
    no professional purpose.
    A victim is presumed "unable to give knowing consent" when 
the victim:
        (1) is committed to the care and custody or 
    supervision of the Illinois Department of Corrections 
    (IDOC) and the accused is an employee or volunteer who is 
    not married to the victim who knows or reasonably should 
    know that the victim is committed to the care and custody 
    or supervision of such department;
        (2) is committed to or placed with the Department of 
    Children and Family Services (DCFS) and in residential 
    care, and the accused employee is not married to the 
    victim, and knows or reasonably should know that the 
    victim is committed to or placed with DCFS and in 
    residential care;
        (3) is a client or patient and the accused is a health 
    care provider or mental health care provider and the 
    sexual conduct or sexual penetration occurs during a 
    treatment session, consultation, interview, or 
    examination;
        (4) is a resident or inpatient of a residential 
    facility and the accused is an employee of the facility 
    who is not married to such resident or inpatient who 
    provides direct care services, case management services, 
    medical or other clinical services, habilitative services 
    or direct supervision of the residents in the facility in 
    which the resident resides; or an officer or other 
    employee, consultant, contractor or volunteer of the 
    residential facility, who knows or reasonably should know 
    that the person is a resident of such facility; or
        (5) is detained or otherwise in the custody of a 
    police officer, peace officer, or other law enforcement 
    official who: (i) is detaining or maintaining custody of 
    such person; or (ii) knows, or reasonably should know, 
    that at the time of the offense, such person was detained 
    or in custody and the police officer, peace officer, or 
    other law enforcement official is not married to such 
    detainee. 
    "Victim" means a person alleging to have been subjected to 
an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 
11-1.50, or 11-1.60 of this Code.

(Source: P.A. 96-1551, eff. 7-1-11.)
 

    (720 ILCS 5/11-1.60)  (was 720 ILCS 5/12-16)

    Sec. 11-1.60. Aggravated criminal sexual abuse. 

    (a) A person commits aggravated criminal sexual abuse if 
that person commits criminal sexual abuse and any of the 
following aggravating circumstances exist (i) during the 
commission of the offense or (ii) for purposes of paragraph 
(7), as part of the same course of conduct as the commission of 
the offense:
        (1) the person displays, threatens to use, or uses a 
    dangerous weapon or any other object fashioned or used in 
    a manner that leads the victim, under the circumstances, 
    reasonably to believe that the object is a dangerous 
    weapon;
        (2) the person causes bodily harm to the victim;
        (3) the victim is 60 years of age or older;
        (4) the victim is a person with a physical disability;
        (5) the person acts in a manner that threatens or 
    endangers the life of the victim or any other person;
        (6) the person commits the criminal sexual abuse 
    during the course of committing or attempting to commit 
    any other felony; or
        (7) the person delivers (by injection, inhalation, 
    ingestion, transfer of possession, or any other means) any 
    controlled substance to the victim for other than medical 
    purposes without the victim's consent or by threat or 
    deception.








    (b) A person commits aggravated criminal sexual abuse if 
that person
commits an act of sexual conduct with a victim who 
is under 18
years of age
and the person is a family member.

    (c) A person commits aggravated criminal sexual abuse if:


        (1) that person is 17 years of age or over and: (i) 
    commits an act of
sexual
conduct with a victim who is under 
    13 years of age; or
(ii) commits an act of sexual conduct 
    with a victim who is at least 13
years of age but under 17 
    years of age and the
person uses force or threat of force 
    to commit the act; or


        (2) that person is under 17 years of age and: (i) 
    commits an act of
sexual conduct with a victim who is under 
    9 years of age; or (ii) commits an act of sexual conduct 
    with a victim who is
at least 9 years of age but under 17 
    years of age and the person uses force or threat of force 
    to commit the act.

    (d) A person commits aggravated criminal sexual abuse if 
that person
commits an act of sexual penetration or sexual 
conduct with a victim
who is at least 13
years of age but under 
17 years of age and the person is at least 5 years
older than 
the victim.

    (e) A person commits aggravated criminal sexual abuse if 
that person
commits an act of sexual conduct with a victim who 
is a
person with a severe or profound intellectual disability.

    (f) A person commits aggravated criminal sexual abuse if

that person commits an act of sexual conduct with a victim who 
is at least
13 years of age but under 18 years of age and
the 
person is 17 years of age or over and holds a position of 
trust,
authority, or supervision in relation to the victim.

    (g) Sentence.  Aggravated criminal sexual abuse for a 
violation of subsection (a), (b), (c), (d) or (e) of this 
Section is a Class 2 felony. Aggravated criminal sexual abuse 
for a violation of subsection (f) of this Section is a Class 1 
felony. Aggravated criminal sexual abuse is a Class 2 felony. 

(Source: P.A. 99-143, eff. 7-27-15.)

 

    (720 ILCS 5/11-1.70)  (was 720 ILCS 5/12-17)

    Sec. 11-1.70. Defenses with respect to offenses described 
in Sections 11-1.20 through 11-1.60. 

    (a) It shall be a defense to any offense under Section 
11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code 
where force or threat of force is an element of the
offense 
that the victim consented.  "Consent" means a freely given

agreement to the act of sexual penetration or sexual conduct 
in question.
Lack of verbal or physical resistance or 
submission by the victim resulting
from the use of force or 
threat of force by the accused shall not
constitute consent.  
The manner of dress of the victim at the time of the
offense 
shall not constitute consent.

    (b) It shall be a defense under subsection (b) and 
subsection (c) of
Section 11-1.50 and subsection (d) of 
Section 11-1.60 of this Code that the
accused reasonably 
believed the person to be 17 years of age or over.

    (c) A person who initially consents to sexual penetration 
or sexual
conduct
is not deemed to have consented to any sexual 
penetration or sexual
conduct that occurs after he or she 
withdraws consent during the course of
that sexual penetration 
or sexual conduct.

(Source: P.A. 96-1551, eff. 7-1-11.)

 



    (720 ILCS 5/11-20.1)  (from Ch. 38, par. 11-20.1)



    Sec. 11-20.1. Child pornography. 

    (a) A person commits child pornography who:

        (1) films, videotapes, photographs, or otherwise 
    depicts or portrays by
means of any similar visual medium 
    or reproduction or depicts by computer any
child whom he 
    or she knows or reasonably should know to be under the age 
    of 18 or any
person with a severe or profound intellectual 
    disability where such child or person with a severe or 
    profound intellectual disability is:

            (i) actually or by simulation engaged in any act 
        of sexual
penetration or sexual conduct
with any 
        person or animal; or

            (ii) actually or by simulation engaged in any act 
        of sexual
penetration or sexual conduct
involving the 
        sex organs of the child or person with a severe or 
        profound intellectual disability and the mouth, anus, 
        or sex organs of
another person or animal; or which 
        involves the mouth, anus or sex organs
of the child or 
        person with a severe or profound intellectual 
        disability and the sex organs of another person or 
        animal; or

            (iii) actually or by simulation engaged in any act 
        of masturbation; or

            (iv) actually or by simulation portrayed as being 
        the object of, or
otherwise engaged in, any act of lewd 
        fondling, touching, or caressing
involving another 
        person or animal; or

            (v) actually or by simulation engaged in any act 
        of excretion or
urination within a sexual context; or

            (vi) actually or by simulation portrayed or 
        depicted as bound, fettered,
or subject to sadistic, 
        masochistic, or sadomasochistic abuse in any sexual

        context; or

            (vii) depicted or portrayed in any pose, posture 
        or setting involving
a lewd exhibition of the 
        unclothed or transparently clothed genitals, pubic 
        area, buttocks, or, if
such person is female, a fully 
        or partially developed breast of the child
or other 
        person; or

        (2) with the knowledge of the nature or content 
    thereof, reproduces,
disseminates, offers to disseminate, 
    exhibits or possesses with intent to
disseminate any film, 
    videotape, photograph or other similar visual
reproduction 
    or depiction by computer of any child or person with a 
    severe or profound intellectual disability whom the person 
    knows or reasonably should know to be
under the age of 18 
    or to be a person with a severe or profound intellectual 
    disability,
engaged in any activity described in 
    subparagraphs (i) through (vii) of
paragraph (1) of this 
    subsection; or

        (3) with knowledge of the subject matter or theme 
    thereof, produces any
stage play, live performance, film, 
    videotape or other similar visual
portrayal or depiction 
    by computer which
includes a child whom the person knows 
    or reasonably should
know to be under the age of 18 or a 
    person with a severe or profound intellectual disability 
    engaged in any activity described in
subparagraphs (i) 
    through (vii) of paragraph (1) of this subsection; or

        (4) solicits, uses, persuades, induces, entices, or 
    coerces any child
whom he or she knows or reasonably 
    should know to be under
the age of 18 or a person with a 
    severe or profound intellectual disability to appear in 
    any stage play, live presentation, film,
videotape, 
    photograph or other similar visual reproduction or 
    depiction
by computer in which the
child or person with a 
    severe or profound intellectual disability
is or will be 
    depicted, actually or by simulation, in any act, pose or

    setting described in subparagraphs (i) through (vii) of 
    paragraph (1) of
this subsection; or

        (5) is a parent, step-parent, legal guardian or other 
    person having
care or custody
of a child whom the person 
    knows or reasonably should know to be under
the age of 18 
    or a person with a severe or profound intellectual 
    disability and who knowingly permits, induces, promotes, 
    or arranges
for such child or person with a severe or 
    profound intellectual disability to appear in any stage 
    play, live performance, film, videotape,
photograph or 
    other similar visual presentation, portrayal or simulation 
    or
depiction by computer of any act or activity described 
    in subparagraphs (i)
through (vii) of paragraph (1) of 
    this subsection; or

        (6) with knowledge of the nature or content thereof, 
    possesses any film,
videotape, photograph or other similar 
    visual reproduction or depiction by
computer of any child 
    or person with a severe or profound intellectual 
    disability
whom the person knows or reasonably should know 
    to be under the age of 18
or to be a person with a severe 
    or profound intellectual disability, engaged in any 
    activity described in subparagraphs (i) through
(vii) of 
    paragraph (1) of this subsection; or

        (7) solicits, or knowingly uses, persuades, induces, 
    entices, or coerces, a person
to provide a child under the 
    age of 18 or a person with a severe or profound 
    intellectual disability to appear in any videotape, 
    photograph, film, stage play, live
presentation, or other 
    similar visual reproduction or depiction by computer
in 
    which the child or person with a severe or profound 
    intellectual disability will be
depicted, actually or by 
    simulation, in any act, pose, or setting described in

    subparagraphs (i) through (vii) of paragraph (1) of this 
    subsection.

    (a-5)    The possession of each individual film, videotape, 
photograph, or other similar visual reproduction or depiction 
by computer in violation of this Section constitutes a single 
and separate violation. This subsection (a-5) does not apply 
to multiple copies of the same film, videotape, photograph, or 
other similar visual reproduction or depiction by computer 
that are identical to each other. 

    (b)(1) It shall be an affirmative defense to a charge of 
child
pornography that the defendant reasonably believed, 
under all of the
circumstances, that the child was 18 years of 
age or older or that the
person was not a person with a severe 
or profound intellectual disability but only where, prior to 
the act or acts giving rise to a
prosecution under this 
Section, he or she took some affirmative action or made a

bonafide inquiry designed to ascertain whether the child was 
18 years of
age or older or that the person was not a person 
with a severe or profound intellectual disability and his or 
her reliance upon the information
so obtained was clearly 
reasonable.

    (1.5)  Telecommunications carriers, commercial mobile 
service providers, and providers of information services, 
including, but not limited to, Internet service providers and 
hosting service providers, are not liable under this Section 
by virtue of the transmission, storage, or caching of 
electronic communications or messages of others or by virtue 
of the provision of other related telecommunications, 
commercial mobile services, or information services used by 
others in violation of this Section. 

    (2) (Blank).


    (3) The charge of child pornography shall not apply to the 
performance
of official duties by law enforcement or 
prosecuting officers or persons employed by law enforcement or 
prosecuting agencies, court personnel
or attorneys, nor to 
bonafide treatment or professional education programs

conducted by licensed physicians, psychologists or social 
workers. In any criminal proceeding, any property or material 
that constitutes child pornography shall remain in the care, 
custody, and control of either the State or the court. A motion 
to view the evidence shall comply with subsection (e-5) of 
this Section. 


    (4) If the defendant possessed more than one of the same 
film,
videotape or visual reproduction or depiction by 
computer in which child
pornography is depicted, then the 
trier of fact may infer
 that the defendant possessed such

materials with the intent to disseminate them.


    (5) The charge of child pornography does not apply to a 
person who does
not voluntarily possess a film, videotape, or 
visual reproduction or depiction
by computer in which child 
pornography is depicted.  Possession is voluntary if
the 
defendant knowingly procures or receives a film, videotape, or 
visual
reproduction or depiction for a sufficient time to be 
able to terminate his
or her possession.

    (6) Any violation of paragraph (1), (2), (3), (4), (5), or 
(7) of subsection (a) that includes a child engaged in, 
solicited for, depicted in, or posed in any act of sexual 
penetration or bound, fettered, or subject to sadistic, 
masochistic, or sadomasochistic abuse in a sexual context 
shall be deemed a crime of violence. 
    (c) If the violation does not involve a film, videotape, 
or other moving depiction, a violation of paragraph (1), (4), 
(5), or (7) of subsection (a) is a
Class 1 felony with a 
mandatory minimum fine of $2,000 and a maximum fine of

$100,000. If the violation involves a film, videotape, or 
other moving depiction, a violation of paragraph (1), (4), 
(5), or (7) of subsection (a) is a
Class X felony with a 
mandatory minimum fine of $2,000 and a maximum fine of

$100,000. If the violation does not involve a film, videotape, 
or other moving depiction, a violation of paragraph (3) of 
subsection (a) is a Class 1 felony
with a mandatory minimum 
fine of $1500 and a maximum fine of $100,000. If the violation 
involves a film, videotape, or other moving depiction, a 
violation of paragraph (3) of subsection (a) is a Class X 
felony
with a mandatory minimum fine of $1500 and a maximum 
fine of $100,000.
If the violation does not involve a film, 
videotape, or other moving depiction, a violation
 of paragraph 
(2) of subsection (a) is a Class 1 felony with a
mandatory 
minimum fine of $1000 and a maximum fine of $100,000. If the 
violation involves a film, videotape, or other moving 
depiction, a violation of paragraph (2) of subsection (a) is a 
Class X felony with a
mandatory minimum fine of $1000 and a 
maximum fine of $100,000. If the violation does not involve a 
film, videotape, or other moving depiction, a violation of

paragraph (6) of subsection (a) is a Class 3 felony with a 
mandatory
minimum fine of $1000 and a maximum fine of 
$100,000. If the violation involves a film, videotape, or 
other moving depiction, a violation of
paragraph (6) of 
subsection (a) is a Class 2 felony with a mandatory
minimum 
fine of $1000 and a maximum fine of $100,000.

    (c-5)  Where the child depicted is under the age of 13, a 
violation of paragraph (1), (2), (3), (4), (5), or (7) of 
subsection (a) is a Class X felony with a mandatory minimum 
fine of $2,000 and a maximum fine of $100,000.  Where the child 
depicted is under the age of 13, a violation of paragraph (6) 
of subsection (a) is a Class 2 felony with a mandatory minimum 
fine of $1,000 and a maximum fine of $100,000.  Where the child 
depicted is under the age of 13, a person who commits a 
violation of paragraph (1), (2), (3), (4), (5), or (7) of 
subsection (a) 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 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.



Where the child depicted is under 
the age of 13, a person who commits a violation of paragraph 
(6) of subsection (a) 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 $1,000 and a maximum fine of 
$100,000. The issue of whether the child depicted is under the 
age of 13 is an element of the offense to be resolved by the 
trier of fact. 
    (d) If a person is convicted of a second or subsequent 
violation of
this Section within 10 years of a prior 
conviction, the court shall order a
presentence psychiatric 
examination of the person.  The examiner shall report
to the 
court whether treatment of the person is necessary.

    (e) Any film, videotape, photograph or other similar 
visual reproduction
or depiction by computer which includes a 
child under the age of 18 or a
person with a severe or profound 
intellectual disability engaged in any activity
described in 
subparagraphs (i) through (vii) or paragraph 1 of subsection

(a), and any material or equipment used or intended for use in 
photographing,
filming, printing, producing, reproducing, 
manufacturing, projecting,
exhibiting, depiction by computer, 
or disseminating such material shall be
seized and forfeited 
in the manner, method and procedure provided by Section
36-1 
of this Code for the seizure and forfeiture of vessels, 
vehicles and
aircraft.

    In addition, any person convicted under this Section is 
subject to the property forfeiture provisions set forth in 
Article 124B of the Code of Criminal Procedure of 1963. 
    (e-5) Upon the conclusion of a case brought under this 
Section, the court
shall seal all evidence depicting a victim 
or witness that is sexually
explicit.  The evidence may be 
unsealed and viewed, on a motion of the party
seeking to unseal 
and view the evidence, only for good cause shown and in the

discretion of the court.  The motion must expressly set forth 
the purpose for
viewing the material.  The State's attorney and 
the victim, if possible, shall
be provided reasonable notice 
of  the hearing on the motion to unseal the
evidence.  Any person 
entitled to notice of a hearing under this subsection
(e-5) 
may object to the motion.

    (f) Definitions.  For the purposes of this Section:

        (1) "Disseminate" means (i) to sell, distribute, 
    exchange or transfer
possession, whether with or without 
    consideration or (ii) to make a depiction
by computer 
    available for distribution or downloading through the 
    facilities
of any telecommunications network or through 
    any other means of transferring
computer programs or data 
    to a computer.

        (2) "Produce" means to direct, promote, advertise, 
    publish, manufacture,
issue, present or show.

        (3) "Reproduce" means to make a duplication or copy.

        (4) "Depict by computer" means to generate or create, 
    or cause to be
created or generated, a computer program or 
    data that, after being processed by
a computer either 
    alone or in conjunction with one or more computer 
    programs,
results in a visual depiction on a computer 
    monitor, screen, or display.

        (5) "Depiction by computer" means a computer program 
    or data that, after
being processed by a computer either 
    alone or in conjunction with one or more
computer 
    programs, results in a visual depiction on a computer 
    monitor, screen,
or display.

        (6) "Computer", "computer program", and "data" have 
    the meanings
ascribed to them in Section 17.05 of this 
    Code.

        (7) For the purposes of this Section, "child 
    pornography" includes a film, videotape, photograph, or 
    other similar
visual medium or reproduction or depiction 
    by computer that is, or appears to
be, that of a person, 
    either in part, or in total, under the age of 18 or a 
    person with a severe or profound intellectual disability,

    regardless of the method by which the film, videotape, 
    photograph, or other
similar visual medium or reproduction 
    or depiction by computer is created,
adopted, or modified 
    to appear as such.  "Child pornography" also includes a 
    film,
videotape, photograph, or other similar visual 
    medium or reproduction or
depiction by computer that is 
    advertised, promoted, presented, described, or
distributed 
    in such a manner that conveys the impression that the 
    film,
videotape, photograph, or other similar visual 
    medium or reproduction or
depiction by computer is of a 
    person under the age of 18 or a person with a severe or 
    profound intellectual disability.


    (g) Re-enactment; findings; purposes.

        (1) The General Assembly finds and declares that:

            (i) Section 50-5 of Public Act 88-680, effective 
        January 1, 1995,
contained provisions amending the 
        child pornography statute, Section 11-20.1
of the 
        Criminal Code of 1961.  Section 50-5 also contained 
        other provisions.

            (ii) In addition, Public Act 88-680 was entitled 
        "AN ACT to create a
Safe Neighborhoods Law".  (A) 
        Article 5 was entitled JUVENILE JUSTICE and
amended 
        the Juvenile Court Act of 1987.  (B) Article 15 was 
        entitled GANGS and
amended various provisions of the 
        Criminal Code of 1961 and the Unified Code
of 
        Corrections.  (C) Article 20 was entitled ALCOHOL ABUSE 
        and amended various
provisions of the Illinois Vehicle 
        Code.  (D) Article 25 was entitled DRUG
ABUSE and 
        amended the Cannabis Control Act and the Illinois 
        Controlled
Substances Act. (E) Article 30 was entitled 
        FIREARMS and amended the Criminal
Code of 1961 and the 
        Code of Criminal Procedure of 1963. (F) Article 35

        amended the Criminal Code of 1961, the Rights of Crime 
        Victims and Witnesses
Act, and the Unified Code of 
        Corrections.  (G) Article 40 amended the Criminal
Code 
        of 1961 to increase the penalty for compelling 
        organization membership of
persons. (H) Article 45 
        created the Secure Residential Youth Care Facility

        Licensing Act and amended the State Finance Act, the 
        Juvenile Court Act of
1987, the Unified Code of 
        Corrections, and the Private Correctional Facility

        Moratorium Act.  (I) Article 50 amended the WIC Vendor 
        Management Act, the
Firearm Owners Identification Card 
        Act, the Juvenile Court Act of 1987, the
Criminal Code 
        of 1961, the Wrongs to Children Act, and the Unified 
        Code of
Corrections.

            (iii) On September 22, 1998, the Third District 
        Appellate Court in
People v. Dainty, 701 N.E. 2d 118, 
        ruled that Public Act 88-680 violates the
single 
        subject clause of the Illinois Constitution (Article 
        IV, Section 8 (d))
and was unconstitutional in its 
        entirety.  As of the time this amendatory Act
of 1999 
        was prepared, People v. Dainty was still subject to 
        appeal.

            (iv) Child pornography is a vital concern to the 
        people of this State
and the validity of future 
        prosecutions under the child pornography statute of

        the Criminal Code of 1961 is in grave doubt.

        (2) It is the purpose of this amendatory Act of 1999 to 
    prevent or
minimize any problems relating to prosecutions 
    for child pornography that may
result from challenges to 
    the constitutional validity of Public Act 88-680 by

    re-enacting the Section relating to child pornography that 
    was included in
Public Act 88-680.

        (3) This amendatory Act of 1999 re-enacts Section 
    11-20.1 of the
Criminal Code of 1961, as it has been 
    amended.  This re-enactment is intended
to remove any 
    question as to the validity or content of that Section; it 
    is not
intended to supersede any other Public Act that 
    amends the text of the Section
as set forth in this 
    amendatory Act of 1999.  The material is shown as existing

    text  (i.e., without underscoring) because, as of the time 
    this amendatory Act
of 1999 was prepared, People v. Dainty 
    was subject to appeal to the Illinois
Supreme Court.

        (4) The re-enactment by this amendatory Act of 1999 of 
    Section 11-20.1 of
the Criminal Code of 1961 relating to 
    child pornography that was amended by
Public Act 88-680 is 
    not intended, and shall not be construed, to imply that

    Public Act 88-680 is invalid or to limit or impair any 
    legal argument
concerning whether those provisions were 
    substantially re-enacted by other
Public Acts.

(Source: P.A. 101-87, eff. 1-1-20.)

 



    (720 ILCS 5/26-4)  (from Ch. 38, par. 26-4)


    Sec. 26-4. Unauthorized video recording and live video 
transmission. 

    (a) It is unlawful for any person to knowingly make a video 
record or transmit live video of

another person without that 
person's consent in a restroom, tanning bed,
tanning salon, 
locker room, changing room, or hotel bedroom.

    (a-5) It is unlawful for any person to knowingly make a 
video record or transmit live video of another person in that 
other person's residence
without that person's consent.

    (a-6)  It is unlawful for any person to knowingly make a 
video record or transmit live video of another person in that 
other person's residence without that person's consent when 
the recording or transmission is made outside that person's 
residence by use of an audio or video device that records or 
transmits from a remote location. 
    (a-10) It is unlawful for any person to knowingly make a 
video record or transmit live video of another person's 
intimate parts person under or through the clothing worn by 
that
other person
for the purpose of viewing the body of or the 
undergarments worn by that other
person
without that person's 
consent. For the purposes of this subsection (a-10), "intimate 
parts" means the fully unclothed, partially unclothed, or 
transparently clothed genitals, pubic area, anus, or if the 
person is female, a partially or fully exposed nipple, 
including exposure through transparent clothing. 

    (a-15)  It is unlawful for any person to place or cause to 
be placed a device that makes a video record or transmits a 
live video in a restroom, tanning bed, tanning salon, locker 
room, changing room, or hotel bedroom with the intent to make a 
video record or transmit live video of another person without 
that person's consent.
    (a-20) It is unlawful for any person to place or cause to 
be placed a device that makes a video record or transmits a 
live video with the intent to make a video record or transmit 
live video of another person in that other person's residence 
without that person's consent.
    (a-25) It is unlawful for any person to, by any means, 
knowingly disseminate, or permit to be disseminated, a video 
record or live video that he or she knows to have been made or 
transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15), 
or (a-20).

    (b) Exemptions.  The following activities shall be exempt 
from the
provisions of this Section:


        (1) The making of a video record or transmission of  
    live video by law enforcement
officers pursuant to a 
    criminal investigation, which is otherwise lawful;


        (2) The making of a video record or transmission of  
    live video by correctional officials
for security reasons 
    or for investigation of alleged misconduct involving a

    person committed to the Department of Corrections; and
        (3) The making of a video record or transmission of 
    live video in a locker room by a reporter or news medium, 
    as those terms are defined in Section 8-902 of the Code of 
    Civil Procedure, where the reporter or news medium has 
    been granted access to the locker room by an appropriate 
    authority for the purpose of conducting interviews.


    (c) The provisions of this Section do not apply to any 
sound recording
or transmission of an oral conversation made 
as the result of the making of a video record or transmission 
of live video,
and to which Article 14 of this Code applies.

    (d) Sentence.


        (1) A violation of subsection (a-15) or (a-20) (a-10), 
    (a-15), or (a-20) is a
Class A
misdemeanor.

        (2) A violation of subsection (a), (a-5), or (a-6), or 
    (a-10) is a Class 4 felony.


        (3) A violation of subsection (a-25) is a Class 3 
    felony.
        (4) A violation of subsection (a), (a-5), (a-6), 
    (a-10), (a-15) or (a-20) is a Class 3 felony if the victim 
    is a person under 18 years of age or if the violation is 
    committed by an individual who is required to register as 
    a sex offender under the Sex Offender Registration Act.
        (5) A violation of subsection (a-25) is a Class 2 
    felony if the victim is a person under 18 years of age or 
    if the violation is committed by an individual who is 
    required to register as a sex offender under the Sex 
    Offender Registration Act.

    (e)  For purposes of this Section:

        (1) "Residence" includes a rental dwelling, but does 
    not include stairwells, corridors, laundry facilities, or 
    additional areas in which the general public has access.

        (2)  "Video record"  means and includes any videotape, 
    photograph, film, or other electronic or digital recording 
    of a still or moving visual image; and "live video" means 
    and includes any real-time or contemporaneous electronic 
    or digital transmission of a still or moving visual image.


(Source: P.A. 96-416, eff. 1-1-10; 97-813, eff. 7-13-12.)