Public Act 096-1098
 
SB2589 EnrolledLRB096 17651 RLC 33009 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 Criminal Code of 1961 is amended  by changing 
Sections 11-9 and 11-9.1 as follows:
 



    (720 ILCS 5/11-9)  (from Ch. 38, par. 11-9)



    Sec. 11-9. Public indecency. 

    (a) Any person of the age of 17 years and upwards who 
performs any of
the following acts in a public place commits a 
public indecency:


        (1) An act of sexual penetration or sexual conduct as 
    defined in Section
12-12 of this Code; or


        (2) A lewd exposure of the body done with intent to 
    arouse or to satisfy
the sexual desire of the person.

    Breast-feeding of infants is not an act of public 
indecency.

    (b) "Public place" for purposes of this Section means any 
place where
the conduct may reasonably be expected to be viewed 
by others.

    (c) Sentence.

    Public indecency is a Class A misdemeanor.
A person 
convicted of a third or subsequent violation for public 
indecency
is guilty of a Class 4 felony. Public indecency is a 
Class 4 felony if committed by a person 18 years of age or 
older who is on or within 500 feet of elementary or secondary 
school grounds when children are present on the grounds. 

(Source: P.A. 91-115, eff. 1-1-00.)

 



    (720 ILCS 5/11-9.1)  (from Ch. 38, par. 11-9.1)



    Sec. 11-9.1. Sexual exploitation of a child. 

    (a) Any person commits sexual exploitation of a child if in 
the presence
of a child and with intent or knowledge that a 
child would view his or her
acts, that person:


        (1) engages in a sexual act; or


        (2) exposes his or her sex organs, anus or breast for 
    the purpose of
sexual arousal or gratification of such 
    person or the child.

    (a-5) A person commits sexual exploitation of a child who 
knowingly
entices, coerces, or persuades a child to remove the 
child's clothing for the
purpose of sexual arousal or 
gratification of the person or the child, or
both.

    (b) Definitions.  As used in this Section:

    "Sexual act" means masturbation, sexual conduct or sexual 
penetration
as defined in Section 12-12 of this Code.

    "Sex offense" means any violation
of
Article 11 of this 
Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15,

12-16, or 12-16.2 of this Code.

    "Child" means a person under 17 years of age.

    (c) Sentence.


        (1) Sexual exploitation of a child is a Class A 
    misdemeanor.  A second
or subsequent violation of this 
    Section or a substantially similar law of another state is 
    a Class 4 felony.


        (2) Sexual exploitation of a child is a Class 4 felony 
    if the person has
been previously convicted of a sex 
    offense.
        (3) Sexual exploitation of a child is a Class 4 felony 
    if the victim was under 13 years of age at the time of the 
    commission of the offense.


        (4)  Sexual exploitation of a child is a Class 4 felony 
    if committed by a person 18 years of age or older who is on 
    or within 500 feet of elementary or secondary school 
    grounds when children are present on the grounds. 
(Source: P.A. 94-140, eff. 7-7-05.)