102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1104
 
Introduced 2/17/2021, by Rep. Emanuel Chris Welch
 
SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-14.1

    Amends the Criminal Code of 2012.  Makes a technical change in a Section
concerning solicitation of a sexual act.



LRB102 03118 RLC 13131 b

 
 
A BILL FOR
 


HB1104LRB102 03118 RLC 13131 b



1    AN ACT concerning criminal law.

 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 

 
4    Section 5. The Criminal Code of 2012 is amended by 
5changing Section 11-14.1 as follows:
 
6    (720 ILCS 5/11-14.1)
7    Sec. 11-14.1. Solicitation of a sexual act. 
8    (a) Any person who offers a person not his or her spouse 
9any money,
property, token, object, or article or anything of 
10value for that
that person or any other person not his or her 
11spouse to
perform any act of sexual penetration as defined in 
12Section 11-0.1 of this Code,
or any touching or fondling of the 
13sex organs of one person by another person
for the purpose of 
14sexual arousal or gratification, commits solicitation of a 
15sexual act.
16    (b) Sentence. Solicitation of a sexual act is a Class A 
17misdemeanor. Solicitation of a sexual act from a person who is 
18under the age of 18 or who is a person with a severe or 
19profound intellectual disability is a Class 4 felony. If the 
20court imposes a fine under this subsection (b), it shall be 
21collected and distributed to the Specialized Services for 
22Survivors of Human Trafficking Fund in accordance with Section 
235-9-1.21 of the Unified Code of Corrections. 
 
 
HB1104- 2 -LRB102 03118 RLC 13131 b

1    (b-5) It is an affirmative defense to a charge of 
2solicitation of a sexual act with a person who is under the age 
3of 18 or who is a person with a severe or profound intellectual 
4disability that the accused reasonably believed the person was 
5of the age of 18 years or over or was not a person with a 
6severe or profound intellectual disability at the time of the 
7act giving rise to the charge.
8    (c) This Section does not apply to a person engaged in 
9prostitution who is under 18 years of age.
10    (d) A person cannot be convicted under this Section if the 
11practice of prostitution underlying the offense consists 
12exclusively of the accused's own acts of prostitution under 
13Section 11-14 of this Code. 
14(Source: P.A. 98-1013, eff. 1-1-15; 99-143, eff. 7-27-15.)