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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4657 Introduced 1/21/2022, by Rep. Tony McCombie SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/11-9.1 | from Ch. 38, par. 11-9.1 |
720 ILCS 5/11-21 | from Ch. 38, par. 11-21 |
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Amends the Criminal Code of 2012. Provides that a person also commits sexual exploitation of a child when he or she knowingly entices, coerces, or persuades a child to participate in the production of the recording or memorializing a sexual act. Provides that a violation is a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense or if the person has been previously convicted of a sex offense. Provides that a person also commits distributing harmful material when he or she knowingly entices, coerces, or persuades a minor to participate in the production of the recording or memorializing a sexual act. Provides that a violation is a Class 4 felony if the person has been previously convicted of a sex offense. Provides that a second or subsequent violation is a Class 3 felony.
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| | A BILL FOR |
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| | HB4657 | | LRB102 22863 RLC 33318 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Criminal Code of 2012 is amended by |
5 | | changing Sections 11-9.1 and 11-21 as follows:
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6 | | (720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
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7 | | Sec. 11-9.1. Sexual exploitation of a child.
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8 | | (a) A person commits sexual exploitation of a child if in |
9 | | the presence
or virtual presence, or both, of a child and with |
10 | | knowledge that a child or one whom he or she believes to be a |
11 | | child would view his or her
acts, that person:
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12 | | (1) engages in a sexual act; or
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13 | | (2) exposes his or her sex organs, anus or breast for |
14 | | the purpose of
sexual arousal or gratification of such |
15 | | person or the child or one whom he or she believes to be a |
16 | | child ; or . |
17 | | (3) knowingly entices, coerces, or persuades a child |
18 | | to participate in the production of the recording or |
19 | | memorializing a sexual act.
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20 | | (a-5) A person commits sexual exploitation of a child who |
21 | | knowingly
entices, coerces, or persuades a child to remove the |
22 | | child's clothing for the
purpose of sexual arousal or |
23 | | gratification of the person or the child, or
both.
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| | HB4657 | - 2 - | LRB102 22863 RLC 33318 b |
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1 | | (b) Definitions. As used in this Section:
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2 | | "Sexual act" means masturbation, sexual conduct or sexual |
3 | | penetration
as defined in Section 11-0.1 of this Code.
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4 | | "Sex offense" means any violation
of
Article 11 of this |
5 | | Code.
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6 | | "Child" means a person under 17 years of age.
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7 | | "Virtual presence" means an environment that is created |
8 | | with software and presented to the user and or receiver via the |
9 | | Internet, in such a way that the user appears in front of the |
10 | | receiver on the computer monitor or screen or hand-held |
11 | | portable electronic device, usually through a web camming |
12 | | program. "Virtual presence" includes primarily experiencing |
13 | | through sight or sound, or both, a video image that can be |
14 | | explored interactively at a personal computer or hand-held |
15 | | communication device, or both. |
16 | | "Webcam" means a video capturing device connected to a |
17 | | computer or computer network that is designed to take digital |
18 | | photographs or live or recorded video which allows for the |
19 | | live transmission to an end user over the Internet. |
20 | | (c) Sentence.
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21 | | (1) Sexual exploitation of a child is a Class A |
22 | | misdemeanor. A second
or subsequent violation of this |
23 | | Section or a substantially similar law of another state is |
24 | | a Class 4 felony.
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25 | | (2) Sexual exploitation of a child is a Class 4 felony |
26 | | if the person has
been previously convicted of a sex |
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| | HB4657 | - 3 - | LRB102 22863 RLC 33318 b |
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1 | | offense. |
2 | | (3) Sexual exploitation of a child is a Class 4 felony |
3 | | if the victim was under 13 years of age at the time of the |
4 | | commission of the offense.
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5 | | (4) Sexual exploitation of a child is a Class 4 felony |
6 | | if committed by a person 18 years of age or older who is on |
7 | | or within 500 feet of elementary or secondary school |
8 | | grounds when children are present on the grounds. |
9 | | (5) A violation of paragraph (3) of subsection (a) is: |
10 | | a Class 4 felony for a first offense; and a Class 3 felony |
11 | | for a second or subsequent offense, or if the person has |
12 | | been previously convicted of a sex offense. |
13 | | |
14 | | (Source: P.A. 102-168, eff. 7-27-21.)
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15 | | (720 ILCS 5/11-21) (from Ch. 38, par. 11-21)
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16 | | Sec. 11-21. Harmful material.
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17 | | (a) As used in this Section:
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18 | | "Distribute" means to transfer possession of, whether |
19 | | with or without consideration.
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20 | | "Harmful to minors" means that quality of any |
21 | | description or representation, in whatever form, of |
22 | | nudity, sexual conduct, sexual excitement, or |
23 | | sado-masochistic abuse, when, taken as a whole, it (i) |
24 | | predominantly predominately appeals to the prurient |
25 | | interest in sex of minors, (ii) is patently offensive to |
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| | HB4657 | - 4 - | LRB102 22863 RLC 33318 b |
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1 | | prevailing standards in the adult community in the State |
2 | | as a whole with respect to what is suitable material for |
3 | | minors, and (iii) lacks serious literary, artistic, |
4 | | political, or scientific value for minors.
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5 | | "Knowingly" means having knowledge of the contents of |
6 | | the subject matter, or recklessly failing to exercise |
7 | | reasonable inspection which would have disclosed the |
8 | | contents.
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9 | | "Material" means (i) any picture, photograph, drawing, |
10 | | sculpture, film, video game, computer game, video or |
11 | | similar visual depiction, including any such |
12 | | representation or image which is stored electronically, or |
13 | | (ii) any book, magazine, printed matter however |
14 | | reproduced, or recorded audio of any sort.
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15 | | "Minor" means any person under the age of 18.
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16 | | "Nudity" means the showing of the human male or female |
17 | | genitals, pubic area or buttocks with less than a fully |
18 | | opaque covering, or the showing of the female breast with |
19 | | less than a fully opaque covering of any portion below the |
20 | | top of the nipple, or the depiction of covered male |
21 | | genitals in a discernibly turgid state.
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22 | | "Sado-masochistic abuse" means flagellation or torture |
23 | | by or upon a person clad in undergarments, a mask or |
24 | | bizarre costume, or the condition of being fettered, bound |
25 | | or otherwise physically restrained on the part of one |
26 | | clothed for sexual gratification or stimulation.
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| | HB4657 | - 5 - | LRB102 22863 RLC 33318 b |
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1 | | "Sexual conduct" means acts of masturbation, sexual |
2 | | intercourse, or physical contact with a person's clothed |
3 | | or unclothed genitals, pubic area, buttocks or, if such |
4 | | person be a female, breast.
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5 | | "Sexual excitement" means the condition of human male |
6 | | or female genitals when in a state of sexual stimulation |
7 | | or arousal.
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8 | | "Sex offense" and "sexual act" have the meanings |
9 | | ascribed to them in Section 11-9.1. |
10 | | (b) A person is guilty of distributing harmful material to |
11 | | a minor when he or she:
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12 | | (1) knowingly sells, lends, distributes, exhibits to, |
13 | | depicts to, or gives away to a minor, knowing that the |
14 | | minor is under the age of 18 or failing to exercise |
15 | | reasonable care in ascertaining the person's true age:
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16 | | (A) any material which depicts nudity, sexual |
17 | | conduct or sado-masochistic abuse, or which contains |
18 | | explicit and detailed verbal descriptions or narrative |
19 | | accounts of sexual excitement, sexual conduct or |
20 | | sado-masochistic abuse, and which taken as a whole is |
21 | | harmful to minors;
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22 | | (B) a motion picture, show, or other presentation |
23 | | which depicts nudity, sexual conduct or |
24 | | sado-masochistic abuse and is harmful to minors; or
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25 | | (C) an admission ticket or pass to premises where |
26 | | there is exhibited or to be exhibited such a motion |
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1 | | picture, show, or other presentation; or
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2 | | (2) admits a minor to premises where there is |
3 | | exhibited or to be exhibited such a motion picture, show, |
4 | | or other presentation, knowing that the minor is a person |
5 | | under the age of 18 or failing to exercise reasonable care |
6 | | in ascertaining the person's true age ; or .
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7 | | (3) knowingly entices, coerces, or persuades a minor |
8 | | to participate in the production of the recording or |
9 | | memorializing a sexual act. |
10 | | (c) In any prosecution arising under this Section, it is |
11 | | an affirmative defense:
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12 | | (1) that the minor as to whom the offense is alleged to |
13 | | have been committed exhibited to the accused a draft card, |
14 | | driver's license, birth certificate or other official or |
15 | | apparently official document purporting to establish that |
16 | | the minor was 18 years of age or older, which was relied |
17 | | upon by the accused;
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18 | | (2) that the defendant was in a parental or |
19 | | guardianship relationship with the minor or that the minor |
20 | | was accompanied by a parent or legal guardian;
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21 | | (3) that the defendant was a bona fide school, museum, |
22 | | or public library, or was a person acting in the course of |
23 | | his or her employment as an employee or official of such |
24 | | organization or retail outlet affiliated with and serving |
25 | | the educational purpose of such organization;
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26 | | (4) that the act charged was committed in aid of |
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| | HB4657 | - 7 - | LRB102 22863 RLC 33318 b |
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1 | | legitimate scientific or educational purposes; or
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2 | | (5) that an advertisement of harmful material as |
3 | | defined in this Section culminated in the sale or |
4 | | distribution of such harmful material to a child under |
5 | | circumstances where there was no personal confrontation of |
6 | | the child by the defendant, his or her employees, or |
7 | | agents, as where the order or request for such harmful |
8 | | material was transmitted by mail, telephone, Internet or |
9 | | similar means of communication, and delivery of such |
10 | | harmful material to the child was by mail, freight, |
11 | | Internet or similar means of transport, which |
12 | | advertisement contained the following statement, or a |
13 | | substantially similar statement, and that the defendant |
14 | | required the purchaser to certify that he or she was not |
15 | | under the age of 18 and that the purchaser falsely stated |
16 | | that he or she was not under the age of 18: "NOTICE: It is |
17 | | unlawful for any person under the age of 18 to purchase the |
18 | | matter advertised. Any person under the age of 18 that |
19 | | falsely states that he or she is not under the age of 18 |
20 | | for the purpose of obtaining the material advertised is |
21 | | guilty of a Class B misdemeanor under the laws of the |
22 | | State."
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23 | | (d) The predominant appeal to prurient interest of the |
24 | | material shall be judged with reference to average children of |
25 | | the same general age of the child to whom such material was |
26 | | sold, lent, distributed or given, unless it appears from the |
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1 | | nature of the matter or the circumstances of its dissemination |
2 | | or distribution that it is designed for specially susceptible |
3 | | groups, in which case the predominant appeal of the material |
4 | | shall be judged with reference to its intended or probable |
5 | | recipient group.
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6 | | (e) Distribution of harmful material in violation of this |
7 | | Section is a Class A misdemeanor. A second or subsequent |
8 | | offense is a Class 4 felony. A violation of paragraph (3) of |
9 | | subsection (b) is a Class 4 felony if the person has been |
10 | | previously convicted of a sex offense. A second or subsequent |
11 | | violation of paragraph (3) of subsection (b) is a Class 3 |
12 | | felony. |
13 | | (f) Any person under the age of 18 who falsely states, |
14 | | either orally or in writing, that he or she is not under the |
15 | | age of 18, or who presents or offers to any person any evidence |
16 | | of age and identity that is false or not actually his or her |
17 | | own with the intent of ordering, obtaining, viewing, or |
18 | | otherwise procuring or attempting to procure or view any |
19 | | harmful material is guilty of a Class B misdemeanor.
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20 | | (g) A person over the age of 18 who fails to exercise |
21 | | reasonable care in ascertaining the true age of a minor, |
22 | | knowingly distributes to, or sends, or causes to be sent, or |
23 | | exhibits to, or offers to distribute, or exhibits any harmful |
24 | | material to a person that he or she believes is a minor is |
25 | | guilty of a Class A misdemeanor. If that person utilized a |
26 | | computer web camera, cellular telephone, or any other type of |
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| | HB4657 | - 9 - | LRB102 22863 RLC 33318 b |
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1 | | device to manufacture the harmful material, then each offense |
2 | | is a Class 4 felony. |
3 | | (h) Telecommunications carriers, commercial mobile service |
4 | | providers, and providers of information services, including, |
5 | | but not limited to, Internet service providers and hosting |
6 | | service providers, are not liable under this Section, except |
7 | | for willful and wanton misconduct, by virtue of the |
8 | | transmission, storage, or caching of electronic communications |
9 | | or messages of others or by virtue of the provision of other |
10 | | related telecommunications, commercial mobile services, or |
11 | | information services used by others in violation of this |
12 | | Section. |
13 | | (Source: P.A. 99-642, eff. 7-28-16.)
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