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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0037
Introduced 1/19/2007, by Rep. Tom Cross - Robert W. Pritchard - Brent Hassert, Joe Dunn, Paul D. Froehlich, et al. SYNOPSIS AS INTRODUCED:
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720 ILCS 5/11-6 |
from Ch. 38, par. 11-6 |
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Amends the Criminal Code of 1961. Provides that a person of the age of 17 years and upwards commits the offense of
indecent solicitation of a child if the person, by means of the Internet, discusses actual or simulated sex acts with a child or with one whom he or she believes
to be a child. Provides that it is not a defense to this provision that the person did not solicit the child to perform a sex act with the person. Provides that a violation of this provision is a Class 4 felony.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0037 |
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LRB095 03730 RLC 23757 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 11-6 as follows:
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| (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
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| Sec. 11-6. Indecent solicitation of a child.
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| (a) A person of the age of 17 years and upwards commits the |
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| offense of
indecent solicitation of a child if the person, with |
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| the intent that the
offense of aggravated criminal sexual |
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| assault, criminal sexual assault,
predatory criminal sexual |
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| assault of a child, or aggravated criminal sexual
abuse be |
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| committed, knowingly solicits a child or one whom he or she |
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| believes
to be a child to perform an act of sexual penetration |
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| or sexual conduct as
defined in Section 12-12 of this Code.
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| (a-5) A person of the age of 17 years and upwards commits |
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| the offense of
indecent solicitation of a child if the person, |
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| by means of the Internet, discusses actual or simulated sex |
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| acts with a child or with one whom he or she believes
to be a |
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| child. |
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| (a-6) It is not a defense to subsection (a-5) that the |
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| person did not solicit the child to perform a sex act with the |
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| person.
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HB0037 |
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LRB095 03730 RLC 23757 b |
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| (b) Definitions. As used in this Section:
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| "Solicit" means to command, authorize, urge, incite, |
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| request, or
advise another to perform an act by any means |
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| including, but not limited to, in
person, over the phone, |
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| in writing, by computer, or by advertisement of any
kind.
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| "Child" means a person under 17 years of age.
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| "Internet" means an interactive computer service or |
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| system or an
information service, system, or access |
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| software provider that provides or
enables computer access |
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| by multiple users to a computer server, and includes,
but |
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| is not limited to, an information service, system, or |
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| access software
provider that provides access to a network |
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| system commonly known as the
Internet, or any comparable |
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| system or service and also includes, but is not
limited to, |
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| a World Wide Web page, newsgroup, message board, mailing |
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| list, or
chat area on any interactive computer service or |
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| system or other online
service.
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| "Sex act" means an act of sexual penetration or sexual |
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| conduct as defined in Section 12-12 of this Code.
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| (c) Sentence. Indecent solicitation of a child under |
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| subsection (a) is:
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| (1) a Class 1 felony when the act, if done, would be |
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| predatory criminal
sexual assault of a child or aggravated |
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| criminal sexual assault;
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| (2) a Class 2 felony when the act, if done, would be |
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| criminal sexual
assault;
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