95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4878


 
Introduced , by Rep. Dennis M. Reboletti - Bob Biggins - James H. Meyer - Renée Kosel - Brent Hassert, et al.
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/11-6
  from Ch. 38, par. 11-6







    Amends the Criminal Code of 1961.  Provides that a person who commits the offense of
indecent solicitation of a child by the  knowing use of  a computer on-line service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission and misrepresents his or her age to the child or one whom he or she believes
to be a child is guilty of a felony offense that is one class higher than the penalty for the same conduct committed without using a computer on-line service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission.
















LRB095 12802 RLC 38194 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4878

LRB095 12802 RLC 38194 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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knowingly uses a computer on-line service, Internet service, 
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local bulletin board service, or any other device capable of 
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electronic data storage or transmission to violate subsection 
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(a) of this Section and misrepresents his or her age to the 
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child or one whom he or she believes
to be a child. 
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    (b) Definitions.  As used in this Section:


 


 






HB4878
- 2 -
LRB095 12802 RLC 38194 b




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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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        "Computer", "on-line", and "Internet"  have the 
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    meanings ascribed to them in Section 16J-5 of this Code. 

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

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    (c) Sentence.  (1) Indecent solicitation of a child under 
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subsection (a) of this Section is:


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        (A) (1) a Class 1 felony when the act, if done, would 
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    be predatory criminal
sexual assault of a child or 
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    aggravated criminal sexual assault;


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        (B) (2) a Class 2 felony when the act, if done, would 
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    be criminal sexual
assault;


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        (C) (3) a Class 3 felony when the act, if done, would 
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    be aggravated criminal
sexual abuse.
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    (2)  Indecent solicitation of a child under subsection (a-5)  
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is:
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        (A)  a Class X 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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        (B)  a Class 1 felony when the act, if done, would be 
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    criminal sexual
assault;
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        (C)  a Class 2 felony when the act, if done, would be 
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    aggravated criminal
sexual abuse. 

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(Source: P.A. 91-226, eff. 7-22-99.)