Sen. Iris Y. Martinez
Filed: 5/27/2008
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 4879




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    AMENDMENT NO. ______. Amend House Bill 4879, AS AMENDED, in 
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paragraph (1) of subsection (b) of Sec. 11-20.3 of Section 5, 
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by inserting after "pornography" the following:


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"under paragraphs (1) through (7) of subsection (a) of this 
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Section"; and
 
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in paragraph (1) of subsection (b) of Sec. 11-20.3 of Section 
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5, by inserting after "prosecution under" the following:
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"paragraphs (1) through (7) of subsection (a) of"; and
 
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after the last line of  paragraph (1) of subsection (b) of Sec. 
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11-20.3 of Section 5, by inserting the following:
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    "(1.5) It shall be an affirmative defense to a charge of 
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aggravated child pornography under paragraph (8) or (9) of 
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subsection (a) of this Section that the defendant reasonably 
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believed, under all of the circumstances, that the child was 18 
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years of age or older or that the person was not a severely or 
 


 






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profoundly mentally retarded person but only where, prior to 
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the act or acts giving rise to a prosecution under paragraph 
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(8) or (9) of subsection (a) of this Section, he or she took 
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some affirmative action or made a bonafide inquiry designed to 
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ascertain whether the child was 18 years of age or older or 
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that the person was not a severely or profoundly mentally 
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retarded person and his reliance upon the information so 
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obtained was clearly reasonable.".