96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1317


 
Introduced 2/18/2009, by Rep. Dennis M. Reboletti - Bob Biggins
 
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.
















LRB096 02866 RLC 12880 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB1317

LRB096 02866 RLC 12880 b






1
    AN ACT concerning criminal law.

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


 
4
    Section 5. The Criminal Code of 1961 is amended  by changing 
5
Section 11-6 as follows:
 



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


7
    Sec. 11-6. Indecent solicitation of a child. 

8
    (a) A person of the age of 17 years and upwards commits the 
9
offense of
indecent solicitation of a child if the person, with 
10
the intent that the
offense of aggravated criminal sexual 
11
assault, criminal sexual assault,
predatory criminal sexual 
12
assault of a child, or aggravated criminal sexual
abuse be 
13
committed, knowingly solicits a child or one whom he or she 
14
believes
to be a child to perform an act of sexual penetration 
15
or sexual conduct as
defined in Section 12-12 of this Code.

16
    (a-5) A person of the age of 17 years and upwards commits 
17
the offense of
indecent solicitation of a child if the person 
18
knowingly discusses an act of sexual conduct or sexual 
19
penetration with a child or with one whom he or she believes
to 
20
be a child by means of the Internet with the intent that the 
21
offense of aggravated criminal sexual assault, predatory 
22
criminal sexual assault of a child, or aggravated criminal 
23
sexual abuse be committed.
 


 






HB1317
- 2 -
LRB096 02866 RLC 12880 b




1
    (a-6) It is not a defense to subsection (a-5) that the 
2
person did not solicit the child to perform sexual conduct or 
3
sexual penetration with the person.

4
    (a-7)  A person of the age of 17 years and upwards commits 
5
the offense of
indecent solicitation of a child if the person 
6
knowingly uses a computer on-line service, Internet service, 
7
local bulletin board service, or any other device capable of 
8
electronic data storage or transmission to violate subsection 
9
(a) of this Section and misrepresents his or her age to the 
10
child or one whom he or she believes
to be a child. 
11
    (b) Definitions.  As used in this Section:


12
        "Solicit" means to command, authorize, urge, incite, 
13
    request, or
advise another to perform an act by any means 
14
    including, but not limited to, in
person, over the phone, 
15
    in writing, by computer, or by advertisement of any
kind.

16
        "Computer", "on-line", and "Internet"  have the 
17
    meanings ascribed to them in Section 16J-5 of this Code. 

18
        "Child" means a person under 17 years of age.

19
        "Internet" means an interactive computer service or 
20
    system or an
information service, system, or access 
21
    software provider that provides or
enables computer access 
22
    by multiple users to a computer server, and includes,
but 
23
    is not limited to, an information service, system, or 
24
    access software
provider that provides access to a network 
25
    system commonly known as the
Internet, or any comparable 
26
    system or service and also includes, but is not
limited to, 
 


 






HB1317
- 3 -
LRB096 02866 RLC 12880 b




1
    a World Wide Web page, newsgroup, message board, mailing 
2
    list, or
chat area on any interactive computer service or 
3
    system or other online
service.

4
        "Sexual penetration" or "sexual conduct" are defined 
5
    in Section 12-12 of this Code.

6
    (c) Sentence.  (1) Indecent solicitation of a child under 
7
subsection (a) is:


8
        (A) (1) a Class 1 felony when the act, if done, would 
9
    be predatory criminal
sexual assault of a child or 
10
    aggravated criminal sexual assault;


11
        (B) (2) a Class 2 felony when the act, if done, would 
12
    be criminal sexual
assault;


13
        (C) (3) a Class 3 felony when the act, if done, would 
14
    be aggravated criminal
sexual abuse.

15
    Indecent solicitation of a child under subsection (a-5) is 
16
a Class 4 felony.

17
    (2)  Indecent solicitation of a child under subsection (a-7)  
18
is:
19
        (A)  a Class X felony when the act, if done, would be 
20
    predatory criminal
sexual assault of a child or aggravated 
21
    criminal sexual assault;
22
        (B)  a Class 1 felony when the act, if done, would be 
23
    criminal sexual
assault;
24
        (C)  a Class 2 felony when the act, if done, would be 
25
    aggravated criminal
sexual abuse. 
26
(Source: P.A. 95-143, eff. 1-1-08.)