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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 1961 is amended by changing | ||||||
5 | Sections 3-5, 11-20.1, and 11-20.3 as follows:
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6 | (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
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7 | Sec. 3-5. General Limitations. | ||||||
8 | (a) A prosecution for: (1) first degree murder, attempt to | ||||||
9 | commit first
degree
murder, second degree murder,
involuntary | ||||||
10 | manslaughter, reckless homicide, leaving the scene of a motor | ||||||
11 | vehicle accident involving death or personal injuries under | ||||||
12 | Section 11-401 of the Illinois Vehicle Code, failing to give | ||||||
13 | information and render aid under Section 11-403 of the Illinois | ||||||
14 | Vehicle Code, concealment of homicidal
death, treason, arson, | ||||||
15 | aggravated arson, forgery, child pornography under paragraph | ||||||
16 | (1) of subsection (a) of Section 11-20.1, aggravated child | ||||||
17 | pornography under paragraph (1) of subsection (a) of Section | ||||||
18 | 11-20.3, or (2) any offense
involving sexual conduct or sexual | ||||||
19 | penetration, as defined by
Section 12-12 of this Code in which | ||||||
20 | the DNA profile of the offender is
obtained and entered into a | ||||||
21 | DNA database within 10 years after the commission
of the | ||||||
22 | offense, may be commenced at any
time.
Clause (2) of this | ||||||
23 | subsection (a) applies if either: (i) the victim reported the
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1 | offense to law enforcement authorities within 3 years after the | ||||||
2 | commission
of the offense unless a longer period for reporting | ||||||
3 | the offense to law
enforcement authorities
is provided in | ||||||
4 | Section 3-6 or (ii) the victim is murdered during the course of | ||||||
5 | the offense or within 2 years after the commission of the | ||||||
6 | offense.
| ||||||
7 | (b) Unless the statute describing the offense provides | ||||||
8 | otherwise, or the
period of limitation is extended by Section | ||||||
9 | 3-6, a prosecution for any
offense not designated in Subsection | ||||||
10 | (a) must be commenced within 3 years
after the commission of | ||||||
11 | the offense if it is a felony, or within one year
and 6 months | ||||||
12 | after its commission if it is a misdemeanor.
| ||||||
13 | (Source: P.A. 94-487, eff. 11-9-05; 94-683, eff. 11-9-05; | ||||||
14 | 95-899, eff. 1-1-09.)
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15 | (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
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16 | Sec. 11-20.1. Child pornography.
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17 | (a) A person commits the offense of child pornography who:
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18 | (1) films, videotapes, photographs, or otherwise | ||||||
19 | depicts or portrays by
means of any similar visual medium | ||||||
20 | or reproduction or depicts by computer any
child whom he | ||||||
21 | knows or reasonably should know to be under the age of 18 | ||||||
22 | or any
severely or profoundly mentally retarded person | ||||||
23 | where such child or severely
or profoundly mentally | ||||||
24 | retarded person is:
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25 | (i) actually or by simulation engaged in any act of |
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1 | sexual
penetration or sexual conduct
with any person or | ||||||
2 | animal; or
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3 | (ii) actually or by simulation engaged in any act | ||||||
4 | of sexual
penetration or sexual conduct
involving the | ||||||
5 | sex organs of the child or severely or
profoundly | ||||||
6 | mentally retarded person and the mouth, anus, or sex | ||||||
7 | organs of
another person or animal; or which involves | ||||||
8 | the mouth, anus or sex organs
of the child or severely | ||||||
9 | or profoundly mentally retarded
person and the sex | ||||||
10 | organs of another person or animal; or
| ||||||
11 | (iii) actually or by simulation engaged in any act | ||||||
12 | of masturbation; or
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13 | (iv) actually or by simulation portrayed as being | ||||||
14 | the object of, or
otherwise engaged in, any act of lewd | ||||||
15 | fondling, touching, or caressing
involving another | ||||||
16 | person or animal; or
| ||||||
17 | (v) actually or by simulation engaged in any act of | ||||||
18 | excretion or
urination within a sexual context; or
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19 | (vi) actually or by simulation portrayed or | ||||||
20 | depicted as bound, fettered,
or subject to sadistic, | ||||||
21 | masochistic, or sadomasochistic abuse in any sexual
| ||||||
22 | context; or
| ||||||
23 | (vii) depicted or portrayed in any pose, posture or | ||||||
24 | setting involving
a lewd exhibition of the unclothed or | ||||||
25 | transparently clothed genitals, pubic area, buttocks, | ||||||
26 | or, if
such person is female, a fully or partially |
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1 | developed breast of the child
or other person; or
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2 | (2) with the knowledge of the nature or content | ||||||
3 | thereof, reproduces,
disseminates, offers to disseminate, | ||||||
4 | exhibits or possesses with intent to
disseminate any film, | ||||||
5 | videotape, photograph or other similar visual
reproduction | ||||||
6 | or depiction by computer of any child or severely or | ||||||
7 | profoundly
mentally retarded person whom the person knows | ||||||
8 | or reasonably should know to be
under the age of 18 or to | ||||||
9 | be a severely or profoundly mentally retarded person,
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10 | engaged in any activity described in subparagraphs (i) | ||||||
11 | through (vii) of
paragraph (1) of this subsection; or
| ||||||
12 | (3) with knowledge of the subject matter or theme | ||||||
13 | thereof, produces any
stage play, live performance, film, | ||||||
14 | videotape or other similar visual
portrayal or depiction by | ||||||
15 | computer which
includes a child whom the person knows or | ||||||
16 | reasonably should
know to be under the age of 18 or a | ||||||
17 | severely or
profoundly mentally retarded person engaged in | ||||||
18 | any activity described in
subparagraphs (i) through (vii) | ||||||
19 | of paragraph (1) of this subsection; or
| ||||||
20 | (4) solicits, uses, persuades, induces, entices, or | ||||||
21 | coerces any child
whom he knows or reasonably should know | ||||||
22 | to be under
the age of 18 or a severely or profoundly | ||||||
23 | mentally
retarded person to appear in any stage play, live | ||||||
24 | presentation, film,
videotape, photograph or other similar | ||||||
25 | visual reproduction or depiction
by computer in which the
| ||||||
26 | child or severely or profoundly mentally retarded person
is |
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| |||||||
1 | or will be depicted, actually or by simulation, in any act, | ||||||
2 | pose or
setting described in subparagraphs (i) through | ||||||
3 | (vii) of paragraph (1) of
this subsection; or
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4 | (5) is a parent, step-parent, legal guardian or other | ||||||
5 | person having
care or custody
of a child whom the person | ||||||
6 | knows or reasonably should know to be under
the age of 18 | ||||||
7 | or a severely or profoundly mentally
retarded person and | ||||||
8 | who knowingly permits, induces, promotes, or arranges
for | ||||||
9 | such child or severely or profoundly mentally retarded
| ||||||
10 | person to appear in any stage play, live performance, film, | ||||||
11 | videotape,
photograph or other similar visual | ||||||
12 | presentation, portrayal or simulation or
depiction by | ||||||
13 | computer of any act or activity described in subparagraphs | ||||||
14 | (i)
through (vii) of paragraph (1) of this subsection; or
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15 | (6) with knowledge of the nature or content thereof, | ||||||
16 | possesses any film,
videotape, photograph or other similar | ||||||
17 | visual reproduction or depiction by
computer of any child | ||||||
18 | or severely or profoundly mentally retarded person
whom the | ||||||
19 | person knows or reasonably should know to be under the age | ||||||
20 | of 18
or to be a severely or profoundly mentally retarded
| ||||||
21 | person, engaged in any activity described in subparagraphs | ||||||
22 | (i) through
(vii) of paragraph (1) of this subsection; or
| ||||||
23 | (7) solicits, uses, persuades, induces, entices, or | ||||||
24 | coerces a person
to provide a child under the age of 18 or | ||||||
25 | a severely or profoundly mentally
retarded person to appear | ||||||
26 | in any videotape, photograph, film, stage play, live
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1 | presentation, or other similar visual reproduction or | ||||||
2 | depiction by computer
in which the child or severely or | ||||||
3 | profoundly mentally retarded person will be
depicted, | ||||||
4 | actually or by simulation, in any act, pose, or setting | ||||||
5 | described in
subparagraphs (i) through (vii) of paragraph | ||||||
6 | (1) of this subsection.
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7 | (b) (1) It shall be an affirmative defense to a charge of | ||||||
8 | child
pornography that the defendant reasonably believed, | ||||||
9 | under all of the
circumstances, that the child was 18 years | ||||||
10 | of age or older or that the
person was not a severely or | ||||||
11 | profoundly mentally
retarded person but only where, prior | ||||||
12 | to the act or acts giving rise to a
prosecution under this | ||||||
13 | Section, he took some affirmative action or made a
bonafide | ||||||
14 | inquiry designed to ascertain whether the child was 18 | ||||||
15 | years of
age or older or that the person was not a severely | ||||||
16 | or
profoundly mentally retarded person and his reliance | ||||||
17 | upon the information
so obtained was clearly reasonable.
| ||||||
18 | (2) (Blank).
| ||||||
19 | (3) The charge of child pornography shall not apply to | ||||||
20 | the performance
of official duties by law enforcement or | ||||||
21 | prosecuting officers or persons employed by law | ||||||
22 | enforcement or prosecuting agencies, court personnel
or | ||||||
23 | attorneys, nor to bonafide treatment or professional | ||||||
24 | education programs
conducted by licensed physicians, | ||||||
25 | psychologists or social workers.
| ||||||
26 | (4) Possession by the defendant of more than one of the |
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1 | same film,
videotape or visual reproduction or depiction by | ||||||
2 | computer in which child
pornography is depicted
shall raise | ||||||
3 | a rebuttable presumption that the defendant possessed such
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4 | materials with the intent to disseminate them.
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5 | (5) The charge of child pornography does not apply to a | ||||||
6 | person who does
not voluntarily possess a film, videotape, | ||||||
7 | or visual reproduction or depiction
by computer in which | ||||||
8 | child pornography is depicted. Possession is voluntary if
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9 | the defendant knowingly procures or receives a film, | ||||||
10 | videotape, or visual
reproduction or depiction for a | ||||||
11 | sufficient time to be able to terminate his
or her | ||||||
12 | possession.
| ||||||
13 | (6) Any violation of paragraph (1), (2), (3), (4), (5), | ||||||
14 | or (7) of subsection (a) that includes a child engaged in, | ||||||
15 | solicited for, depicted in, or posed in any act of sexual | ||||||
16 | penetration or bound, fettered, or subject to sadistic, | ||||||
17 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
18 | shall be deemed a crime of violence. | ||||||
19 | (c) Violation of paragraph (1), (4), (5), or (7) of | ||||||
20 | subsection (a) is a
Class 1 felony with a mandatory minimum | ||||||
21 | fine of $2,000 and a maximum fine of
$100,000. Violation of | ||||||
22 | paragraph (3) of subsection (a) is a Class 1 felony
with a | ||||||
23 | mandatory minimum fine of $1500 and a maximum fine of $100,000.
| ||||||
24 | Violation of paragraph (2) of subsection (a) is a Class 1 | ||||||
25 | felony with a
mandatory minimum fine of $1000 and a maximum | ||||||
26 | fine of $100,000. Violation of
paragraph (6) of subsection (a) |
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1 | is a Class 3 felony with a mandatory
minimum fine of $1000 and | ||||||
2 | a maximum fine of $100,000.
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3 | (d) If a person is convicted of a second or subsequent | ||||||
4 | violation of
this Section within 10 years of a prior | ||||||
5 | conviction, the court shall order a
presentence psychiatric | ||||||
6 | examination of the person. The examiner shall report
to the | ||||||
7 | court whether treatment of the person is necessary.
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8 | (e) Any film, videotape, photograph or other similar visual | ||||||
9 | reproduction
or depiction by computer which includes a child | ||||||
10 | under the age of 18 or a
severely or profoundly mentally | ||||||
11 | retarded person engaged in any activity
described in | ||||||
12 | subparagraphs (i) through (vii) or paragraph 1 of subsection
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13 | (a), and any material or equipment used or intended for use in | ||||||
14 | photographing,
filming, printing, producing, reproducing, | ||||||
15 | manufacturing, projecting,
exhibiting, depiction by computer, | ||||||
16 | or disseminating such material shall be
seized and forfeited in | ||||||
17 | the manner, method and procedure provided by Section
36-1 of | ||||||
18 | this Code for the seizure and forfeiture of vessels, vehicles | ||||||
19 | and
aircraft.
| ||||||
20 | (e-5) Upon the conclusion of a case brought under this | ||||||
21 | Section, the court
shall seal all evidence depicting a victim | ||||||
22 | or witness that is sexually
explicit. The evidence may be | ||||||
23 | unsealed and viewed, on a motion of the party
seeking to unseal | ||||||
24 | and view the evidence, only for good cause shown and in the
| ||||||
25 | discretion of the court. The motion must expressly set forth | ||||||
26 | the purpose for
viewing the material. The State's attorney and |
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| |||||||
1 | the victim, if possible, shall
be provided reasonable notice of | ||||||
2 | the hearing on the motion to unseal the
evidence. Any person | ||||||
3 | entitled to notice of a hearing under this subsection
(e-5) may | ||||||
4 | object to the motion.
| ||||||
5 | (f) Definitions. For the purposes of this Section:
| ||||||
6 | (1) "Disseminate" means (i) to sell, distribute, | ||||||
7 | exchange or transfer
possession, whether with or without | ||||||
8 | consideration or (ii) to make a depiction
by computer | ||||||
9 | available for distribution or downloading through the | ||||||
10 | facilities
of any telecommunications network or through | ||||||
11 | any other means of transferring
computer programs or data | ||||||
12 | to a computer.
| ||||||
13 | (2) "Produce" means to direct, promote, advertise, | ||||||
14 | publish, manufacture,
issue, present or show.
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15 | (3) "Reproduce" means to make a duplication or copy.
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16 | (4) "Depict by computer" means to generate or create, | ||||||
17 | or cause to be
created or generated, a computer program or | ||||||
18 | data that, after being processed by
a computer either alone | ||||||
19 | or in conjunction with one or more computer programs,
| ||||||
20 | results in a visual depiction on a computer monitor, | ||||||
21 | screen, or display.
| ||||||
22 | (5) "Depiction by computer" means a computer program or | ||||||
23 | data that, after
being processed by a computer either alone | ||||||
24 | or in conjunction with one or more
computer programs, | ||||||
25 | results in a visual depiction on a computer monitor, | ||||||
26 | screen,
or display.
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1 | (6) "Computer", "computer program", and "data" have | ||||||
2 | the meanings
ascribed to them in Section 16D-2 of this | ||||||
3 | Code.
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4 | (7) "Child" includes a film, videotape, photograph, or | ||||||
5 | other similar
visual medium or reproduction or depiction by | ||||||
6 | computer that is, or appears to
be, that of a person, | ||||||
7 | either in part, or in total, under the age of 18,
| ||||||
8 | regardless of the method by which the film, videotape, | ||||||
9 | photograph, or other
similar visual medium or reproduction | ||||||
10 | or depiction by computer is created,
adopted, or modified | ||||||
11 | to appear as such. "Child" also includes a film,
videotape, | ||||||
12 | photograph, or other similar visual medium or reproduction | ||||||
13 | or
depiction by computer that is advertised, promoted, | ||||||
14 | presented, described, or
distributed in such a manner that | ||||||
15 | conveys the impression that the film,
videotape, | ||||||
16 | photograph, or other similar visual medium or reproduction | ||||||
17 | or
depiction by computer is of a person under the age of | ||||||
18 | 18.
| ||||||
19 | (8) "Sexual penetration" and "sexual conduct" have the | ||||||
20 | meanings ascribed
to them in Section 12-12 of this Code.
| ||||||
21 | (g) Re-enactment; findings; purposes.
| ||||||
22 | (1) The General Assembly finds and declares that:
| ||||||
23 | (i) Section 50-5 of Public Act 88-680, effective | ||||||
24 | January 1, 1995,
contained provisions amending the | ||||||
25 | child pornography statute, Section 11-20.1
of the | ||||||
26 | Criminal Code of 1961. Section 50-5 also contained |
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| |||||||
1 | other provisions.
| ||||||
2 | (ii) In addition, Public Act 88-680 was entitled | ||||||
3 | "AN ACT to create a
Safe Neighborhoods Law". (A) | ||||||
4 | Article 5 was entitled JUVENILE JUSTICE and
amended the | ||||||
5 | Juvenile Court Act of 1987. (B) Article 15 was entitled | ||||||
6 | GANGS and
amended various provisions of the Criminal | ||||||
7 | Code of 1961 and the Unified Code
of Corrections. (C) | ||||||
8 | Article 20 was entitled ALCOHOL ABUSE and amended | ||||||
9 | various
provisions of the Illinois Vehicle Code. (D) | ||||||
10 | Article 25 was entitled DRUG
ABUSE and amended the | ||||||
11 | Cannabis Control Act and the Illinois Controlled
| ||||||
12 | Substances Act. (E) Article 30 was entitled FIREARMS | ||||||
13 | and amended the Criminal
Code of 1961 and the Code of | ||||||
14 | Criminal Procedure of 1963. (F) Article 35
amended the | ||||||
15 | Criminal Code of 1961, the Rights of Crime Victims and | ||||||
16 | Witnesses
Act, and the Unified Code of Corrections. (G) | ||||||
17 | Article 40 amended the Criminal
Code of 1961 to | ||||||
18 | increase the penalty for compelling organization | ||||||
19 | membership of
persons. (H) Article 45 created the | ||||||
20 | Secure Residential Youth Care Facility
Licensing Act | ||||||
21 | and amended the State Finance Act, the Juvenile Court | ||||||
22 | Act of
1987, the Unified Code of Corrections, and the | ||||||
23 | Private Correctional Facility
Moratorium Act. (I) | ||||||
24 | Article 50 amended the WIC Vendor Management Act, the
| ||||||
25 | Firearm Owners Identification Card Act, the Juvenile | ||||||
26 | Court Act of 1987, the
Criminal Code of 1961, the |
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| |||||||
1 | Wrongs to Children Act, and the Unified Code of
| ||||||
2 | Corrections.
| ||||||
3 | (iii) On September 22, 1998, the Third District | ||||||
4 | Appellate Court in
People v. Dainty, 701 N.E. 2d 118, | ||||||
5 | ruled that Public Act 88-680 violates the
single | ||||||
6 | subject clause of the Illinois Constitution (Article | ||||||
7 | IV, Section 8 (d))
and was unconstitutional in its | ||||||
8 | entirety. As of the time this amendatory Act
of 1999 | ||||||
9 | was prepared, People v. Dainty was still subject to | ||||||
10 | appeal.
| ||||||
11 | (iv) Child pornography is a vital concern to the | ||||||
12 | people of this State
and the validity of future | ||||||
13 | prosecutions under the child pornography statute of
| ||||||
14 | the Criminal Code of 1961 is in grave doubt.
| ||||||
15 | (2) It is the purpose of this amendatory Act of 1999 to | ||||||
16 | prevent or
minimize any problems relating to prosecutions | ||||||
17 | for child pornography that may
result from challenges to | ||||||
18 | the constitutional validity of Public Act 88-680 by
| ||||||
19 | re-enacting the Section relating to child pornography that | ||||||
20 | was included in
Public Act 88-680.
| ||||||
21 | (3) This amendatory Act of 1999 re-enacts Section | ||||||
22 | 11-20.1 of the
Criminal Code of 1961, as it has been | ||||||
23 | amended. This re-enactment is intended
to remove any | ||||||
24 | question as to the validity or content of that Section; it | ||||||
25 | is not
intended to supersede any other Public Act that | ||||||
26 | amends the text of the Section
as set forth in this |
| |||||||
| |||||||
1 | amendatory Act of 1999. The material is shown as existing
| ||||||
2 | text (i.e., without underscoring) because, as of the time | ||||||
3 | this amendatory Act
of 1999 was prepared, People v. Dainty | ||||||
4 | was subject to appeal to the Illinois
Supreme Court.
| ||||||
5 | (4) The re-enactment by this amendatory Act of 1999 of | ||||||
6 | Section 11-20.1 of
the Criminal Code of 1961 relating to | ||||||
7 | child pornography that was amended by
Public Act 88-680 is | ||||||
8 | not intended, and shall not be construed, to imply that
| ||||||
9 | Public Act 88-680 is invalid or to limit or impair any | ||||||
10 | legal argument
concerning whether those provisions were | ||||||
11 | substantially re-enacted by other
Public Acts.
| ||||||
12 | (Source: P.A. 94-366, eff. 7-29-05 .)
| ||||||
13 | (720 ILCS 5/11-20.3) | ||||||
14 | Sec. 11-20.3. Aggravated child pornography. | ||||||
15 | (a) A person commits the offense of aggravated child | ||||||
16 | pornography who: | ||||||
17 | (1) films, videotapes, photographs, or otherwise | ||||||
18 | depicts or portrays by means of any similar visual medium | ||||||
19 | or reproduction or depicts by computer any child whom he or | ||||||
20 | she knows or reasonably should know to be under the age of | ||||||
21 | 13 years where such child is: | ||||||
22 | (i) actually or by simulation engaged in any act of | ||||||
23 | sexual penetration or sexual conduct with any person or | ||||||
24 | animal; or | ||||||
25 | (ii) actually or by simulation engaged in any act |
| |||||||
| |||||||
1 | of sexual penetration or sexual conduct involving the | ||||||
2 | sex organs of the child and the mouth, anus, or sex | ||||||
3 | organs of another person or animal; or which involves | ||||||
4 | the mouth, anus or sex organs of the child and the sex | ||||||
5 | organs of another person or animal; or | ||||||
6 | (iii) actually or by simulation engaged in any act | ||||||
7 | of masturbation; or | ||||||
8 | (iv) actually or by simulation portrayed as being | ||||||
9 | the object of, or otherwise engaged in, any act of lewd | ||||||
10 | fondling, touching, or caressing involving another | ||||||
11 | person or animal; or | ||||||
12 | (v) actually or by simulation engaged in any act of | ||||||
13 | excretion or urination within a sexual context; or | ||||||
14 | (vi) actually or by simulation portrayed or | ||||||
15 | depicted as bound, fettered, or subject to sadistic, | ||||||
16 | masochistic, or sadomasochistic abuse in any sexual | ||||||
17 | context; or | ||||||
18 | (vii) depicted or portrayed in any pose, posture or | ||||||
19 | setting involving a lewd exhibition of the unclothed or | ||||||
20 | transparently clothed genitals, pubic area, buttocks, | ||||||
21 | or, if such person is female, a fully or partially | ||||||
22 | developed breast of the child or other person; or | ||||||
23 | (2) with the knowledge of the nature or content | ||||||
24 | thereof, reproduces, disseminates, offers to disseminate, | ||||||
25 | exhibits or possesses with intent to disseminate any film, | ||||||
26 | videotape, photograph or other similar visual reproduction |
| |||||||
| |||||||
1 | or depiction by computer of any child whom the person knows | ||||||
2 | or reasonably should know to be under the age of 13 engaged | ||||||
3 | in any activity described in subparagraphs (i) through | ||||||
4 | (vii) of paragraph (1) of this subsection; or | ||||||
5 | (3) with knowledge of the subject matter or theme | ||||||
6 | thereof, produces any stage play, live performance, film, | ||||||
7 | videotape or other similar visual portrayal or depiction by | ||||||
8 | computer which includes a child whom the person knows or | ||||||
9 | reasonably should know to be under the age of 13 engaged in | ||||||
10 | any activity described in subparagraphs (i) through (vii) | ||||||
11 | of paragraph (1) of this subsection; or | ||||||
12 | (4) solicits, uses, persuades, induces, entices, or | ||||||
13 | coerces any child whom he or she knows or reasonably should | ||||||
14 | know to be under the age of 13 to appear in any stage play, | ||||||
15 | live presentation, film, videotape, photograph or other | ||||||
16 | similar visual reproduction or depiction by computer in | ||||||
17 | which the child or severely or profoundly mentally retarded | ||||||
18 | person is or will be depicted, actually or by simulation, | ||||||
19 | in any act, pose or setting described in subparagraphs (i) | ||||||
20 | through (vii) of paragraph (1) of this subsection; or | ||||||
21 | (5) is a parent, step-parent, legal guardian or other | ||||||
22 | person having care or custody of a child whom the person | ||||||
23 | knows or reasonably should know to be under the age of 13 | ||||||
24 | and who knowingly permits, induces, promotes, or arranges | ||||||
25 | for such child to appear in any stage play, live | ||||||
26 | performance, film, videotape, photograph or other similar |
| |||||||
| |||||||
1 | visual presentation, portrayal or simulation or depiction | ||||||
2 | by computer of any act or activity described in | ||||||
3 | subparagraphs (i) through (vii) of paragraph (1) of this | ||||||
4 | subsection; or | ||||||
5 | (6) with knowledge of the nature or content thereof, | ||||||
6 | possesses any film, videotape, photograph or other similar | ||||||
7 | visual reproduction or depiction by computer of any child | ||||||
8 | whom the person knows or reasonably should know to be under | ||||||
9 | the age of 13 engaged in any activity described in | ||||||
10 | subparagraphs (i) through (vii) of paragraph (1) of this | ||||||
11 | subsection; or | ||||||
12 | (7) solicits, or knowingly uses, persuades, induces, | ||||||
13 | entices, or coerces a person to provide a child under the | ||||||
14 | age of 13 to appear in any videotape, photograph, film, | ||||||
15 | stage play, live presentation, or other similar visual | ||||||
16 | reproduction or depiction by computer in which the child | ||||||
17 | will be depicted, actually or by simulation, in any act, | ||||||
18 | pose, or setting described in subparagraphs (i) through | ||||||
19 | (vii) of paragraph (1) of this subsection. | ||||||
20 | (b)(1) It shall be an affirmative defense to a charge of | ||||||
21 | aggravated child pornography that the defendant reasonably | ||||||
22 | believed, under all of the circumstances, that the child was 13 | ||||||
23 | years of age or older, but only where, prior to the act or acts | ||||||
24 | giving rise to a prosecution under this Section, he or she took | ||||||
25 | some affirmative action or made a bonafide inquiry designed to | ||||||
26 | ascertain whether the child was 13 years of age or older and |
| |||||||
| |||||||
1 | his or her reliance upon the information so obtained was | ||||||
2 | clearly reasonable. | ||||||
3 | (2) The charge of aggravated child pornography shall not | ||||||
4 | apply to the performance of official duties by law enforcement | ||||||
5 | or prosecuting officers or persons employed by law enforcement | ||||||
6 | or prosecuting agencies, court personnel or attorneys, nor to | ||||||
7 | bonafide treatment or professional education programs | ||||||
8 | conducted by licensed physicians, psychologists or social | ||||||
9 | workers. | ||||||
10 | (3) If the defendant possessed more than 3 of the same | ||||||
11 | film, videotape or visual reproduction or depiction by computer | ||||||
12 | in which aggravated child pornography is depicted, then the | ||||||
13 | trier of fact may infer that the defendant possessed such | ||||||
14 | materials with the intent to disseminate them. | ||||||
15 | (4) The charge of aggravated child pornography does not | ||||||
16 | apply to a person who does not voluntarily possess a film, | ||||||
17 | videotape, or visual reproduction or depiction by computer in | ||||||
18 | which aggravated child pornography is depicted. Possession is | ||||||
19 | voluntary if the defendant knowingly procures or receives a | ||||||
20 | film, videotape, or visual reproduction or depiction for a | ||||||
21 | sufficient time to be able to terminate his or her possession. | ||||||
22 | (5) Any violation of paragraph (1), (2), (3), (4), (5), or | ||||||
23 | (7) of subsection (a) that includes a child engaged in, | ||||||
24 | solicited for, depicted in, or posed in any act of sexual | ||||||
25 | penetration or bound, fettered, or subject to sadistic, | ||||||
26 | masochistic, or sadomasochistic abuse in a sexual context shall |
| |||||||
| |||||||
1 | be deemed a crime of violence. | ||||||
2 | (c) Sentence:
(1) A person who commits a violation of | ||||||
3 | paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is | ||||||
4 | guilty of a Class X felony with a mandatory minimum fine of | ||||||
5 | $2,000 and a maximum fine of $100,000. | ||||||
6 | (2) A person who commits a violation of paragraph (6) of | ||||||
7 | subsection (a) is guilty of a Class 2 felony with a mandatory | ||||||
8 | minimum fine of $1000 and a maximum fine of $100,000. | ||||||
9 | (3) A person who commits a violation of paragraph (1), (2), | ||||||
10 | (3), (4), (5), or (7) of subsection (a) where the defendant has | ||||||
11 | previously been convicted under the laws of this State or any | ||||||
12 | other state of the offense of child pornography, aggravated | ||||||
13 | child pornography, aggravated criminal sexual abuse, | ||||||
14 | aggravated criminal sexual assault, predatory criminal sexual | ||||||
15 | assault of a child, or any of the offenses formerly known as | ||||||
16 | rape, deviate sexual assault, indecent liberties with a child, | ||||||
17 | or aggravated indecent liberties with a child where the victim | ||||||
18 | was under the age of 18 years or an offense that is | ||||||
19 | substantially equivalent to those offenses, is guilty of a | ||||||
20 | Class X felony for which the person shall be sentenced to a | ||||||
21 | term of imprisonment of not less than 9 years with a mandatory | ||||||
22 | minimum fine of $2,000 and a maximum fine of $100,000. | ||||||
23 | (4) A person who commits a violation of paragraph (6) of | ||||||
24 | subsection (a) where the defendant has previously been | ||||||
25 | convicted under the laws of this State or any other state of | ||||||
26 | the offense of child pornography, aggravated child |
| |||||||
| |||||||
1 | pornography, aggravated criminal sexual abuse, aggravated | ||||||
2 | criminal sexual assault, predatory criminal sexual assault of a | ||||||
3 | child, or any of the offenses formerly known as rape, deviate | ||||||
4 | sexual assault, indecent liberties with a child, or aggravated | ||||||
5 | indecent liberties with a child where the victim was under the | ||||||
6 | age of 18 years or an offense that is substantially equivalent | ||||||
7 | to those offenses, is guilty of a Class 1 felony with a | ||||||
8 | mandatory minimum fine of $1000 and a maximum fine of $100,000. | ||||||
9 | (d) If a person is convicted of a second or subsequent | ||||||
10 | violation of this Section within 10 years of a prior | ||||||
11 | conviction, the court shall order a presentence psychiatric | ||||||
12 | examination of the person. The examiner shall report to the | ||||||
13 | court whether treatment of the person is necessary. | ||||||
14 | (e) Any film, videotape, photograph or other similar visual | ||||||
15 | reproduction or depiction by computer which includes a child | ||||||
16 | under the age of 13 engaged in any activity described in | ||||||
17 | subparagraphs (i) through (vii) of paragraph (1) of subsection | ||||||
18 | (a), and any material or equipment used or intended for use in | ||||||
19 | photographing, filming, printing, producing, reproducing, | ||||||
20 | manufacturing, projecting, exhibiting, depiction by computer, | ||||||
21 | or disseminating such material shall be seized and forfeited in | ||||||
22 | the manner, method and procedure provided by Section 36-1 of | ||||||
23 | this Code for the seizure and forfeiture of vessels, vehicles | ||||||
24 | and aircraft. | ||||||
25 | (e-5) Upon the conclusion of a case brought under this | ||||||
26 | Section, the court shall seal all evidence depicting a victim |
| |||||||
| |||||||
1 | or witness that is sexually explicit. The evidence may be | ||||||
2 | unsealed and viewed, on a motion of the party seeking to unseal | ||||||
3 | and view the evidence, only for good cause shown and in the | ||||||
4 | discretion of the court. The motion must expressly set forth | ||||||
5 | the purpose for viewing the material. The State's attorney and | ||||||
6 | the victim, if possible, shall be provided reasonable notice of | ||||||
7 | the hearing on the motion to unseal the evidence. Any person | ||||||
8 | entitled to notice of a hearing under this subsection (e-5) may | ||||||
9 | object to the motion. | ||||||
10 | (f) Definitions. For the purposes of this Section: | ||||||
11 | (1) "Disseminate" means (i) to sell, distribute, | ||||||
12 | exchange or transfer possession, whether with or without | ||||||
13 | consideration or (ii) to make a depiction by computer | ||||||
14 | available for distribution or downloading through the | ||||||
15 | facilities of any telecommunications network or through | ||||||
16 | any other means of transferring computer programs or data | ||||||
17 | to a computer. | ||||||
18 | (2) "Produce" means to direct, promote, advertise, | ||||||
19 | publish, manufacture, issue, present or show. | ||||||
20 | (3) "Reproduce" means to make a duplication or copy. | ||||||
21 | (4) "Depict by computer" means to generate or create, | ||||||
22 | or cause to be created or generated, a computer program or | ||||||
23 | data that, after being processed by a computer either alone | ||||||
24 | or in conjunction with one or more computer programs, | ||||||
25 | results in a visual depiction on a computer monitor, | ||||||
26 | screen, or display. |
| |||||||
| |||||||
1 | (5) "Depiction by computer" means a computer program or | ||||||
2 | data that, after being processed by a computer either alone | ||||||
3 | or in conjunction with one or more computer programs, | ||||||
4 | results in a visual depiction on a computer monitor, | ||||||
5 | screen, or display. | ||||||
6 | (6) "Computer", "computer program", and "data" have | ||||||
7 | the meanings ascribed to them in Section 16D-2 of this | ||||||
8 | Code. | ||||||
9 | (7) For the purposes of this Section, "child" means a | ||||||
10 | person, either in part or in total, under the age of 13, | ||||||
11 | regardless of the method by which the film, videotape, | ||||||
12 | photograph, or other similar visual medium or reproduction | ||||||
13 | or depiction by computer is created, adopted, or modified | ||||||
14 | to appear as such. | ||||||
15 | (8) "Sexual penetration" and "sexual conduct" have the | ||||||
16 | meanings ascribed to them in Section 12-12 of this Code. | ||||||
17 | (g) When a charge of aggravated child pornography is | ||||||
18 | brought, the age of the child is an element of the offense to | ||||||
19 | be resolved by the trier of fact as either exceeding or not | ||||||
20 | exceeding the age in question. The trier of fact can rely on | ||||||
21 | its own everyday observations and common experiences in making | ||||||
22 | this determination.
| ||||||
23 | (Source: P.A. 95-579, eff. 6-1-08 .) | ||||||
24 | Section 10. The Bill of Rights for Children is amended by | ||||||
25 | changing Section 3 as follows:
|
| |||||||
| |||||||
1 | (725 ILCS 115/3) (from Ch. 38, par. 1353)
| ||||||
2 | Sec. 3. Rights to present child impact statement.
| ||||||
3 | (a) In any case where
a defendant has been convicted of a | ||||||
4 | violent crime involving a child or a
juvenile has been | ||||||
5 | adjudicated a delinquent for any offense defined in
Sections | ||||||
6 | 11-6, 11-20.1, and 11-20.3 and in Sections 12-13 through 12-16 | ||||||
7 | of the Criminal Code of 1961, except those in
which both | ||||||
8 | parties have agreed to the imposition of a specific sentence,
| ||||||
9 | and a parent or legal guardian of the child involved is present | ||||||
10 | in the
courtroom at the time of the sentencing or the | ||||||
11 | disposition hearing, the
parent or legal guardian upon his or | ||||||
12 | her request shall have the right to
address the court regarding | ||||||
13 | the impact which the defendant's criminal
conduct or the | ||||||
14 | juvenile's delinquent conduct has had upon the child. If
the | ||||||
15 | parent or legal guardian chooses to exercise this right, the | ||||||
16 | impact
statement must have been prepared in writing in | ||||||
17 | conjunction with the Office
of the State's Attorney prior to | ||||||
18 | the initial hearing or sentencing, before
it can be presented | ||||||
19 | orally at the sentencing hearing. The court shall
consider any | ||||||
20 | statements made by the parent or legal guardian, along with
all | ||||||
21 | other appropriate factors in determining the sentence of the | ||||||
22 | defendant
or disposition of such juvenile.
| ||||||
23 | (b) The crime victim has the right to prepare a victim | ||||||
24 | impact statement
and present it to the office of the State's | ||||||
25 | Attorney at any time during the
proceedings.
|
| |||||||
| |||||||
1 | (c) This Section shall apply to any child victims of any | ||||||
2 | offense defined
in
Sections 12-13 through 12-16 of the Criminal | ||||||
3 | Code of 1961 during any
dispositional hearing under Section | ||||||
4 | 5-705 of the Juvenile Court
Act of 1987
which takes place | ||||||
5 | pursuant to an adjudication of delinquency for any such
| ||||||
6 | offense.
| ||||||
7 | (Source: P.A. 90-590, eff. 1-1-99.)
| ||||||
8 | Section 15. The Rights of Crime Victims and Witnesses Act | ||||||
9 | is amended by changing Section 3 as follows:
| ||||||
10 | (725 ILCS 120/3) (from Ch. 38, par. 1403)
| ||||||
11 | Sec. 3. The terms used in this Act, unless the context | ||||||
12 | clearly
requires otherwise, shall have the following meanings:
| ||||||
13 | (a) "Crime victim" means (1) a person physically injured in | ||||||
14 | this State as a
result of a violent crime perpetrated or | ||||||
15 | attempted against that person or (2) a
person who suffers | ||||||
16 | injury to or loss of property as a result of a violent crime
| ||||||
17 | perpetrated or attempted against that person or (3) a single
| ||||||
18 | representative who
may be the spouse, parent, child or sibling | ||||||
19 | of a person killed as a result of a
violent crime perpetrated | ||||||
20 | against the person killed or the spouse, parent,
child or | ||||||
21 | sibling of any person granted rights under this Act who is | ||||||
22 | physically
or mentally incapable of exercising such rights, | ||||||
23 | except where the spouse,
parent, child or sibling is also the | ||||||
24 | defendant or prisoner or (4) any person
against whom a violent |
| |||||||
| |||||||
1 | crime has been committed or (5) any person
who has suffered | ||||||
2 | personal injury as a result of a violation of Section 11-501
of | ||||||
3 | the Illinois Vehicle Code, or of a similar provision of a local | ||||||
4 | ordinance,
or of Section 9-3 of the Criminal Code of 1961, as | ||||||
5 | amended or (6) in proceedings under the Juvenile Court Act of | ||||||
6 | 1987, both parents, legal guardians, foster parents, or a | ||||||
7 | single adult representative of a minor or disabled person who | ||||||
8 | is a crime victim.
| ||||||
9 | (b) "Witness" means any person who personally observed the | ||||||
10 | commission of
a violent crime and who will testify on behalf of | ||||||
11 | the State of Illinois in
the criminal prosecution of the | ||||||
12 | violent crime.
| ||||||
13 | (c) "Violent Crime" means any felony in which force or | ||||||
14 | threat of force was
used against the victim, or any offense | ||||||
15 | involving sexual exploitation, sexual
conduct or sexual | ||||||
16 | penetration, or a violation of Section 11-20.1 or 11-20.3 of | ||||||
17 | the Criminal Code of 1961, domestic battery, violation of an | ||||||
18 | order of
protection, stalking, or any misdemeanor which results | ||||||
19 | in death or great bodily
harm to the victim or any violation of | ||||||
20 | Section 9-3 of the Criminal Code of
1961, or Section 11-501 of | ||||||
21 | the Illinois Vehicle
Code, or a similar provision of a local | ||||||
22 | ordinance, if the violation resulted
in personal injury or | ||||||
23 | death, and includes any action committed by a juvenile
that | ||||||
24 | would be a violent crime if committed by an adult. For the | ||||||
25 | purposes of
this paragraph, "personal injury" shall include any | ||||||
26 | Type A injury as indicated
on the traffic accident report |
| |||||||
| |||||||
1 | completed by a law enforcement officer that
requires immediate | ||||||
2 | professional attention in either a doctor's office or
medical | ||||||
3 | facility. A type A injury shall include severely bleeding | ||||||
4 | wounds,
distorted extremities, and injuries that require the | ||||||
5 | injured party to be
carried from the scene.
| ||||||
6 | (d) "Sentencing Hearing" means any hearing where a sentence | ||||||
7 | is imposed
by the court on a convicted defendant and includes | ||||||
8 | hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 | ||||||
9 | and 5-7-7 of the Unified Code of
Corrections except those cases | ||||||
10 | in which both parties have agreed to the
imposition of a | ||||||
11 | specific sentence.
| ||||||
12 | (e) "Court proceedings" includes the preliminary hearing, | ||||||
13 | any hearing the
effect of which may be the release of the | ||||||
14 | defendant from custody or to alter
the conditions of bond, the | ||||||
15 | trial, sentencing hearing, notice of appeal, any
modification | ||||||
16 | of sentence, probation revocation hearings or parole hearings.
| ||||||
17 | (Source: P.A. 94-271, eff. 1-1-06; 95-591, eff. 6-1-08; 95-876, | ||||||
18 | eff. 8-21-08.)
| ||||||
19 | Section 20. The Sexually Violent Persons Commitment Act is | ||||||
20 | amended by changing Section 5 as follows:
| ||||||
21 | (725 ILCS 207/5)
| ||||||
22 | Sec. 5. Definitions. As used in this Act, the term:
| ||||||
23 | (a) "Department" means the Department of Human
Services.
| ||||||
24 | (b) "Mental disorder" means a congenital or acquired
|
| |||||||
| |||||||
1 | condition affecting the emotional or volitional capacity that
| ||||||
2 | predisposes a person to engage in acts of sexual violence.
| ||||||
3 | (c) "Secretary" means the Secretary of
Human Services.
| ||||||
4 | (d) "Sexually motivated" means that one of the purposes for
| ||||||
5 | an act is for the actor's sexual arousal or gratification.
| ||||||
6 | (e) "Sexually violent offense" means any of the following:
| ||||||
7 | (1) Any crime specified in Section 11-6, 11-20.1, | ||||||
8 | 11-20.3, 12-13, 12-14, 12-14.1,
or 12-16 of the Criminal | ||||||
9 | Code of 1961; or
| ||||||
10 | (1.5) Any former law of this State specified in Section | ||||||
11 | 11-1 (rape),
11-3 (deviate sexual assault), 11-4 (indecent | ||||||
12 | liberties with a child) or 11-4.1
11-4
(aggravated indecent | ||||||
13 | liberties with a child) of the Criminal Code of 1961; or
| ||||||
14 | (2) First degree murder, if it is determined by the | ||||||
15 | agency
with jurisdiction to have been sexually motivated; | ||||||
16 | or
| ||||||
17 | (3) Any solicitation, conspiracy or attempt to commit a
| ||||||
18 | crime under paragraph (e)(1) or (e)(2) of this Section.
| ||||||
19 | (f) "Sexually violent person" means a person who has been
| ||||||
20 | convicted of a sexually violent offense, has been adjudicated
| ||||||
21 | delinquent for a sexually violent offense, or has been found | ||||||
22 | not
guilty of a sexually violent offense by
reason of insanity | ||||||
23 | and who is
dangerous because he or she suffers from a mental | ||||||
24 | disorder that
makes it substantially probable that the person | ||||||
25 | will engage in
acts of sexual violence.
| ||||||
26 | (Source: P.A. 94-746, eff. 5-8-06; revised 10-23-08.)
|
| |||||||
| |||||||
1 | Section 25. The Unified Code of Corrections is amended by | ||||||
2 | changing Section 5-5-3.2 as follows:
| ||||||
3 | (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
| ||||||
4 | Sec. 5-5-3.2. Factors in Aggravation.
| ||||||
5 | (a) The following factors shall be accorded weight in favor | ||||||
6 | of
imposing a term of imprisonment or may be considered by the | ||||||
7 | court as reasons
to impose a more severe sentence under Section | ||||||
8 | 5-8-1:
| ||||||
9 | (1) the defendant's conduct caused or threatened | ||||||
10 | serious harm;
| ||||||
11 | (2) the defendant received compensation for committing | ||||||
12 | the offense;
| ||||||
13 | (3) the defendant has a history of prior delinquency or | ||||||
14 | criminal activity;
| ||||||
15 | (4) the defendant, by the duties of his office or by | ||||||
16 | his position,
was obliged to prevent the particular offense | ||||||
17 | committed or to bring
the offenders committing it to | ||||||
18 | justice;
| ||||||
19 | (5) the defendant held public office at the time of the | ||||||
20 | offense,
and the offense related to the conduct of that | ||||||
21 | office;
| ||||||
22 | (6) the defendant utilized his professional reputation | ||||||
23 | or
position in the community to commit the offense, or to | ||||||
24 | afford
him an easier means of committing it;
|
| |||||||
| |||||||
1 | (7) the sentence is necessary to deter others from | ||||||
2 | committing
the same crime;
| ||||||
3 | (8) the defendant committed the offense against a | ||||||
4 | person 60 years of age
or older or such person's property;
| ||||||
5 | (9) the defendant committed the offense against a | ||||||
6 | person who is
physically handicapped or such person's | ||||||
7 | property;
| ||||||
8 | (10) by reason of another individual's actual or | ||||||
9 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
10 | sexual orientation, physical or mental
disability, or | ||||||
11 | national origin, the defendant committed the offense | ||||||
12 | against (i)
the person or property
of that individual; (ii) | ||||||
13 | the person or property of a person who has an
association | ||||||
14 | with, is married to, or has a friendship with the other | ||||||
15 | individual;
or (iii) the person or property of a relative | ||||||
16 | (by blood or marriage) of a
person described in clause (i) | ||||||
17 | or (ii). For the purposes of this Section,
"sexual | ||||||
18 | orientation" means heterosexuality, homosexuality, or | ||||||
19 | bisexuality;
| ||||||
20 | (11) the offense took place in a place of worship or on | ||||||
21 | the
grounds of a place of worship, immediately prior to, | ||||||
22 | during or immediately
following worship services. For | ||||||
23 | purposes of this subparagraph, "place of
worship" shall | ||||||
24 | mean any church, synagogue or other building, structure or
| ||||||
25 | place used primarily for religious worship;
| ||||||
26 | (12) the defendant was convicted of a felony committed |
| |||||||
| |||||||
1 | while he was
released on bail or his own recognizance | ||||||
2 | pending trial for a prior felony
and was convicted of such | ||||||
3 | prior felony, or the defendant was convicted of a
felony | ||||||
4 | committed while he was serving a period of probation,
| ||||||
5 | conditional discharge, or mandatory supervised release | ||||||
6 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
7 | (13) the defendant committed or attempted to commit a | ||||||
8 | felony while he
was wearing a bulletproof vest. For the | ||||||
9 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
10 | device which is designed for the purpose of
protecting the | ||||||
11 | wearer from bullets, shot or other lethal projectiles;
| ||||||
12 | (14) the defendant held a position of trust or | ||||||
13 | supervision such as, but
not limited to, family member as | ||||||
14 | defined in Section 12-12 of the Criminal Code
of 1961, | ||||||
15 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
16 | relation to a victim under 18 years of age, and the | ||||||
17 | defendant committed an
offense in violation of Section | ||||||
18 | 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | ||||||
19 | 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
| ||||||
20 | against
that victim;
| ||||||
21 | (15) the defendant committed an offense related to the | ||||||
22 | activities of an
organized gang. For the purposes of this | ||||||
23 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
24 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
25 | Act;
| ||||||
26 | (16) the defendant committed an offense in violation of |
| |||||||
| |||||||
1 | one of the
following Sections while in a school, regardless | ||||||
2 | of the time of day or time of
year; on any conveyance | ||||||
3 | owned, leased, or contracted by a school to transport
| ||||||
4 | students to or from school or a school related activity; on | ||||||
5 | the real property
of a school; or on a public way within | ||||||
6 | 1,000 feet of the real property
comprising any school: | ||||||
7 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
| ||||||
8 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
9 | 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
10 | 33A-2 of the Criminal Code of
1961;
| ||||||
11 | (16.5) the defendant committed an offense in violation | ||||||
12 | of one of the
following Sections while in a day care | ||||||
13 | center, regardless of the time of day or
time of year; on | ||||||
14 | the real property of a day care center, regardless of the | ||||||
15 | time
of day or time of year; or on a public
way within | ||||||
16 | 1,000 feet of the real property comprising any day care | ||||||
17 | center,
regardless of the time of day or time of year:
| ||||||
18 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | ||||||
19 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
20 | 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
21 | 33A-2 of the Criminal
Code of 1961;
| ||||||
22 | (17) the defendant committed the offense by reason of | ||||||
23 | any person's
activity as a community policing volunteer or | ||||||
24 | to prevent any person from
engaging in activity as a | ||||||
25 | community policing volunteer. For the purpose of
this | ||||||
26 | Section, "community policing volunteer" has the meaning |
| |||||||
| |||||||
1 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
2 | 1961;
| ||||||
3 | (18) the defendant committed the offense in a nursing | ||||||
4 | home or on the
real
property comprising a nursing home. For | ||||||
5 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
6 | skilled nursing
or intermediate long term care facility | ||||||
7 | that is subject to license by the
Illinois Department of | ||||||
8 | Public Health under the Nursing Home Care
Act;
| ||||||
9 | (19) the defendant was a federally licensed firearm | ||||||
10 | dealer
and
was
previously convicted of a violation of | ||||||
11 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
12 | Identification Card Act and has now committed either a | ||||||
13 | felony
violation
of the Firearm Owners Identification Card | ||||||
14 | Act or an act of armed violence while
armed
with a firearm; | ||||||
15 | (20) the defendant (i) committed the offense of | ||||||
16 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
17 | 1961 or the offense of driving under the influence of | ||||||
18 | alcohol, other drug or
drugs, intoxicating compound or | ||||||
19 | compounds or any combination thereof under Section 11-501 | ||||||
20 | of the Illinois Vehicle Code or a similar provision of a | ||||||
21 | local ordinance and (ii) was operating a motor vehicle in | ||||||
22 | excess of 20 miles per hour over the posted speed limit as | ||||||
23 | provided in Article VI of Chapter 11 of the Illinois | ||||||
24 | Vehicle Code;
| ||||||
25 | (21) the defendant (i) committed the offense of | ||||||
26 | reckless driving or aggravated reckless driving under |
| |||||||
| |||||||
1 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
2 | operating a motor vehicle in excess of 20 miles per hour | ||||||
3 | over the posted speed limit as provided in Article VI of | ||||||
4 | Chapter 11 of the Illinois Vehicle Code; | ||||||
5 | (22) the defendant committed the offense against a | ||||||
6 | person that the defendant knew, or reasonably should have | ||||||
7 | known, was a member of the Armed Forces of the United | ||||||
8 | States serving on active duty. For purposes of this clause | ||||||
9 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
10 | of the United States, including a member of any reserve | ||||||
11 | component thereof or National Guard unit called to active | ||||||
12 | duty; or
| ||||||
13 | (23)
the defendant committed the offense against a | ||||||
14 | person who was elderly, disabled, or infirm by taking | ||||||
15 | advantage of a family or fiduciary relationship with the | ||||||
16 | elderly, disabled, or infirm person ; .
| ||||||
17 | (24)
(22) the defendant committed any offense under | ||||||
18 | Section 11-20.1 of the Criminal Code of 1961 and possessed | ||||||
19 | 100 or more images ; or .
| ||||||
20 | (25) the defendant committed the offense of child | ||||||
21 | pornography or aggravated child pornography, specifically | ||||||
22 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
23 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
24 | 1961 where a child engaged in, solicited for, depicted in, | ||||||
25 | or posed in any act of sexual penetration or bound, | ||||||
26 | fettered, or subject to sadistic, masochistic, or |
| |||||||
| |||||||
1 | sadomasochistic abuse in a sexual context and specifically | ||||||
2 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
3 | subsection (a) of Section 11-20.3 of the Criminal Code of | ||||||
4 | 1961 where a child engaged in, solicited for, depicted in, | ||||||
5 | or posed in any act of sexual penetration or bound, | ||||||
6 | fettered, or subject to sadistic, masochistic, or | ||||||
7 | sadomasochistic abuse in a sexual context. | ||||||
8 | For the purposes of this Section:
| ||||||
9 | "School" is defined as a public or private
elementary or | ||||||
10 | secondary school, community college, college, or university.
| ||||||
11 | "Day care center" means a public or private State certified | ||||||
12 | and
licensed day care center as defined in Section 2.09 of the | ||||||
13 | Child Care Act of
1969 that displays a sign in plain view | ||||||
14 | stating that the
property is a day care center.
| ||||||
15 | (b) The following factors may be considered by the court as
| ||||||
16 | reasons to impose an extended term sentence under Section 5-8-2
| ||||||
17 | upon any offender:
| ||||||
18 | (1) When a defendant is convicted of any felony, after | ||||||
19 | having
been previously convicted in Illinois or any other | ||||||
20 | jurisdiction of the
same or similar class felony or greater | ||||||
21 | class felony, when such conviction
has occurred within 10 | ||||||
22 | years after the
previous conviction, excluding time spent | ||||||
23 | in custody, and such charges are
separately brought and | ||||||
24 | tried and arise out of different series of acts; or
| ||||||
25 | (2) When a defendant is convicted of any felony and the | ||||||
26 | court
finds that the offense was accompanied by |
| |||||||
| |||||||
1 | exceptionally brutal
or heinous behavior indicative of | ||||||
2 | wanton cruelty; or
| ||||||
3 | (3) When a defendant is convicted of voluntary | ||||||
4 | manslaughter, second
degree murder, involuntary | ||||||
5 | manslaughter or reckless homicide in which the
defendant | ||||||
6 | has been convicted of causing the death of more than one | ||||||
7 | individual; or
| ||||||
8 | (4) When a defendant is convicted of any felony | ||||||
9 | committed against:
| ||||||
10 | (i) a person under 12 years of age at the time of | ||||||
11 | the offense or such
person's property;
| ||||||
12 | (ii) a person 60 years of age or older at the time | ||||||
13 | of the offense or
such person's property; or
| ||||||
14 | (iii) a person physically handicapped at the time | ||||||
15 | of the offense or
such person's property; or
| ||||||
16 | (5) In the case of a defendant convicted of aggravated | ||||||
17 | criminal sexual
assault or criminal sexual assault, when | ||||||
18 | the court finds that
aggravated criminal sexual assault or | ||||||
19 | criminal sexual assault
was also committed on the same | ||||||
20 | victim by one or more other individuals,
and the defendant | ||||||
21 | voluntarily participated in the crime with the knowledge
of | ||||||
22 | the participation of the others in the crime, and the | ||||||
23 | commission of the
crime was part of a single course of | ||||||
24 | conduct during which there was no
substantial change in the | ||||||
25 | nature of the criminal objective; or
| ||||||
26 | (6) When a defendant is convicted of any felony and the |
| |||||||
| |||||||
1 | offense
involved any of the following types of specific | ||||||
2 | misconduct committed as
part of a ceremony, rite, | ||||||
3 | initiation, observance, performance, practice or
activity | ||||||
4 | of any actual or ostensible religious, fraternal, or social | ||||||
5 | group:
| ||||||
6 | (i) the brutalizing or torturing of humans or | ||||||
7 | animals;
| ||||||
8 | (ii) the theft of human corpses;
| ||||||
9 | (iii) the kidnapping of humans;
| ||||||
10 | (iv) the desecration of any cemetery, religious, | ||||||
11 | fraternal, business,
governmental, educational, or | ||||||
12 | other building or property; or
| ||||||
13 | (v) ritualized abuse of a child; or
| ||||||
14 | (7) When a defendant is convicted of first degree | ||||||
15 | murder, after having
been previously convicted in Illinois | ||||||
16 | of any offense listed under paragraph
(c)(2) of Section | ||||||
17 | 5-5-3, when such conviction has occurred within 10 years
| ||||||
18 | after the previous conviction, excluding time spent in | ||||||
19 | custody,
and such charges are separately brought and tried | ||||||
20 | and arise out of
different series of acts; or
| ||||||
21 | (8) When a defendant is convicted of a felony other | ||||||
22 | than conspiracy and
the court finds that
the felony was | ||||||
23 | committed under an agreement with 2 or more other persons
| ||||||
24 | to commit that offense and the defendant, with respect to | ||||||
25 | the other
individuals, occupied a position of organizer, | ||||||
26 | supervisor, financier, or any
other position of management |
| |||||||
| |||||||
1 | or leadership, and the court further finds that
the felony | ||||||
2 | committed was related to or in furtherance of the criminal
| ||||||
3 | activities of an organized gang or was motivated by the | ||||||
4 | defendant's leadership
in an organized gang; or
| ||||||
5 | (9) When a defendant is convicted of a felony violation | ||||||
6 | of Section 24-1
of the Criminal Code of 1961 and the court | ||||||
7 | finds that the defendant is a member
of an organized gang; | ||||||
8 | or
| ||||||
9 | (10) When a defendant committed the offense using a | ||||||
10 | firearm with a
laser sight attached to it. For purposes of | ||||||
11 | this paragraph (10), "laser sight"
has the meaning ascribed | ||||||
12 | to it in Section 24.6-5 of the Criminal Code of
1961; or
| ||||||
13 | (11) When a defendant who was at least 17 years of age | ||||||
14 | at the
time of
the commission of the offense is convicted | ||||||
15 | of a felony and has been previously
adjudicated a | ||||||
16 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
17 | an act
that if committed by an adult would be a Class X or | ||||||
18 | Class 1 felony when the
conviction has occurred within 10 | ||||||
19 | years after the previous adjudication,
excluding time | ||||||
20 | spent in custody; or
| ||||||
21 | (12) When a defendant commits an offense involving the | ||||||
22 | illegal
manufacture of a controlled substance under | ||||||
23 | Section 401 of the Illinois
Controlled Substances Act, the | ||||||
24 | illegal manufacture of methamphetamine under Section 25 of | ||||||
25 | the Methamphetamine Control and Community Protection Act, | ||||||
26 | or the illegal possession of explosives and an
emergency |
| |||||||
| |||||||
1 | response
officer in
the performance of his or her duties is
| ||||||
2 | killed or injured at the scene of the offense while | ||||||
3 | responding to the
emergency caused by the commission of the | ||||||
4 | offense.
In this paragraph (12),
"emergency" means a | ||||||
5 | situation in which a person's life, health, or safety is
in | ||||||
6 | jeopardy; and
"emergency response officer" means a peace | ||||||
7 | officer, community policing
volunteer, fireman, emergency | ||||||
8 | medical
technician-ambulance, emergency medical | ||||||
9 | technician-intermediate, emergency
medical | ||||||
10 | technician-paramedic, ambulance
driver, other medical | ||||||
11 | assistance or first aid personnel, or hospital emergency
| ||||||
12 | room personnel; or
| ||||||
13 | (13) When a defendant commits any felony and the | ||||||
14 | defendant used, possessed, exercised control over, or | ||||||
15 | otherwise directed an animal to assault a law enforcement | ||||||
16 | officer engaged in the execution of his or her official | ||||||
17 | duties or in furtherance of the criminal activities of an | ||||||
18 | organized gang in which the defendant is engaged.
| ||||||
19 | (b-1) For the purposes of this Section, "organized gang" | ||||||
20 | has the meaning
ascribed to it in Section 10 of the Illinois | ||||||
21 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
22 | (c) The court may impose an extended term sentence under | ||||||
23 | Section 5-8-2
upon any offender who was convicted of aggravated | ||||||
24 | criminal sexual assault
or predatory criminal sexual assault of | ||||||
25 | a child under subsection (a)(1) of
Section 12-14.1 of
the | ||||||
26 | Criminal Code of 1961
where the victim was under 18 years of |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | age at the time of the commission
of the offense.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | (d) The court may impose an extended term sentence under | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Section 5-8-2 upon
any offender who was convicted of unlawful | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | use of weapons under Section 24-1 of
the Criminal Code of 1961 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | for possessing a weapon that is not readily
distinguishable as | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | one of the weapons enumerated in Section 24-1 of the
Criminal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Code of 1961.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | (e) The court may impose an extended term sentence under | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | Section 5-8-2
upon an offender who has been convicted of first | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | degree murder when the
offender has previously been convicted | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | of domestic battery or aggravated
domestic battery committed | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | against the murdered individual or has
previously been | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | convicted of violation of an order of protection in which the
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | murdered individual was the protected person.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | eff. 9-11-05; 94-819, eff. 5-31-06; 95-85, eff. 1-1-08; 95-362, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | eff. 1-1-08; 95-569, eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | eff. 1-1-09; revised 9-23-08.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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