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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 | Section 11-9.1 as follows:
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| 6 | (720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
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| 7 | Sec. 11-9.1. Sexual exploitation of a child.
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| 8 | (a) Any person commits sexual exploitation of a child if in | ||||||
| 9 | the presence
or virtual presence, or both, of a child and with | ||||||
| 10 | intent or knowledge that a child or one whom he or she believes | ||||||
| 11 | to be a child would view his or her
acts, that person:
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| 12 | (1) engages in a sexual act; or
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| 13 | (2) exposes his or her sex organs, anus or breast for | ||||||
| 14 | the purpose of
sexual arousal or gratification of such | ||||||
| 15 | person or the child or one whom he or she believes to be a | ||||||
| 16 | child.
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| 17 | (a-5) A person commits sexual exploitation of a child who | ||||||
| 18 | knowingly
entices, coerces, or persuades a child to remove the | ||||||
| 19 | child's clothing for the
purpose of sexual arousal or | ||||||
| 20 | gratification of the person or the child, or
both.
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| 21 | (b) Definitions. As used in this Section:
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| 22 | "Sexual act" means masturbation, sexual conduct or sexual | ||||||
| 23 | penetration
as defined in Section 12-12 of this Code.
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| 1 | "Sex offense" means any violation
of
Article 11 of this | ||||||
| 2 | Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15,
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| 3 | 12-16, or 12-16.2 of this Code.
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| 4 | "Child" means a person under 17 years of age.
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| 5 | "Virtual presence" means an environment that is created | ||||||
| 6 | with software and presented to the user and or receiver via the | ||||||
| 7 | Internet, in such a way that the user appears in front of the | ||||||
| 8 | receiver on the computer monitor or screen or hand held | ||||||
| 9 | portable electronic device, usually through a web camming | ||||||
| 10 | program. "Virtual presence" includes primarily experiencing | ||||||
| 11 | through sight or sound, or both, a video image that can be | ||||||
| 12 | explored interactively at a personal computer or hand held | ||||||
| 13 | communication device, or both. | ||||||
| 14 | "Webcam" means a video capturing device connected to a | ||||||
| 15 | computer or computer network that is designed to take digital | ||||||
| 16 | photographs or live or recorded video which allows for the live | ||||||
| 17 | transmission to an end user over the Internet. | ||||||
| 18 | (c) Sentence.
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| 19 | (1) Sexual exploitation of a child is a Class A | ||||||
| 20 | misdemeanor. A second
or subsequent violation of this | ||||||
| 21 | Section or a substantially similar law of another state is | ||||||
| 22 | a Class 4 felony.
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| 23 | (2) Sexual exploitation of a child is a Class 4 felony | ||||||
| 24 | if the person has
been previously convicted of a sex | ||||||
| 25 | offense. | ||||||
| 26 | (3) Sexual exploitation of a child is a Class 4 felony | ||||||
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| 1 | if the victim was under 13 years of age at the time of the | ||||||
| 2 | commission of the offense.
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| 3 | (Source: P.A. 94-140, eff. 7-7-05.)
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