96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5848


 
Introduced 2/10/2010, by Rep. Eddie Lee Jackson, Sr.
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/11-9.1
  from Ch. 38, par. 11-9.1







    Amends the Criminal Code of 1961.  Makes a technical change in a Section
concerning the sexual exploitation of children.
















LRB096 19567 RLC 34959 b

















 


 


A BILL FOR









 











HB5848

LRB096 19567 RLC 34959 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 11-9.1 as follows:
 



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    (720 ILCS 5/11-9.1)  (from Ch. 38, par. 11-9.1)



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    Sec. 11-9.1. Sexual exploitation of a child. 

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    (a) Any person commits sexual exploitation of a child if in 
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the
the presence
of a child and with intent or knowledge that a 
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child would view his or her
acts, that person:

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        (1) engages in a sexual act; or


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        (2) exposes his or her sex organs, anus or breast for 
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    the purpose of
sexual arousal or gratification of such 
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    person or the child.

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    (a-5) A person commits sexual exploitation of a child who 
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knowingly
entices, coerces, or persuades a child to remove the 
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child's clothing for the
purpose of sexual arousal or 
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gratification of the person or the child, or
both.

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    (b) Definitions.  As used in this Section:

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    "Sexual act" means masturbation, sexual conduct or sexual 
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penetration
as defined in Section 12-12 of this Code.

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    "Sex offense" means any violation
of
Article 11 of this 
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Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15,

 


 






HB5848
- 2 -
LRB096 19567 RLC 34959 b




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12-16, or 12-16.2 of this Code.

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

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    (c) Sentence.


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        (1) Sexual exploitation of a child is a Class A 
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    misdemeanor.  A second
or subsequent violation of this 
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    Section or a substantially similar law of another state is 
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    a Class 4 felony.


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        (2) Sexual exploitation of a child is a Class 4 felony 
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    if the person has
been previously convicted of a sex 
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    offense.
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        (3) Sexual exploitation of a child is a Class 4 felony 
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    if the victim was under 13 years of age at the time of the 
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    commission of the offense.


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(Source: P.A. 94-140, eff. 7-7-05.)