SB0062 Enrolled

LRB096 03603 RLC 13630 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 11-9.4 as follows:
 


6
    (720 ILCS 5/11-9.4)


7
    (Text of Section before amendment by P.A. 95-983)
8
    Sec. 11-9.4. Approaching, contacting, residing, or 
9
communicating with a
child within certain places by child sex 
10
offenders
prohibited.

11
    (a) It is unlawful for a child sex offender to knowingly be 
12
present in any
public park building or on real property 
13
comprising any public park
when persons under the age of
18 are

14
present in the building or on the grounds
and to approach, 
15
contact, or communicate with a child under 18 years of
age,

16
unless the
offender
is a parent or guardian of a person under 
17
18 years of age present in the
building or on the
grounds.

18
    (b) It is unlawful for a child sex offender to knowingly 
19
loiter on a public
way within 500 feet of a public park 
20
building or real property comprising any
public park
while 
21
persons under the age of 18 are present in the building or on 
22
the
grounds
and to approach, contact, or communicate with a 
23
child under 18 years of
age,
unless the offender
is a parent or 
 


 






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1
guardian of a person under 18 years of age present in the

2
building or on the grounds.

3
    (b-5) It is unlawful for a child sex offender to knowingly 
4
reside within
500 feet of a playground, child care institution, 
5
day care center, part day child care facility, day care home, 
6
group day care home, or a facility providing programs or 
7
services
exclusively directed toward persons under 18 years of 
8
age.  Nothing in this
subsection (b-5) prohibits a child sex 
9
offender from residing within 500 feet
of a playground or a 
10
facility providing programs or services exclusively
directed 
11
toward persons under 18 years of age if the property is owned 
12
by the
child sex offender and was purchased before the 
13
effective date of this
amendatory Act of the 91st General 
14
Assembly. Nothing in this
subsection (b-5) prohibits a child 
15
sex offender from residing within 500 feet
of a child care 
16
institution, day care center, or part day child care facility 
17
if the property is owned by the
child sex offender and was 
18
purchased before the effective date of this
amendatory Act of 
19
the 94th General Assembly. Nothing in this
subsection (b-5) 
20
prohibits a child sex offender from residing within 500 feet
of 
21
a day care home or group day care home if the property is owned 
22
by the
child sex offender and was purchased before August 14, 
23
2008 (the effective date of Public Act 95-821)
this
amendatory 
24
Act of the 95th General Assembly.

25
    (b-6) It is unlawful for a child sex offender to knowingly 
26
reside within
500 feet of the victim of the sex offense.  
 


 






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Nothing in this
subsection (b-6) prohibits a child sex offender 
2
from residing within 500 feet
of the victim
if the property in 
3
which the child sex offender resides is owned by the
child sex 
4
offender and was purchased before the effective date of this

5
amendatory Act of the 92nd General Assembly.

6
    This subsection (b-6) does not apply if the victim of the 
7
sex offense
is 21 years of age or older.

8
    (c) It is unlawful for a child sex offender to knowingly 
9
operate, manage,
be employed by, volunteer at, be associated 
10
with, or knowingly be present at
any: (i) facility providing

11
programs or services exclusively directed towards persons 
12
under the age of 18; (ii) day care center; (iii) part day child 
13
care facility; (iv) child care institution; (v) school 
14
providing before and after school programs for children under 
15
18 years of age; (vi) day care home; or (vii)  group day care 
16
home.
This does not prohibit a child sex offender from owning 
17
the real property upon
which the programs or services are 
18
offered or upon which the day care center, part day child care 
19
facility,  child care institution, or school providing before 
20
and after school programs for children under 18 years of age is 
21
located, provided the child sex offender
refrains from being 
22
present on the premises for the hours during which: (1) the

23
programs or services are being offered or (2) the day care 
24
center, part day child care facility, child care institution,  
25
school providing before and after school programs for children 
26
under 18 years of age, day care home, or group day care home is 
 


 






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1
operated.

2
    (c-5) It is unlawful for a child sex offender to knowingly 
3
operate, manage, be employed by, or be associated with any 
4
county fair when persons under the age of 18 are present.

5
    (c-6)  It is unlawful for a child sex offender who owns and 
6
resides at residential real estate to knowingly rent any 
7
residential unit within the same building in which he or she 
8
resides to a person who is the parent or guardian of a child or 
9
children under 18 years of age.  This subsection shall apply 
10
only to leases or other rental arrangements entered into after 
11
January 1, 2009 (the effective date of Public Act 95-820)
this 
12
amendatory Act of the 95th General Assembly. 
13
    (c-7)
(c-6)  It is unlawful for a child sex offender to 
14
knowingly offer or provide any programs or services to persons 
15
under 18 years of age in his or her residence or the residence 
16
of another or in any facility for the purpose of offering or 
17
providing such programs or services, whether such programs or 
18
services are offered or provided by contract, agreement, 
19
arrangement, or on a volunteer basis. 
20
    (c-8) It is unlawful for a child sex offender to knowingly 
21
operate, whether authorized to do so or not, any of the 
22
following vehicles: (1) a vehicle which is specifically 
23
designed, constructed or modified and equipped to be used for 
24
the retail sale of food or beverages, including but not limited 
25
to an ice cream truck; (2) an authorized emergency vehicle; or 
26
(3) a rescue vehicle. 
 


 






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    (d) Definitions.  In this Section:


2
        (1) "Child sex offender" means any person who:


3
            (i) has been charged under Illinois law, or any 
4
        substantially similar
federal law
or law of another 
5
        state, with a sex offense set forth in
paragraph (2) of 
6
        this subsection (d) or the attempt to commit an 
7
        included sex
offense, and:


8
                (A) is convicted of such offense or an attempt 
9
            to commit such offense;
or


10
                (B) is found not guilty by reason of insanity 
11
            of such offense or an
attempt to commit such 
12
            offense; or


13
                (C) is found not guilty by reason of insanity 
14
            pursuant to subsection
(c) of Section 104-25 of the 
15
            Code of Criminal Procedure of 1963 of such offense

16
            or an attempt to commit such offense; or


17
                (D) is the subject of a finding not resulting 
18
            in an acquittal at a
hearing conducted pursuant to 
19
            subsection (a) of Section 104-25 of the Code of

20
            Criminal Procedure of 1963 for the alleged 
21
            commission or attempted commission
of such 
22
            offense; or


23
                (E) is found not guilty by reason of insanity 
24
            following a hearing
conducted pursuant to a 
25
            federal law or the law of another state 
26
            substantially
similar to subsection (c) of Section 
 


 






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1
            104-25 of the Code of Criminal Procedure
of 1963 of 
2
            such offense or of the attempted commission of such 
3
            offense; or


4
                (F) is the subject of a finding not resulting 
5
            in an acquittal at a
hearing
conducted pursuant to 
6
            a federal law or the law of another state 
7
            substantially
similar to subsection (a) of Section 
8
            104-25 of the Code of Criminal Procedure
of 1963 
9
            for the alleged violation or attempted commission 
10
            of such offense; or


11
            (ii) is certified as a sexually dangerous person 
12
        pursuant to the
Illinois
Sexually Dangerous Persons 
13
        Act, or any substantially similar federal
law or the 
14
        law of another state, when any conduct giving rise to 
15
        such
certification is committed or attempted against a 
16
        person less than 18 years of
age; or


17
            (iii) is subject to the provisions of Section 2 of 
18
        the Interstate
Agreements on Sexually Dangerous 
19
        Persons Act.


20
        Convictions that result from or are connected with the 
21
    same act, or result
from offenses committed at the same 
22
    time, shall be counted for the purpose of
this Section as 
23
    one conviction.  Any conviction set aside pursuant to law is

24
    not a conviction for purposes of this Section.


25
        (2) Except as otherwise provided in paragraph (2.5), 
26
    "sex offense"
means:


 


 






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1
            (i) A violation of any of the following Sections of 
2
        the Criminal Code of
1961: 10-7 (aiding and abetting 
3
        child abduction under Section 10-5(b)(10)),

4
        10-5(b)(10) (child luring), 11-6 (indecent 
5
        solicitation of a child), 11-6.5
(indecent 
6
        solicitation of an adult),
11-9 (public indecency when 
7
        committed in a school, on the real property
comprising 
8
        a school, on a conveyance owned, leased, or contracted 
9
        by a
school to transport students to or from school or 
10
        a school related activity, or
in a public park),
11-9.1 
11
        (sexual exploitation of a child), 11-15.1 (soliciting 
12
        for a juvenile
prostitute), 11-17.1 (keeping a place of 
13
        juvenile prostitution), 11-18.1
(patronizing a 
14
        juvenile prostitute), 11-19.1 (juvenile pimping),

15
        11-19.2 (exploitation of a child), 11-20.1 (child 
16
        pornography), 11-20.3 (aggravated child pornography), 
17
        11-21 (harmful
material), 12-14.1
(predatory criminal 
18
        sexual assault of a child), 12-33 (ritualized abuse of 
19
        a
child), 11-20 (obscenity) (when that offense was 
20
        committed in any school, on
real property comprising 
21
        any school, on any conveyance owned,
leased, or 
22
        contracted by a school to transport students to or from 
23
        school or a
school related activity, or in a public 
24
        park).  An attempt to commit any of
these offenses.


25
            (ii) A violation of any of the following Sections 
26
        of the Criminal Code
of 1961, when the victim is a 
 


 






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1
        person under 18 years of age: 12-13 (criminal
sexual 
2
        assault), 12-14 (aggravated criminal sexual assault), 
3
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
4
        criminal sexual abuse).  An attempt to commit
any of 
5
        these offenses.


6
            (iii) A violation of any of the following Sections 
7
        of the Criminal Code
of 1961, when the victim is a 
8
        person under 18 years of age and the defendant is
not a 
9
        parent of the victim:


10
            10-1 (kidnapping),


11
            10-2 (aggravated kidnapping),


12
            10-3 (unlawful restraint),


13
            10-3.1 (aggravated unlawful restraint).


14
            An attempt to commit any of these offenses.


15
            (iv) A violation of any former law of this State 
16
        substantially
equivalent to any offense listed in 
17
        clause (2)(i) of this subsection (d).


18
        (2.5) For the purposes of subsection (b-5) only, a sex 
19
    offense means:


20
            (i) A violation of any of the following Sections of 
21
        the Criminal Code of
1961:


22
                10-5(b)(10) (child luring), 10-7 (aiding and 
23
            abetting child abduction
under Section 
24
            10-5(b)(10)), 11-6 (indecent solicitation of
a

25
            child), 11-6.5 (indecent solicitation of an 
26
            adult), 11-15.1 (soliciting for a
juvenile

 


 






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            prostitute), 11-17.1 (keeping a place of juvenile 
2
            prostitution), 11-18.1
(patronizing a juvenile 
3
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
4
            (exploitation of a child), 11-20.1 (child 
5
            pornography), 11-20.3 (aggravated child 
6
            pornography), 12-14.1
(predatory criminal sexual 
7
            assault of a child), or 12-33 (ritualized abuse of 
8
            a
child).  An attempt
to commit any of
these 
9
            offenses.


10
            (ii) A violation of any of the following Sections 
11
        of the Criminal Code
of 1961, when the victim is a 
12
        person under 18 years of age: 12-13 (criminal
sexual 
13
        assault), 12-14 (aggravated criminal sexual assault),

14
        12-16 (aggravated criminal sexual abuse), and 
15
        subsection (a) of Section 12-15
(criminal sexual 
16
        abuse).  An attempt to commit
any of these offenses.


17
            (iii) A violation of any of the following Sections 
18
        of the Criminal Code
of 1961, when the victim is a 
19
        person under 18 years of age and the defendant is
not a 
20
        parent of the victim:


21
            10-1 (kidnapping),


22
            10-2 (aggravated kidnapping),


23
            10-3 (unlawful restraint),


24
            10-3.1 (aggravated unlawful restraint).


25
            An attempt to commit any of these offenses.


26
            (iv) A violation of any former law of this State 
 


 






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1
        substantially
equivalent to any offense listed in this 
2
        paragraph (2.5) of
this subsection.


3
        (3) A conviction for an offense of federal law or the 
4
    law of another state
that is substantially equivalent to 
5
    any offense listed in paragraph (2) of this
 subsection (d) 
6
    shall constitute a conviction for the purpose of
this 
7
    Section.  A finding or adjudication as a sexually dangerous 
8
    person under
any federal law or law of another state that 
9
    is substantially equivalent to the
Sexually Dangerous 
10
    Persons Act shall constitute an adjudication for the

11
    purposes of this Section.


12
        (4) "Public park" includes a park, forest preserve, or

13
    conservation
area
under the jurisdiction of the State or a 
14
    unit of local government.


15
        (5) "Facility providing programs or services directed 
16
    towards persons
under
the age of 18" means any facility 
17
    providing programs or services exclusively
directed 
18
    towards persons under the age of 18.


19
        (6) "Loiter" means:


20
            (i) Standing, sitting idly, whether or not the 
21
        person is in a vehicle or
remaining in or around public 
22
        park property.


23
            (ii) Standing, sitting idly, whether or not the 
24
        person is in a vehicle
or remaining in or around public 
25
        park property, for the purpose of committing
or

26
        attempting to commit a sex offense.


 


 






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        (7) "Playground" means a piece of land owned or 
2
    controlled by a unit
of
local government that is designated 
3
    by the unit of local government for use
solely or primarily 
4
    for children's recreation.

5
        (8) "Child care institution" has the meaning ascribed 
6
    to it in Section 2.06 of the Child Care Act of 1969.

7
        (9) "Day care center" has the meaning ascribed to it in 
8
    Section 2.09 of the Child Care Act of 1969.
9
        (10) "Part day child care facility" has the meaning 
10
    ascribed to it in Section 2.10 of the Child Care Act of 
11
    1969.

12
        (11)  "Day care home" has the meaning ascribed to it in 
13
    Section 2.18 of the Child Care Act of 1969. 
14
        (12)  "Group day care home" has the meaning ascribed to 
15
    it in Section 2.20 of the Child Care Act of 1969. 
16
        (14) "Authorized emergency vehicle", "rescue vehicle", 
17
    and "vehicle" have the meanings ascribed to them in 
18
    Sections 1-105, 1-171.8 and 1-217, respectively, of the 
19
    Illinois Vehicle Code. 
20
    (d-5) For the purposes of this Section, the 500 feet 
21
distance shall be measured from the edge of the property  
22
comprising the public park building or the real property 
23
comprising the public park, playground, child care 
24
institution, day care center, part day child care facility, or 
25
a facility providing programs or services
exclusively directed 
26
toward persons under 18 years of age, or a victim of the sex 
 


 






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1
offense who is under 21 years of age to the edge of the child 
2
sex offender's place of residence or where he or she is 
3
loitering.

4
    (e) Sentence.  A person who violates this Section is guilty 
5
of a Class 4
felony.

6
(Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640, 
7
eff. 6-1-08; 95-819, eff. 1-1-09; 95-820, eff. 1-1-09; 95-821, 
8
eff. 8-14-08; 95-876, eff. 8-21-08; revised 10-20-08.)

 
9
    (Text of Section after amendment by P.A. 95-983)
10
    Sec. 11-9.4. Approaching, contacting, residing, or 
11
communicating with a
child within certain places by child sex 
12
offenders
prohibited.

13
    (a) It is unlawful for a child sex offender to knowingly be 
14
present in any
public park building or on real property 
15
comprising any public park
when persons under the age of
18 are

16
present in the building or on the grounds
and to approach, 
17
contact, or communicate with a child under 18 years of
age,

18
unless the
offender
is a parent or guardian of a person under 
19
18 years of age present in the
building or on the
grounds.

20
    (b) It is unlawful for a child sex offender to knowingly 
21
loiter on a public
way within 500 feet of a public park 
22
building or real property comprising any
public park
while 
23
persons under the age of 18 are present in the building or on 
24
the
grounds
and to approach, contact, or communicate with a 
25
child under 18 years of
age,
unless the offender
is a parent or 
 


 






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1
guardian of a person under 18 years of age present in the

2
building or on the grounds.

3
    (b-5) It is unlawful for a child sex offender to knowingly 
4
reside within
500 feet of a playground, child care institution, 
5
day care center, part day child care facility, day care home, 
6
group day care home, or a facility providing programs or 
7
services
exclusively directed toward persons under 18 years of 
8
age.  Nothing in this
subsection (b-5) prohibits a child sex 
9
offender from residing within 500 feet
of a playground or a 
10
facility providing programs or services exclusively
directed 
11
toward persons under 18 years of age if the property is owned 
12
by the
child sex offender and was purchased before the 
13
effective date of this
amendatory Act of the 91st General 
14
Assembly. Nothing in this
subsection (b-5) prohibits a child 
15
sex offender from residing within 500 feet
of a child care 
16
institution, day care center, or part day child care facility 
17
if the property is owned by the
child sex offender and was 
18
purchased before the effective date of this
amendatory Act of 
19
the 94th General Assembly. Nothing in this
subsection (b-5) 
20
prohibits a child sex offender from residing within 500 feet
of 
21
a day care home or group day care home if the property is owned 
22
by the
child sex offender and was purchased before August 14, 
23
2008 (the effective date of Public Act 95-821)
this
amendatory 
24
Act of the 95th General Assembly.

25
    (b-6) It is unlawful for a child sex offender to knowingly 
26
reside within
500 feet of the victim of the sex offense.  
 


 






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Nothing in this
subsection (b-6) prohibits a child sex offender 
2
from residing within 500 feet
of the victim
if the property in 
3
which the child sex offender resides is owned by the
child sex 
4
offender and was purchased before the effective date of this

5
amendatory Act of the 92nd General Assembly.

6
    This subsection (b-6) does not apply if the victim of the 
7
sex offense
is 21 years of age or older.

8
    (b-7)  It is unlawful for a child sex offender to knowingly 
9
communicate, other than for a lawful purpose under Illinois 
10
law, using the Internet or any other digital media, with a 
11
person under 18 years of age or with a person whom he or she 
12
believes to be a person under 18 years of age,
unless the 
13
offender
is a parent or guardian of the person under 18 years 
14
of age. 
15
    (c) It is unlawful for a child sex offender to knowingly 
16
operate, manage,
be employed by, volunteer at, be associated 
17
with, or knowingly be present at
any: (i) facility providing

18
programs or services exclusively directed towards persons 
19
under the age of 18; (ii) day care center; (iii) part day child 
20
care facility; (iv) child care institution; (v) school 
21
providing before and after school programs for children under 
22
18 years of age; (vi) day care home; or (vii)  group day care 
23
home.
This does not prohibit a child sex offender from owning 
24
the real property upon
which the programs or services are 
25
offered or upon which the day care center, part day child care 
26
facility,  child care institution, or school providing before 
 


 






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1
and after school programs for children under 18 years of age is 
2
located, provided the child sex offender
refrains from being 
3
present on the premises for the hours during which: (1) the

4
programs or services are being offered or (2) the day care 
5
center, part day child care facility, child care institution,  
6
school providing before and after school programs for children 
7
under 18 years of age, day care home, or group day care home is 
8
operated.

9
    (c-5) It is unlawful for a child sex offender to knowingly 
10
operate, manage, be employed by, or be associated with any 
11
county fair when persons under the age of 18 are present.

12
    (c-6)  It is unlawful for a child sex offender who owns and 
13
resides at residential real estate to knowingly rent any 
14
residential unit within the same building in which he or she 
15
resides to a person who is the parent or guardian of a child or 
16
children under 18 years of age.  This subsection shall apply 
17
only to leases or other rental arrangements entered into after 
18
January 1, 2009 (the effective date of Public Act 95-820)
this 
19
amendatory Act of the 95th General Assembly. 
20
    (c-7)
(c-6)  It is unlawful for a child sex offender to 
21
knowingly offer or provide any programs or services to persons 
22
under 18 years of age in his or her residence or the residence 
23
of another or in any facility for the purpose of offering or 
24
providing such programs or services, whether such programs or 
25
services are offered or provided by contract, agreement, 
26
arrangement, or on a volunteer basis. 
 


 






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1
    (c-8) It is unlawful for a child sex offender to knowingly 
2
operate, whether authorized to do so or not, any of the 
3
following vehicles: (1) a vehicle which is specifically 
4
designed, constructed or modified and equipped to be used for 
5
the retail sale of food or beverages, including but not limited 
6
to an ice cream truck; (2) an authorized emergency vehicle; or 
7
(3) a rescue vehicle. 
8
    (d) Definitions.  In this Section:


9
        (1) "Child sex offender" means any person who:


10
            (i) has been charged under Illinois law, or any 
11
        substantially similar
federal law
or law of another 
12
        state, with a sex offense set forth in
paragraph (2) of 
13
        this subsection (d) or the attempt to commit an 
14
        included sex
offense, and:


15
                (A) is convicted of such offense or an attempt 
16
            to commit such offense;
or


17
                (B) is found not guilty by reason of insanity 
18
            of such offense or an
attempt to commit such 
19
            offense; or


20
                (C) is found not guilty by reason of insanity 
21
            pursuant to subsection
(c) of Section 104-25 of the 
22
            Code of Criminal Procedure of 1963 of such offense

23
            or an attempt to commit such offense; or


24
                (D) is the subject of a finding not resulting 
25
            in an acquittal at a
hearing conducted pursuant to 
26
            subsection (a) of Section 104-25 of the Code of

 


 






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1
            Criminal Procedure of 1963 for the alleged 
2
            commission or attempted commission
of such 
3
            offense; or


4
                (E) is found not guilty by reason of insanity 
5
            following a hearing
conducted pursuant to a 
6
            federal law or the law of another state 
7
            substantially
similar to subsection (c) of Section 
8
            104-25 of the Code of Criminal Procedure
of 1963 of 
9
            such offense or of the attempted commission of such 
10
            offense; or


11
                (F) is the subject of a finding not resulting 
12
            in an acquittal at a
hearing
conducted pursuant to 
13
            a federal law or the law of another state 
14
            substantially
similar to subsection (a) of Section 
15
            104-25 of the Code of Criminal Procedure
of 1963 
16
            for the alleged violation or attempted commission 
17
            of such offense; or


18
            (ii) is certified as a sexually dangerous person 
19
        pursuant to the
Illinois
Sexually Dangerous Persons 
20
        Act, or any substantially similar federal
law or the 
21
        law of another state, when any conduct giving rise to 
22
        such
certification is committed or attempted against a 
23
        person less than 18 years of
age; or


24
            (iii) is subject to the provisions of Section 2 of 
25
        the Interstate
Agreements on Sexually Dangerous 
26
        Persons Act.


 


 






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1
        Convictions that result from or are connected with the 
2
    same act, or result
from offenses committed at the same 
3
    time, shall be counted for the purpose of
this Section as 
4
    one conviction.  Any conviction set aside pursuant to law is

5
    not a conviction for purposes of this Section.


6
        (2) Except as otherwise provided in paragraph (2.5), 
7
    "sex offense"
means:


8
            (i) A violation of any of the following Sections of 
9
        the Criminal Code of
1961: 10-7 (aiding and abetting 
10
        child abduction under Section 10-5(b)(10)),

11
        10-5(b)(10) (child luring), 11-6 (indecent 
12
        solicitation of a child), 11-6.5
(indecent 
13
        solicitation of an adult),
11-9 (public indecency when 
14
        committed in a school, on the real property
comprising 
15
        a school, on a conveyance owned, leased, or contracted 
16
        by a
school to transport students to or from school or 
17
        a school related activity, or
in a public park),
11-9.1 
18
        (sexual exploitation of a child), 11-15.1 (soliciting 
19
        for a juvenile
prostitute), 11-17.1 (keeping a place of 
20
        juvenile prostitution), 11-18.1
(patronizing a 
21
        juvenile prostitute), 11-19.1 (juvenile pimping),

22
        11-19.2 (exploitation of a child), 11-20.1 (child 
23
        pornography), 11-20.3 (aggravated child pornography), 
24
        11-21 (harmful
material), 12-14.1
(predatory criminal 
25
        sexual assault of a child), 12-33 (ritualized abuse of 
26
        a
child), 11-20 (obscenity) (when that offense was 
 


 






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1
        committed in any school, on
real property comprising 
2
        any school, on any conveyance owned,
leased, or 
3
        contracted by a school to transport students to or from 
4
        school or a
school related activity, or in a public 
5
        park).  An attempt to commit any of
these offenses.


6
            (ii) A violation of any of the following Sections 
7
        of the Criminal Code
of 1961, when the victim is a 
8
        person under 18 years of age: 12-13 (criminal
sexual 
9
        assault), 12-14 (aggravated criminal sexual assault), 
10
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
11
        criminal sexual abuse).  An attempt to commit
any of 
12
        these offenses.


13
            (iii) A violation of any of the following Sections 
14
        of the Criminal Code
of 1961, when the victim is a 
15
        person under 18 years of age and the defendant is
not a 
16
        parent of the victim:


17
            10-1 (kidnapping),


18
            10-2 (aggravated kidnapping),


19
            10-3 (unlawful restraint),


20
            10-3.1 (aggravated unlawful restraint).


21
            An attempt to commit any of these offenses.


22
            (iv) A violation of any former law of this State 
23
        substantially
equivalent to any offense listed in 
24
        clause (2)(i) of this subsection (d).


25
        (2.5) For the purposes of subsection (b-5) only, a sex 
26
    offense means:


 


 






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1
            (i) A violation of any of the following Sections of 
2
        the Criminal Code of
1961:


3
                10-5(b)(10) (child luring), 10-7 (aiding and 
4
            abetting child abduction
under Section 
5
            10-5(b)(10)), 11-6 (indecent solicitation of
a

6
            child), 11-6.5 (indecent solicitation of an 
7
            adult), 11-15.1 (soliciting for a
juvenile

8
            prostitute), 11-17.1 (keeping a place of juvenile 
9
            prostitution), 11-18.1
(patronizing a juvenile 
10
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
11
            (exploitation of a child), 11-20.1 (child 
12
            pornography), 11-20.3 (aggravated child 
13
            pornography), 12-14.1
(predatory criminal sexual 
14
            assault of a child), or 12-33 (ritualized abuse of 
15
            a
child).  An attempt
to commit any of
these 
16
            offenses.


17
            (ii) A violation of any of the following Sections 
18
        of the Criminal Code
of 1961, when the victim is a 
19
        person under 18 years of age: 12-13 (criminal
sexual 
20
        assault), 12-14 (aggravated criminal sexual assault),

21
        12-16 (aggravated criminal sexual abuse), and 
22
        subsection (a) of Section 12-15
(criminal sexual 
23
        abuse).  An attempt to commit
any of these offenses.


24
            (iii) A violation of any of the following Sections 
25
        of the Criminal Code
of 1961, when the victim is a 
26
        person under 18 years of age and the defendant is
not a 
 


 






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1
        parent of the victim:


2
            10-1 (kidnapping),


3
            10-2 (aggravated kidnapping),


4
            10-3 (unlawful restraint),


5
            10-3.1 (aggravated unlawful restraint).


6
            An attempt to commit any of these offenses.


7
            (iv) A violation of any former law of this State 
8
        substantially
equivalent to any offense listed in this 
9
        paragraph (2.5) of
this subsection.


10
        (3) A conviction for an offense of federal law or the 
11
    law of another state
that is substantially equivalent to 
12
    any offense listed in paragraph (2) of this
 subsection (d) 
13
    shall constitute a conviction for the purpose of
this 
14
    Section.  A finding or adjudication as a sexually dangerous 
15
    person under
any federal law or law of another state that 
16
    is substantially equivalent to the
Sexually Dangerous 
17
    Persons Act shall constitute an adjudication for the

18
    purposes of this Section.


19
        (4) "Public park" includes a park, forest preserve, or

20
    conservation
area
under the jurisdiction of the State or a 
21
    unit of local government.


22
        (5) "Facility providing programs or services directed 
23
    towards persons
under
the age of 18" means any facility 
24
    providing programs or services exclusively
directed 
25
    towards persons under the age of 18.


26
        (6) "Loiter" means:


 


 






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1
            (i) Standing, sitting idly, whether or not the 
2
        person is in a vehicle or
remaining in or around public 
3
        park property.


4
            (ii) Standing, sitting idly, whether or not the 
5
        person is in a vehicle
or remaining in or around public 
6
        park property, for the purpose of committing
or

7
        attempting to commit a sex offense.


8
        (7) "Playground" means a piece of land owned or 
9
    controlled by a unit
of
local government that is designated 
10
    by the unit of local government for use
solely or primarily 
11
    for children's recreation.

12
        (8) "Child care institution" has the meaning ascribed 
13
    to it in Section 2.06 of the Child Care Act of 1969.

14
        (9) "Day care center" has the meaning ascribed to it in 
15
    Section 2.09 of the Child Care Act of 1969.
16
        (10) "Part day child care facility" has the meaning 
17
    ascribed to it in Section 2.10 of the Child Care Act of 
18
    1969.

19
        (11)  "Day care home" has the meaning ascribed to it in 
20
    Section 2.18 of the Child Care Act of 1969. 
21
        (12)  "Group day care home" has the meaning ascribed to 
22
    it in Section 2.20 of the Child Care Act of 1969. 
23
        (13)
(11)  "Internet" means an interactive computer 
24
    service or system or an
information service, system, or 
25
    access software provider that provides or
enables computer 
26
    access by multiple users to a computer server, and 
 


 






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1
    includes,
but is not limited to, an information service, 
2
    system, or access software
provider that provides access to 
3
    a network system commonly known as the
Internet, or any 
4
    comparable system or service and also includes, but is not

5
    limited to, a World Wide Web page, newsgroup, message 
6
    board, mailing list, or
chat area on any interactive 
7
    computer service or system or other online
service. 
8
        (14) "Authorized emergency vehicle", "rescue vehicle", 
9
    and "vehicle" have the meanings ascribed to them in 
10
    Sections 1-105, 1-171.8 and 1-217, respectively, of the 
11
    Illinois Vehicle Code. 
12
    (d-5) For the purposes of this Section, the 500 feet 
13
distance shall be measured from the edge of the property  
14
comprising the public park building or the real property 
15
comprising the public park, playground, child care 
16
institution, day care center, part day child care facility, or 
17
a facility providing programs or services
exclusively directed 
18
toward persons under 18 years of age, or a victim of the sex 
19
offense who is under 21 years of age to the edge of the child 
20
sex offender's place of residence or where he or she is 
21
loitering.

22
    (e) Sentence.  A person who violates this Section is guilty 
23
of a Class 4
felony.

24
(Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640, 
25
eff. 6-1-08; 95-819, eff. 1-1-09; 95-820, eff. 1-1-09; 95-821, 
26
eff. 8-14-08; 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; 
 


 






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1
revised 10-20-08.)
 
2
    Section 95. No acceleration or delay. Where this Act makes 
3
changes in a statute that is represented in this Act by text 
4
that is not yet or no longer in effect (for example, a Section 
5
represented by multiple versions), the use of that text does 
6
not accelerate or delay the taking effect of (i) the changes 
7
made by this Act or (ii) provisions derived from any other 
8
Public Act.
 

9
    Section 99. Effective date. This Act takes effect upon 
10
becoming law.