SB2589 Enrolled

LRB096 17651 RLC 33009 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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Sections 11-9 and 11-9.1 as follows:
 



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    (720 ILCS 5/11-9)  (from Ch. 38, par. 11-9)



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    Sec. 11-9. Public indecency. 

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    (a) Any person of the age of 17 years and upwards who 
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performs any of
the following acts in a public place commits a 
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public indecency:


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        (1) An act of sexual penetration or sexual conduct as 
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    defined in Section
12-12 of this Code; or


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        (2) A lewd exposure of the body done with intent to 
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    arouse or to satisfy
the sexual desire of the person.

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    Breast-feeding of infants is not an act of public 
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indecency.

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    (b) "Public place" for purposes of this Section means any 
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place where
the conduct may reasonably be expected to be viewed 
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by others.

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    (c) Sentence.

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    Public indecency is a Class A misdemeanor.
A person 
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convicted of a third or subsequent violation for public 
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indecency
is guilty of a Class 4 felony. Public indecency is a 
 


 






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LRB096 17651 RLC 33009 b




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Class 4 felony if committed by a person 18 years of age or 
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older who is on or within 500 feet of elementary or secondary 
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school grounds when children are present on the grounds. 

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(Source: P.A. 91-115, eff. 1-1-00.)

 



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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 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,

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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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        (4)  Sexual exploitation of a child is a Class 4 felony 
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    if committed by a person 18 years of age or older who is on 
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    or within 500 feet of elementary or secondary school 
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    grounds when children are present on the grounds. 
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(Source: P.A. 94-140, eff. 7-7-05.)