101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1434

 

Introduced 2/13/2019, by Sen. William E. Brady

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-30.5 new
730 ILCS 150/2  from Ch. 38, par. 222

    Amends the Criminal Code of 2012. Creates the offense of voyeurism. Provides that a person commits the offense when he or she knowingly and for the purpose of sexual arousal or gratification spies upon, observes, or otherwise views another person without the consent of the other person while the other person is nude, bathing, showering, partially undressed, or changing clothes in a location where the other person has a reasonable expectation of privacy. Provides that it is not a defense to voyeurism that the defendant was lawfully on the premises or location where the offense occurred. Provides that a violation is a Class A misdemeanor. Provides that if the victim is under 17 years of age at the time of the commission of the offense the violation is a Class 4 felony. Amends the Sex Offender Registration Act. Includes voyeurism as a sex offense for which the offender shall register for a period of 10 years.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding
5Section 11-30.5 as follows:
 
6    (720 ILCS 5/11-30.5 new)
7    Sec. 11-30.5. Voyeurism.
8    (a) A person commits voyeurism when he or she knowingly and
9for the purpose of sexual arousal or gratification spies upon,
10observes, or otherwise views another person without the consent
11of the other person while the other person is nude, bathing,
12showering, partially undressed, or changing clothes in a
13location where the other person has a reasonable expectation of
14privacy.
15    (b) It is not a defense to a violation of this Section that
16the defendant was lawfully on the premises or location where
17the offense occurred.
18    (c) Sentence. A violation of this Section is a Class A
19misdemeanor. If the victim is under 17 years of age at the time
20of the commission of the offense the violation is a Class 4
21felony.
 
22    Section 10. The Sex Offender Registration Act is amended by

 

 

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1changing Section 2 as follows:
 
2    (730 ILCS 150/2)  (from Ch. 38, par. 222)
3    Sec. 2. Definitions.
4    (A) As used in this Article, "sex offender" means any
5person who is:
6        (1) charged pursuant to Illinois law, or any
7    substantially similar federal, Uniform Code of Military
8    Justice, sister state, or foreign country law, with a sex
9    offense set forth in subsection (B) of this Section or the
10    attempt to commit an included sex offense, and:
11            (a) is convicted of such offense or an attempt to
12        commit such offense; or
13            (b) is found not guilty by reason of insanity of
14        such offense or an attempt to commit such offense; or
15            (c) is found not guilty by reason of insanity
16        pursuant to Section 104-25(c) of the Code of Criminal
17        Procedure of 1963 of such offense or an attempt to
18        commit such offense; or
19            (d) is the subject of a finding not resulting in an
20        acquittal at a hearing conducted pursuant to Section
21        104-25(a) of the Code of Criminal Procedure of 1963 for
22        the alleged commission or attempted commission of such
23        offense; or
24            (e) is found not guilty by reason of insanity
25        following a hearing conducted pursuant to a federal,

 

 

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1        Uniform Code of Military Justice, sister state, or
2        foreign country law substantially similar to Section
3        104-25(c) of the Code of Criminal Procedure of 1963 of
4        such offense or of the attempted commission of such
5        offense; or
6            (f) is the subject of a finding not resulting in an
7        acquittal at a hearing conducted pursuant to a federal,
8        Uniform Code of Military Justice, sister state, or
9        foreign country law substantially similar to Section
10        104-25(a) of the Code of Criminal Procedure of 1963 for
11        the alleged violation or attempted commission of such
12        offense; or
13        (2) declared as a sexually dangerous person pursuant to
14    the Illinois Sexually Dangerous Persons Act, or any
15    substantially similar federal, Uniform Code of Military
16    Justice, sister state, or foreign country law; or
17        (3) subject to the provisions of Section 2 of the
18    Interstate Agreements on Sexually Dangerous Persons Act;
19    or
20        (4) found to be a sexually violent person pursuant to
21    the Sexually Violent Persons Commitment Act or any
22    substantially similar federal, Uniform Code of Military
23    Justice, sister state, or foreign country law; or
24        (5) adjudicated a juvenile delinquent as the result of
25    committing or attempting to commit an act which, if
26    committed by an adult, would constitute any of the offenses

 

 

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1    specified in item (B), (C), or (C-5) of this Section or a
2    violation of any substantially similar federal, Uniform
3    Code of Military Justice, sister state, or foreign country
4    law, or found guilty under Article V of the Juvenile Court
5    Act of 1987 of committing or attempting to commit an act
6    which, if committed by an adult, would constitute any of
7    the offenses specified in item (B), (C), or (C-5) of this
8    Section or a violation of any substantially similar
9    federal, Uniform Code of Military Justice, sister state, or
10    foreign country law.
11    Convictions that result from or are connected with the same
12act, or result from offenses committed at the same time, shall
13be counted for the purpose of this Article as one conviction.
14Any conviction set aside pursuant to law is not a conviction
15for purposes of this Article.
16     For purposes of this Section, "convicted" shall have the
17same meaning as "adjudicated".
18    (B) As used in this Article, "sex offense" means:
19        (1) A violation of any of the following Sections of the
20    Criminal Code of 1961 or the Criminal Code of 2012:
21            11-20.1 (child pornography),
22            11-20.1B or 11-20.3 (aggravated child
23        pornography),
24            11-6 (indecent solicitation of a child),
25            11-9.1 (sexual exploitation of a child),
26            11-9.2 (custodial sexual misconduct),

 

 

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1            11-9.5 (sexual misconduct with a person with a
2        disability),
3            11-14.4 (promoting juvenile prostitution),
4            11-15.1 (soliciting for a juvenile prostitute),
5            11-18.1 (patronizing a juvenile prostitute),
6            11-17.1 (keeping a place of juvenile
7        prostitution),
8            11-19.1 (juvenile pimping),
9            11-19.2 (exploitation of a child),
10            11-25 (grooming),
11            11-26 (traveling to meet a minor or traveling to
12        meet a child),
13            11-30.5 (voyeurism),
14            11-1.20 or 12-13 (criminal sexual assault),
15            11-1.30 or 12-14 (aggravated criminal sexual
16        assault),
17            11-1.40 or 12-14.1 (predatory criminal sexual
18        assault of a child),
19            11-1.50 or 12-15 (criminal sexual abuse),
20            11-1.60 or 12-16 (aggravated criminal sexual
21        abuse),
22            12-33 (ritualized abuse of a child).
23            An attempt to commit any of these offenses.
24        (1.5) A violation of any of the following Sections of
25    the Criminal Code of 1961 or the Criminal Code of 2012,
26    when the victim is a person under 18 years of age, the

 

 

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1    defendant is not a parent of the victim, the offense was
2    sexually motivated as defined in Section 10 of the Sex
3    Offender Evaluation and Treatment Act, and the offense was
4    committed on or after January 1, 1996:
5            10-1 (kidnapping),
6            10-2 (aggravated kidnapping),
7            10-3 (unlawful restraint),
8            10-3.1 (aggravated unlawful restraint).
9        If the offense was committed before January 1, 1996, it
10    is a sex offense requiring registration only when the
11    person is convicted of any felony after July 1, 2011, and
12    paragraph (2.1) of subsection (c) of Section 3 of this Act
13    applies.
14        (1.6) First degree murder under Section 9-1 of the
15    Criminal Code of 1961 or the Criminal Code of 2012,
16    provided the offense was sexually motivated as defined in
17    Section 10 of the Sex Offender Management Board Act.
18        (1.7) (Blank).
19        (1.8) A violation or attempted violation of Section
20    11-11 (sexual relations within families) of the Criminal
21    Code of 1961 or the Criminal Code of 2012, and the offense
22    was committed on or after June 1, 1997. If the offense was
23    committed before June 1, 1997, it is a sex offense
24    requiring registration only when the person is convicted of
25    any felony after July 1, 2011, and paragraph (2.1) of
26    subsection (c) of Section 3 of this Act applies.

 

 

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1        (1.9) Child abduction under paragraph (10) of
2    subsection (b) of Section 10-5 of the Criminal Code of 1961
3    or the Criminal Code of 2012 committed by luring or
4    attempting to lure a child under the age of 16 into a motor
5    vehicle, building, house trailer, or dwelling place
6    without the consent of the parent or lawful custodian of
7    the child for other than a lawful purpose and the offense
8    was committed on or after January 1, 1998, provided the
9    offense was sexually motivated as defined in Section 10 of
10    the Sex Offender Management Board Act. If the offense was
11    committed before January 1, 1998, it is a sex offense
12    requiring registration only when the person is convicted of
13    any felony after July 1, 2011, and paragraph (2.1) of
14    subsection (c) of Section 3 of this Act applies.
15        (1.10) A violation or attempted violation of any of the
16    following Sections of the Criminal Code of 1961 or the
17    Criminal Code of 2012 when the offense was committed on or
18    after July 1, 1999:
19            10-4 (forcible detention, if the victim is under 18
20        years of age), provided the offense was sexually
21        motivated as defined in Section 10 of the Sex Offender
22        Management Board Act,
23            11-6.5 (indecent solicitation of an adult),
24            11-14.3 that involves soliciting for a prostitute,
25        or 11-15 (soliciting for a prostitute, if the victim is
26        under 18 years of age),

 

 

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1            subdivision (a)(2)(A) or (a)(2)(B) of Section
2        11-14.3, or Section 11-16 (pandering, if the victim is
3        under 18 years of age),
4            11-18 (patronizing a prostitute, if the victim is
5        under 18 years of age),
6            subdivision (a)(2)(C) of Section 11-14.3, or
7        Section 11-19 (pimping, if the victim is under 18 years
8        of age).
9        If the offense was committed before July 1, 1999, it is
10    a sex offense requiring registration only when the person
11    is convicted of any felony after July 1, 2011, and
12    paragraph (2.1) of subsection (c) of Section 3 of this Act
13    applies.
14        (1.11) A violation or attempted violation of any of the
15    following Sections of the Criminal Code of 1961 or the
16    Criminal Code of 2012 when the offense was committed on or
17    after August 22, 2002:
18            11-9 or 11-30 (public indecency for a third or
19        subsequent conviction).
20        If the third or subsequent conviction was imposed
21    before August 22, 2002, it is a sex offense requiring
22    registration only when the person is convicted of any
23    felony after July 1, 2011, and paragraph (2.1) of
24    subsection (c) of Section 3 of this Act applies.
25        (1.12) A violation or attempted violation of Section
26    5.1 of the Wrongs to Children Act or Section 11-9.1A of the

 

 

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1    Criminal Code of 1961 or the Criminal Code of 2012
2    (permitting sexual abuse) when the offense was committed on
3    or after August 22, 2002. If the offense was committed
4    before August 22, 2002, it is a sex offense requiring
5    registration only when the person is convicted of any
6    felony after July 1, 2011, and paragraph (2.1) of
7    subsection (c) of Section 3 of this Act applies.
8        (2) A violation of any former law of this State
9    substantially equivalent to any offense listed in
10    subsection (B) of this Section.
11    (C) A conviction for an offense of federal law, Uniform
12Code of Military Justice, or the law of another state or a
13foreign country that is substantially equivalent to any offense
14listed in subsections (B), (C), (E), and (E-5) of this Section
15shall constitute a conviction for the purpose of this Article.
16A finding or adjudication as a sexually dangerous person or a
17sexually violent person under any federal law, Uniform Code of
18Military Justice, or the law of another state or foreign
19country that is substantially equivalent to the Sexually
20Dangerous Persons Act or the Sexually Violent Persons
21Commitment Act shall constitute an adjudication for the
22purposes of this Article.
23    (C-5) A person at least 17 years of age at the time of the
24commission of the offense who is convicted of first degree
25murder under Section 9-1 of the Criminal Code of 1961 or the
26Criminal Code of 2012, against a person under 18 years of age,

 

 

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1shall be required to register for natural life. A conviction
2for an offense of federal, Uniform Code of Military Justice,
3sister state, or foreign country law that is substantially
4equivalent to any offense listed in subsection (C-5) of this
5Section shall constitute a conviction for the purpose of this
6Article. This subsection (C-5) applies to a person who
7committed the offense before June 1, 1996 if: (i) the person is
8incarcerated in an Illinois Department of Corrections facility
9on August 20, 2004 (the effective date of Public Act 93-977),
10or (ii) subparagraph (i) does not apply and the person is
11convicted of any felony after July 1, 2011, and paragraph (2.1)
12of subsection (c) of Section 3 of this Act applies.
13    (C-6) A person who is convicted or adjudicated delinquent
14of first degree murder as defined in Section 9-1 of the
15Criminal Code of 1961 or the Criminal Code of 2012, against a
16person 18 years of age or over, shall be required to register
17for his or her natural life. A conviction for an offense of
18federal, Uniform Code of Military Justice, sister state, or
19foreign country law that is substantially equivalent to any
20offense listed in subsection (C-6) of this Section shall
21constitute a conviction for the purpose of this Article. This
22subsection (C-6) does not apply to those individuals released
23from incarceration more than 10 years prior to January 1, 2012
24(the effective date of Public Act 97-154).
25    (D) As used in this Article, "law enforcement agency having
26jurisdiction" means the Chief of Police in each of the

 

 

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1municipalities in which the sex offender expects to reside,
2work, or attend school (1) upon his or her discharge, parole or
3release or (2) during the service of his or her sentence of
4probation or conditional discharge, or the Sheriff of the
5county, in the event no Police Chief exists or if the offender
6intends to reside, work, or attend school in an unincorporated
7area. "Law enforcement agency having jurisdiction" includes
8the location where out-of-state students attend school and
9where out-of-state employees are employed or are otherwise
10required to register.
11    (D-1) As used in this Article, "supervising officer" means
12the assigned Illinois Department of Corrections parole agent or
13county probation officer.
14    (E) As used in this Article, "sexual predator" means any
15person who, after July 1, 1999, is:
16        (1) Convicted for an offense of federal, Uniform Code
17    of Military Justice, sister state, or foreign country law
18    that is substantially equivalent to any offense listed in
19    subsection (E) or (E-5) of this Section shall constitute a
20    conviction for the purpose of this Article. Convicted of a
21    violation or attempted violation of any of the following
22    Sections of the Criminal Code of 1961 or the Criminal Code
23    of 2012:
24            10-5.1 (luring of a minor),
25            11-14.4 that involves keeping a place of juvenile
26        prostitution, or 11-17.1 (keeping a place of juvenile

 

 

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1        prostitution),
2            subdivision (a)(2) or (a)(3) of Section 11-14.4,
3        or Section 11-19.1 (juvenile pimping),
4            subdivision (a)(4) of Section 11-14.4, or Section
5        11-19.2 (exploitation of a child),
6            11-20.1 (child pornography),
7            11-20.1B or 11-20.3 (aggravated child
8        pornography),
9            11-1.20 or 12-13 (criminal sexual assault),
10            11-1.30 or 12-14 (aggravated criminal sexual
11        assault),
12            11-1.40 or 12-14.1 (predatory criminal sexual
13        assault of a child),
14            11-1.60 or 12-16 (aggravated criminal sexual
15        abuse),
16            12-33 (ritualized abuse of a child);
17        (2) (blank);
18        (3) declared as a sexually dangerous person pursuant to
19    the Sexually Dangerous Persons Act or any substantially
20    similar federal, Uniform Code of Military Justice, sister
21    state, or foreign country law;
22        (4) found to be a sexually violent person pursuant to
23    the Sexually Violent Persons Commitment Act or any
24    substantially similar federal, Uniform Code of Military
25    Justice, sister state, or foreign country law;
26        (5) convicted of a second or subsequent offense which

 

 

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1    requires registration pursuant to this Act. For purposes of
2    this paragraph (5), "convicted" shall include a conviction
3    under any substantially similar Illinois, federal, Uniform
4    Code of Military Justice, sister state, or foreign country
5    law;
6        (6) (blank); or
7        (7) if the person was convicted of an offense set forth
8    in this subsection (E) on or before July 1, 1999, the
9    person is a sexual predator for whom registration is
10    required only when the person is convicted of a felony
11    offense after July 1, 2011, and paragraph (2.1) of
12    subsection (c) of Section 3 of this Act applies.
13    (E-5) As used in this Article, "sexual predator" also means
14a person convicted of a violation or attempted violation of any
15of the following Sections of the Criminal Code of 1961 or the
16Criminal Code of 2012:
17        (1) Section 9-1 (first degree murder, when the victim
18    was a person under 18 years of age and the defendant was at
19    least 17 years of age at the time of the commission of the
20    offense, provided the offense was sexually motivated as
21    defined in Section 10 of the Sex Offender Management Board
22    Act);
23        (2) Section 11-9.5 (sexual misconduct with a person
24    with a disability);
25        (3) when the victim is a person under 18 years of age,
26    the defendant is not a parent of the victim, the offense

 

 

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1    was sexually motivated as defined in Section 10 of the Sex
2    Offender Management Board Act, and the offense was
3    committed on or after January 1, 1996: (A) Section 10-1
4    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
5    (C) Section 10-3 (unlawful restraint), and (D) Section
6    10-3.1 (aggravated unlawful restraint); and
7        (4) Section 10-5(b)(10) (child abduction committed by
8    luring or attempting to lure a child under the age of 16
9    into a motor vehicle, building, house trailer, or dwelling
10    place without the consent of the parent or lawful custodian
11    of the child for other than a lawful purpose and the
12    offense was committed on or after January 1, 1998, provided
13    the offense was sexually motivated as defined in Section 10
14    of the Sex Offender Management Board Act).
15    (E-10) As used in this Article, "sexual predator" also
16means a person required to register in another State due to a
17conviction, adjudication or other action of any court
18triggering an obligation to register as a sex offender, sexual
19predator, or substantially similar status under the laws of
20that State.
21    (F) As used in this Article, "out-of-state student" means
22any sex offender, as defined in this Section, or sexual
23predator who is enrolled in Illinois, on a full-time or
24part-time basis, in any public or private educational
25institution, including, but not limited to, any secondary
26school, trade or professional institution, or institution of

 

 

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1higher learning.
2    (G) As used in this Article, "out-of-state employee" means
3any sex offender, as defined in this Section, or sexual
4predator who works in Illinois, regardless of whether the
5individual receives payment for services performed, for a
6period of time of 10 or more days or for an aggregate period of
7time of 30 or more days during any calendar year. Persons who
8operate motor vehicles in the State accrue one day of
9employment time for any portion of a day spent in Illinois.
10    (H) As used in this Article, "school" means any public or
11private educational institution, including, but not limited
12to, any elementary or secondary school, trade or professional
13institution, or institution of higher education.
14    (I) As used in this Article, "fixed residence" means any
15and all places that a sex offender resides for an aggregate
16period of time of 5 or more days in a calendar year.
17    (J) As used in this Article, "Internet protocol address"
18means the string of numbers by which a location on the Internet
19is identified by routers or other computers connected to the
20Internet.
21(Source: P.A. 100-428, eff. 1-1-18.)