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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 2012 is amended by | |||||||||||||||||||||
5 | changing Sections 10-9 and 11-14.1 as follows: | |||||||||||||||||||||
6 | (720 ILCS 5/10-9) | |||||||||||||||||||||
7 | Sec. 10-9. Trafficking in persons, involuntary servitude, | |||||||||||||||||||||
8 | and related offenses. | |||||||||||||||||||||
9 | (a) Definitions. In this Section: | |||||||||||||||||||||
10 | (1) "Intimidation" has the meaning prescribed in | |||||||||||||||||||||
11 | Section 12-6. | |||||||||||||||||||||
12 | (2) "Commercial sexual activity" means any sex act on | |||||||||||||||||||||
13 | account of which anything of value is given, promised to, | |||||||||||||||||||||
14 | or received by any person.
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15 | (2.5) "Company" means any sole proprietorship, | |||||||||||||||||||||
16 | organization, association, corporation, partnership, | |||||||||||||||||||||
17 | joint venture, limited partnership, limited liability | |||||||||||||||||||||
18 | partnership, limited liability limited partnership, | |||||||||||||||||||||
19 | limited liability company, or other entity or business | |||||||||||||||||||||
20 | association, including all wholly owned subsidiaries, | |||||||||||||||||||||
21 | majority-owned subsidiaries, parent companies, or | |||||||||||||||||||||
22 | affiliates of those entities or business associations, | |||||||||||||||||||||
23 | that exist for the purpose of making profit. |
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1 | (3) "Financial harm" includes intimidation that brings | ||||||
2 | about financial loss, criminal usury, or employment | ||||||
3 | contracts that violate the Frauds Act. | ||||||
4 | (4) (Blank). | ||||||
5 | (5) "Labor" means work of economic or financial value. | ||||||
6 | (6) "Maintain" means, in relation to labor or | ||||||
7 | services, to secure continued performance thereof, | ||||||
8 | regardless of any initial agreement on the part of the | ||||||
9 | victim to perform that type of service. | ||||||
10 | (7) "Obtain" means, in relation to labor or services, | ||||||
11 | to secure performance thereof. | ||||||
12 | (7.1) "Residential treatment center" has the meaning | ||||||
13 | ascribed to it in subsection (12.3) of Section 1-3 of the | ||||||
14 | Juvenile Court Act of 1987. | ||||||
15 | (7.5) "Serious harm" means any harm, whether physical | ||||||
16 | or nonphysical, including psychological, financial, or | ||||||
17 | reputational harm, that is sufficiently serious, under all | ||||||
18 | the surrounding circumstances, to compel a reasonable | ||||||
19 | person of the same background and in the same | ||||||
20 | circumstances to perform or to continue performing labor | ||||||
21 | or services in order to avoid incurring that harm. | ||||||
22 | (8) "Services" means activities resulting from a | ||||||
23 | relationship between a person and the actor in which the | ||||||
24 | person performs activities under the supervision of or for | ||||||
25 | the benefit of the actor. Commercial sexual activity and | ||||||
26 | sexually-explicit performances are forms of activities |
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1 | that are "services" under this Section. Nothing in this | ||||||
2 | definition may be construed to legitimize or legalize | ||||||
3 | prostitution. | ||||||
4 | (9) "Sexually-explicit performance" means a live, | ||||||
5 | recorded, broadcast (including over the Internet), or | ||||||
6 | public act or show intended to arouse or satisfy the | ||||||
7 | sexual desires or appeal to the prurient interests of | ||||||
8 | patrons. | ||||||
9 | (10) "Trafficking victim" means a person subjected to | ||||||
10 | the practices set forth in subsection (b), (c), or (d). | ||||||
11 | (b) Involuntary servitude. A person commits involuntary | ||||||
12 | servitude when he or she knowingly subjects, attempts to | ||||||
13 | subject, or engages in a conspiracy to subject another person | ||||||
14 | to labor or services obtained or maintained through any of the | ||||||
15 | following means, or any combination of these means: | ||||||
16 | (1) causes or threatens to cause physical harm to any | ||||||
17 | person; | ||||||
18 | (2) physically restrains or threatens to physically | ||||||
19 | restrain another person; | ||||||
20 | (3) abuses or threatens to abuse the law or legal | ||||||
21 | process; | ||||||
22 | (4) knowingly destroys, conceals, removes, | ||||||
23 | confiscates, or possesses any actual or purported passport | ||||||
24 | or other immigration document, or any other actual or | ||||||
25 | purported government identification document, of another | ||||||
26 | person; |
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1 | (5) uses intimidation, or exerts financial control | ||||||
2 | over any person; or | ||||||
3 | (6) uses any scheme, plan, or pattern intended to | ||||||
4 | cause the person to believe that, if the person did not | ||||||
5 | perform the labor or services, that person or another | ||||||
6 | person would suffer serious harm or physical restraint. | ||||||
7 | Sentence. Except as otherwise provided in subsection (e) | ||||||
8 | or (f), a violation of subsection (b)(1) is a Class X felony, | ||||||
9 | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) | ||||||
10 | is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. | ||||||
11 | A violation of subsection (b)(2) if the person was | ||||||
12 | recruited, enticed, or obtained by any means from a shelter, | ||||||
13 | safe house, or facility, including, but not limited to, a | ||||||
14 | residential treatment center that serves runway youth, foster | ||||||
15 | children, the homeless, or victims of trafficking, or those | ||||||
16 | subjected to domestic violence or sexual assault is a Class X | ||||||
17 | felony. | ||||||
18 | A violation of subsection (b)(3) if the person was | ||||||
19 | recruited, enticed, or obtained by any means from a shelter, | ||||||
20 | safe house, or facility, including, but not limited to, a | ||||||
21 | residential treatment center that serves runway youth, foster | ||||||
22 | children, the homeless, or victims of trafficking, or those | ||||||
23 | subjected to domestic violence or sexual assault is a Class 1 | ||||||
24 | felony. | ||||||
25 | A violation of subsection (b)(4) if the person was | ||||||
26 | recruited, enticed, or obtained by any means from a shelter, |
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1 | safe house, or facility, including, but not limited to, a | ||||||
2 | residential treatment center that serves runway youth, foster | ||||||
3 | children, the homeless, or victims of trafficking, or those | ||||||
4 | subjected to domestic violence or sexual assault is a Class 2 | ||||||
5 | felony. | ||||||
6 | A violation of subsection (b)(5) or (b)(6) if the person | ||||||
7 | was recruited, enticed, or obtained by any means from a | ||||||
8 | shelter, safe house, or facility, including, but not limited | ||||||
9 | to, a residential treatment center that serves runway youth, | ||||||
10 | foster children, the homeless, or victims of trafficking, or | ||||||
11 | those subjected to domestic violence or sexual assault is a | ||||||
12 | Class 3 felony. | ||||||
13 | (c) Involuntary sexual servitude of a minor. A person | ||||||
14 | commits involuntary sexual servitude of a minor when he or she | ||||||
15 | knowingly recruits, entices, harbors, transports, provides, or | ||||||
16 | obtains by any means, or attempts to recruit, entice, harbor, | ||||||
17 | provide, or obtain by any means, another person under 18 years | ||||||
18 | of age, knowing that the minor will engage in commercial | ||||||
19 | sexual activity, a sexually-explicit performance, or the | ||||||
20 | production of pornography, or causes or attempts to cause a | ||||||
21 | minor to engage in one or more of those activities and: | ||||||
22 | (1) there is no overt force or threat and the minor is | ||||||
23 | between the ages of 17 and 18 years; | ||||||
24 | (2) there is no overt force or threat and the minor is | ||||||
25 | under the age of 17 years; or | ||||||
26 | (3) there is overt force or threat ; or . |
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1 | (4) the minor is under 18 years of age and was | ||||||
2 | recruited, enticed, or obtained by any means from a | ||||||
3 | shelter, safe house, or facility, including, but not | ||||||
4 | limited to, a residential treatment center that serves | ||||||
5 | runway youth, foster children, the homeless, or victims of | ||||||
6 | trafficking, or those subjected to domestic violence or | ||||||
7 | sexual assault. | ||||||
8 | Sentence. Except as otherwise provided in subsection (e) | ||||||
9 | or (f), a violation of subsection (c)(1) is a Class 1 felony, | ||||||
10 | (c)(2) is a Class X felony, and (c)(3) is a Class X felony , and | ||||||
11 | (c)(4) is a Class X felony . | ||||||
12 | (d) Trafficking in persons. A person commits trafficking | ||||||
13 | in persons when he or she knowingly: (1) recruits, entices, | ||||||
14 | harbors, transports, provides, or obtains by any means, or | ||||||
15 | attempts to recruit, entice, harbor, transport, provide, or | ||||||
16 | obtain by any means, another person, intending or knowing that | ||||||
17 | the person will be subjected to involuntary servitude; or (2) | ||||||
18 | benefits, financially or by receiving anything of value, from | ||||||
19 | participation in a venture that has engaged in an act of | ||||||
20 | involuntary servitude or involuntary sexual servitude of a | ||||||
21 | minor. A company commits trafficking in persons when the | ||||||
22 | company knowingly benefits, financially or by receiving | ||||||
23 | anything of value, from participation in a venture that has | ||||||
24 | engaged in an act of involuntary servitude or involuntary | ||||||
25 | sexual servitude of a minor. | ||||||
26 | Sentence. Except as otherwise provided in subsection (e) |
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1 | or (f), a violation of this subsection by a person is a Class 1 | ||||||
2 | felony. A violation of this subsection by a company is a | ||||||
3 | business offense for which a fine of up to $100,000 may be | ||||||
4 | imposed. | ||||||
5 | (e) Aggravating factors. A violation of this Section | ||||||
6 | involving kidnapping or an attempt to kidnap, aggravated | ||||||
7 | criminal sexual assault or an attempt to commit aggravated | ||||||
8 | criminal sexual assault, or an attempt to commit first degree | ||||||
9 | murder is a Class X felony. | ||||||
10 | (f) Sentencing considerations. | ||||||
11 | (1) Bodily injury. If, pursuant to a violation of this | ||||||
12 | Section, a victim
suffered bodily injury, the defendant | ||||||
13 | may be sentenced to an extended-term sentence under | ||||||
14 | Section 5-8-2 of the Unified Code of Corrections. The | ||||||
15 | sentencing court must take into account the time in which | ||||||
16 | the victim was held in servitude, with increased penalties | ||||||
17 | for cases in which the victim was held for between 180 days | ||||||
18 | and one year, and increased penalties for cases in which | ||||||
19 | the victim was held for more than one year. | ||||||
20 | (2) Number of victims. In determining sentences within | ||||||
21 | statutory maximums, the sentencing court should take into | ||||||
22 | account the number of victims, and may provide for | ||||||
23 | substantially increased sentences in cases involving more | ||||||
24 | than 10 victims. | ||||||
25 | (g) Restitution. Restitution is mandatory under this | ||||||
26 | Section. In addition to any other amount of loss identified, |
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1 | the court shall order restitution including the greater of (1) | ||||||
2 | the gross income or value to the defendant of the victim's | ||||||
3 | labor or services or (2) the value of the victim's labor as | ||||||
4 | guaranteed under the Minimum Wage Law and overtime provisions | ||||||
5 | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, | ||||||
6 | whichever is greater. | ||||||
7 | (g-5) Fine distribution. If the court imposes a fine under | ||||||
8 | subsection (b), (c), or (d) of this Section, it shall be | ||||||
9 | collected and distributed to the Specialized Services for | ||||||
10 | Survivors of Human Trafficking Fund in accordance with Section | ||||||
11 | 5-9-1.21 of the Unified Code of Corrections. | ||||||
12 | (h) Trafficking victim services. Subject to the | ||||||
13 | availability of funds, the Department of Human Services may | ||||||
14 | provide or fund emergency services and assistance to | ||||||
15 | individuals who are victims of one or more offenses defined in | ||||||
16 | this Section.
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17 | (i) Certification. The Attorney General, a State's | ||||||
18 | Attorney, or any law enforcement official shall certify in | ||||||
19 | writing to the United States Department of Justice or other | ||||||
20 | federal agency, such as the United States Department of | ||||||
21 | Homeland Security, that an investigation or prosecution under | ||||||
22 | this Section has begun and the individual who is a likely | ||||||
23 | victim of a crime described in this Section is willing to | ||||||
24 | cooperate or is cooperating with the investigation to enable | ||||||
25 | the individual, if eligible under federal law, to qualify for | ||||||
26 | an appropriate special immigrant visa and to access available |
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1 | federal benefits. Cooperation with law enforcement shall not | ||||||
2 | be required of victims of a crime described in this Section who | ||||||
3 | are under 18 years of age. This certification shall be made | ||||||
4 | available to the victim and his or her designated legal | ||||||
5 | representative. | ||||||
6 | (j) A person who commits involuntary servitude, | ||||||
7 | involuntary sexual servitude of a minor, or trafficking in | ||||||
8 | persons under subsection (b), (c), or (d) of this Section is | ||||||
9 | subject to the property forfeiture provisions set forth in | ||||||
10 | Article 124B of the Code of Criminal Procedure of 1963.
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11 | (Source: P.A. 101-18, eff. 1-1-20 .) | ||||||
12 | (720 ILCS 5/11-14.1) | ||||||
13 | Sec. 11-14.1. Solicitation of a sexual act. | ||||||
14 | (a) Any person who offers a person not his or her spouse | ||||||
15 | any money,
property, token, object, or article or anything of | ||||||
16 | value for that person or any other person not his or her spouse | ||||||
17 | to
perform any act of sexual penetration as defined in Section | ||||||
18 | 11-0.1 of this Code,
or any touching or fondling of the sex | ||||||
19 | organs of one person by another person
for the purpose of | ||||||
20 | sexual arousal or gratification, commits solicitation of a | ||||||
21 | sexual act. | ||||||
22 | (b) Sentence. Solicitation of a sexual act is a Class 4 | ||||||
23 | felony and a second or subsequent offense is a Class 3 felony A | ||||||
24 | misdemeanor . Solicitation of a sexual act from a person who is | ||||||
25 | under the age of 18 or who is a person with a severe or |
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1 | profound intellectual disability is a Class 3 4 felony and a | ||||||
2 | second or subsequent offense is a Class 2 felony . If the court | ||||||
3 | imposes a fine under this subsection (b), it shall be | ||||||
4 | collected and distributed to the Specialized Services for | ||||||
5 | Survivors of Human Trafficking Fund in accordance with Section | ||||||
6 | 5-9-1.21 of the Unified Code of Corrections. | ||||||
7 | (b-5) It is an affirmative defense to a charge of | ||||||
8 | solicitation of a sexual act with a person who is under the age | ||||||
9 | of 18 or who is a person with a severe or profound intellectual | ||||||
10 | disability that the accused reasonably believed the person was | ||||||
11 | of the age of 18 years or over or was not a person with a | ||||||
12 | severe or profound intellectual disability at the time of the | ||||||
13 | act giving rise to the charge. | ||||||
14 | (c) This Section does not apply to a person engaged in | ||||||
15 | prostitution who is under 18 years of age. | ||||||
16 | (d) A person cannot be convicted under this Section if the | ||||||
17 | practice of prostitution underlying the offense consists | ||||||
18 | exclusively of the accused's own acts of prostitution under | ||||||
19 | Section 11-14 of this Code. | ||||||
20 | (Source: P.A. 98-1013, eff. 1-1-15; 99-143, eff. 7-27-15.)
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