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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4358
Introduced 1/3/2006, by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 1961. Provides that a child sex offender who owns real property upon
which programs or services exclusively directed toward persons under 18 years of age are provided must post a conspicuous notice on the property informing the public that a child sex offender is the owner of the property. Provides that a violation is a Class 4 felony.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4358 |
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LRB094 16103 RLC 51342 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 11-9.4 as follows:
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| (720 ILCS 5/11-9.4)
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| Sec. 11-9.4. Approaching, contacting, residing, or |
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| communicating with a
child within certain places by child sex |
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| offenders
prohibited.
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| (a) It is unlawful for a child sex offender to knowingly be |
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| present in any
public park building or on real property |
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| comprising any public park
when persons under the age of
18 are
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| present in the building or on the grounds
and to approach, |
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| contact, or communicate with a child under 18 years of
age,
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| unless the
offender
is a parent or guardian of a person under |
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| 18 years of age present in the
building or on the
grounds.
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| (b) It is unlawful for a child sex offender to knowingly |
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| loiter on a public
way within 500 feet of a public park |
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| building or real property comprising any
public park
while |
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| persons under the age of 18 are present in the building or on |
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| the
grounds
and to approach, contact, or communicate with a |
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| child under 18 years of
age,
unless the offender
is a parent or |
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| guardian of a person under 18 years of age present in the
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| building or on the grounds.
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| (b-5) It is unlawful for a child sex offender to knowingly |
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| reside within
500 feet of a playground or a facility providing |
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| programs or services
exclusively directed toward persons under |
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| 18 years of age. Nothing in this
subsection (b-5) prohibits a |
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| child sex offender from residing within 500 feet
of a |
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| playground or a facility providing programs or services |
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| exclusively
directed toward persons under 18 years of age if |
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| the property is owned by the
child sex offender and was |
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HB4358 |
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LRB094 16103 RLC 51342 b |
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| purchased before the effective date of this
amendatory Act of |
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| the 91st General Assembly.
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| (b-6) It is unlawful for a child sex offender to knowingly |
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| 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 |
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| from residing within 500 feet
of the victim
if the property in |
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| which the child sex offender resides is owned by the
child sex |
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| offender and was purchased before the effective date of this
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| amendatory Act of the 92nd General Assembly.
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| This subsection (b-6) does not apply if the victim of the |
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| sex offense
is 21 years of age or older.
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| (c) It is unlawful for a child sex offender to knowingly |
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| operate, manage,
be employed by, volunteer at, be associated |
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| with, or knowingly be present at
any facility providing
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| programs or services exclusively directed towards persons |
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| under the age of 18.
This does not prohibit a child sex |
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| offender from owning the real property upon
which the programs |
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| or services are offered, provided the child sex offender
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| refrains from being present on the premises for the hours |
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| during which the
programs or services are being offered and |
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| posts a conspicuous notice on the property informing the public |
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| that a child sex offender is the owner of the property. Failure |
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| to post the notice required by this subsection (c) is a |
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| violation of this Section .
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| (d) Definitions. In this Section:
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| (1) "Child sex offender" means any person who:
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| (i) has been charged under Illinois law, or any |
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| substantially similar
federal law
or law of another |
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| state, with a sex offense set forth in
paragraph (2) of |
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| this subsection (d) or the attempt to commit an |
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| included sex
offense, and:
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| (A) is convicted of such offense or an attempt |
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| to commit such offense;
or
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| (B) is found not guilty by reason of insanity |
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| of such offense or an
attempt to commit such |
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| offense; or
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HB4358 |
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LRB094 16103 RLC 51342 b |
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| (C) is found not guilty by reason of insanity |
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| pursuant to subsection
(c) of Section 104-25 of the |
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| Code of Criminal Procedure of 1963 of such offense
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| or an attempt to commit such offense; or
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| (D) is the subject of a finding not resulting |
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| in an acquittal at a
hearing conducted pursuant to |
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| subsection (a) of Section 104-25 of the Code of
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| Criminal Procedure of 1963 for the alleged |
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| commission or attempted commission
of such |
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| offense; or
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| (E) is found not guilty by reason of insanity |
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| following a hearing
conducted pursuant to a |
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| federal law or the law of another state |
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| substantially
similar to subsection (c) of Section |
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| 104-25 of the Code of Criminal Procedure
of 1963 of |
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| such offense or of the attempted commission of such |
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| offense; or
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| (F) is the subject of a finding not resulting |
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| in an acquittal at a
hearing
conducted pursuant to |
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| a federal law or the law of another state |
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| substantially
similar to subsection (a) of Section |
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| 104-25 of the Code of Criminal Procedure
of 1963 |
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| for the alleged violation or attempted commission |
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| of such offense; or
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| (ii) is certified as a sexually dangerous person |
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| pursuant to the
Illinois
Sexually Dangerous Persons |
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| Act, or any substantially similar federal
law or the |
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| law of another state, when any conduct giving rise to |
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| such
certification is committed or attempted against a |
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| person less than 18 years of
age; or
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| (iii) is subject to the provisions of Section 2 of |
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| the Interstate
Agreements on Sexually Dangerous |
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| Persons Act.
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| Convictions that result from or are connected with the |
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| same act, or result
from offenses committed at the same |
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| time, shall be counted for the purpose of
this Section as |
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LRB094 16103 RLC 51342 b |
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| one conviction. Any conviction set aside pursuant to law is
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| not a conviction for purposes of this Section.
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| (2) Except as otherwise provided in paragraph (2.5), |
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| "sex offense"
means:
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| (i) A violation of any of the following Sections of |
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| the Criminal Code of
1961: 10-7 (aiding and abetting |
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| child abduction under Section 10-5(b)(10)),
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| 10-5(b)(10) (child luring), 11-6 (indecent |
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| solicitation of a child), 11-6.5
(indecent |
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| solicitation of an adult),
11-9 (public indecency when |
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| committed in a school, on the real property
comprising |
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| a school, on a conveyance owned, leased, or contracted |
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| by a
school to transport students to or from school or |
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| a school related activity, or
in a public park),
11-9.1 |
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| (sexual exploitation of a child), 11-15.1 (soliciting |
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| for a juvenile
prostitute), 11-17.1 (keeping a place of |
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| juvenile prostitution), 11-18.1
(patronizing a |
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| juvenile prostitute), 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child), 11-20.1 (child |
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| pornography), 11-21 (harmful
material), 12-14.1
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| (predatory criminal sexual assault of a child), 12-33 |
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| (ritualized abuse of a
child), 11-20 (obscenity) (when |
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| that offense was committed in any school, on
real |
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| property comprising any school, on any conveyance |
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| owned,
leased, or contracted by a school to transport |
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| students to or from school or a
school related |
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| activity, or in a public park). An attempt to commit |
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| any of
these offenses.
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| (ii) A violation of any of the following Sections |
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| of the Criminal Code
of 1961, when the victim is a |
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| person under 18 years of age: 12-13 (criminal
sexual |
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| assault), 12-14 (aggravated criminal sexual assault), |
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| 12-15 (criminal
sexual abuse), 12-16 (aggravated |
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| criminal sexual abuse). An attempt to commit
any of |
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| these offenses.
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| (iii) A violation of any of the following Sections |
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HB4358 |
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LRB094 16103 RLC 51342 b |
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| of the Criminal Code
of 1961, when the victim is a |
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| person under 18 years of age and the defendant is
not a |
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| parent of the victim:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| An attempt to commit any of these offenses.
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| (iv) A violation of any former law of this State |
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| substantially
equivalent to any offense listed in |
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| clause (2)(i) of this subsection (d).
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| (2.5) For the purposes of subsection (b-5) only, a sex |
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| offense means:
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| (i) A violation of any of the following Sections of |
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| the Criminal Code of
1961:
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| 10-5(b)(10) (child luring), 10-7 (aiding and |
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| abetting child abduction
under Section |
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| 10-5(b)(10)), 11-6 (indecent solicitation of
a
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| child), 11-6.5 (indecent solicitation of an |
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| adult), 11-15.1 (soliciting for a
juvenile
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| prostitute), 11-17.1 (keeping a place of juvenile |
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| prostitution), 11-18.1
(patronizing a juvenile |
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| prostitute), 11-19.1 (juvenile pimping),
11-19.2 |
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| (exploitation of a child), 11-20.1 (child |
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| pornography), 12-14.1
(predatory criminal sexual |
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| assault of a child), or 12-33 (ritualized abuse of |
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| a
child). An attempt
to commit any of
these |
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| offenses.
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| (ii) A violation of any of the following Sections |
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| of the Criminal Code
of 1961, when the victim is a |
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| person under 18 years of age: 12-13 (criminal
sexual |
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| assault), 12-14 (aggravated criminal sexual assault),
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| 12-16 (aggravated criminal sexual abuse), and |
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| subsection (a) of Section 12-15
(criminal sexual |
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| abuse). An attempt to commit
any of these offenses.
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| (iii) A violation of any of the following Sections |
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HB4358 |
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LRB094 16103 RLC 51342 b |
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| of the Criminal Code
of 1961, when the victim is a |
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| person under 18 years of age and the defendant is
not a |
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| parent of the victim:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| An attempt to commit any of these offenses.
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| (iv) A violation of any former law of this State |
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| substantially
equivalent to any offense listed in this |
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| paragraph (2.5) of
this subsection.
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| (3) A conviction for an offense of federal law or the |
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| law of another state
that is substantially equivalent to |
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| any offense listed in paragraph (2) of this
subsection (d) |
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| shall constitute a conviction for the purpose of
this |
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| Section. A finding or adjudication as a sexually dangerous |
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| person under
any federal law or law of another state that |
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| is substantially equivalent to the
Sexually Dangerous |
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| Persons Act shall constitute an adjudication for the
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| purposes of this Section.
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| (4) "Public park" includes a park, forest preserve, or
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| conservation
area
under the jurisdiction of the State or a |
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| unit of local government.
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| (5) "Facility providing programs or services directed |
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| towards persons
under
the age of 18" means any facility |
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| providing programs or services exclusively
directed |
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| towards persons under the age of 18.
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| (6) "Loiter" means:
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| (i) Standing, sitting idly, whether or not the |
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| person is in a vehicle or
remaining in or around public |
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| park property.
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| (ii) Standing, sitting idly, whether or not the |
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| person is in a vehicle
or remaining in or around public |
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| park property, for the purpose of committing
or
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| attempting to commit a sex offense.
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| (7) "Playground" means a piece of land owned or |