Illinois General Assembly - Bill Status for HB5687

Amends the Criminal Code of 1961. Provides that it is unlawful for a child sex offender to knowingly communicate, using the Internet or any other digital media, with a person under 18 years of age or with a person whom he or she believes to be a person under 18 years of age, unless the offender is a parent or guardian of the person under 18 years of age. Provides that a person over the age of 18 who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes to, or sends, or causes to be sent, or exhibits to, or offers to distribute, or exhibits any harmful material to a person that he or she believes is a minor is guilty of a Class A misdemeanor. If that person utilized a computer web camera, cellular telephone, or any other type of device to manufacture the harmful material, then each offense is a Class 4 felony. Provides that the offense of child photography by a sex offender applies even if the offender does not conduct or operate a photography business. Provides that a child sex offender who photographs, videotapes, or takes a digital image of a child at a playground, park facility, school, forest preserve, day care facility, or at a facility providing programs or services directed to persons under 17 years of age is guilty of a Class 1 felony. Creates the offense of unlawful sending of a public conveyance travel ticket to a minor. Creates the offense of solicitation to meet a child. Creates the offense of manufacturing child erotica.

Provides that the amendatory Act may be referred to as the Child Protection Act of 2008. Eliminates the offense of manufacturing child erotica. Makes such conduct child pornography. Provides that the offense of unlawful sending of a public conveyance travel ticket to a minor and the offense of solicitation to meet a child only occur when the purpose of sending the ticket or arranging for meeting the child is for other than a lawful purpose under Illinois law. Provides that the offense of child photography by a sex offender occurs only if the photograph, videotape, or digital image of the child is taken without the permission of the parent or guardian of the child.

Deletes the amendatory changes to the child pornography statute. Provides that for certain offenses involving meeting or contacting a minor, the purpose must be for other than a lawful purpose under Illinois law in order to liable for the offense. Provides that telecommunications carriers, commercial mobile service providers, and providers of information services are not liable by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of the distribution of harmful materials to a minor statute and unlawful sending of a public conveyance travel ticket to a minor statute, except for willful and wanton misconduct.

×