Full Text of HB4340 103rd General Assembly
HB4340 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4340 Introduced 1/16/2024, by Rep. Jed Davis SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/10-9 | |
720 ILCS 5/11-9.3 |
| 720 ILCS 5/11-25 | |
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Amends the Criminal Code of 2012. Provides that a person charged with involuntary sexual servitude of a minor or trafficking in persons if the victim is under 18 years of age shall not be permitted to plead down to lesser offenses. Provides that no person charged with grooming shall be permitted to plead down to lesser offenses. Provides that prosecutors are prohibited from offering plea bargains to lesser offenses to those individuals charged with grooming. Provides that It is a Class 4 felony for a child sex offender to knowingly operate, manage,
be employed by, volunteer at, be associated with, or knowingly be present at
any facility providing
entertainment exclusively directed toward persons under the age of 18.
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| | 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 10-9, 11-9.3, and 11-25 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 Section | 11 | | 12-6. | 12 | | (2) "Commercial sexual activity" means any sex act on | 13 | | account of which anything of value is given, promised to, or | 14 | | received by any person.
| 15 | | (2.5) "Company" means any sole proprietorship, | 16 | | organization, association, corporation, partnership, joint | 17 | | venture, limited partnership, limited liability partnership, | 18 | | limited liability limited partnership, limited liability | 19 | | company, or other entity or business association, including | 20 | | all wholly owned subsidiaries, majority-owned subsidiaries, | 21 | | parent companies, or affiliates of those entities or business | 22 | | associations, that exist for the purpose of making profit. | 23 | | (3) "Financial harm" includes intimidation that brings |
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| 1 | | about financial loss, criminal usury, or employment contracts | 2 | | that violate the Frauds Act. | 3 | | (4) (Blank). | 4 | | (5) "Labor" means work of economic or financial value. | 5 | | (6) "Maintain" means, in relation to labor or services, to | 6 | | secure continued performance thereof, regardless of any | 7 | | initial agreement on the part of the victim to perform that | 8 | | type of service. | 9 | | (7) "Obtain" means, in relation to labor or services, to | 10 | | secure performance thereof. | 11 | | (7.5) "Serious harm" means any harm, whether physical or | 12 | | nonphysical, including psychological, financial, or | 13 | | reputational harm, that is sufficiently serious, under all the | 14 | | surrounding circumstances, to compel a reasonable person of | 15 | | the same background and in the same circumstances to perform | 16 | | or to continue performing labor or services in order to avoid | 17 | | incurring that harm. | 18 | | (8) "Services" means activities resulting from a | 19 | | relationship between a person and the actor in which the | 20 | | person performs activities under the supervision of or for the | 21 | | benefit of the actor. Commercial sexual activity and | 22 | | sexually-explicit performances are forms of activities that | 23 | | are "services" under this Section. Nothing in this definition | 24 | | may be construed to legitimize or legalize prostitution. | 25 | | (9) "Sexually-explicit performance" means a live, | 26 | | recorded, broadcast (including over the Internet), or public |
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| 1 | | act or show intended to arouse or satisfy the sexual desires or | 2 | | appeal to the prurient interests of patrons. | 3 | | (10) "Trafficking victim" means a person subjected to the | 4 | | practices set forth in subsection (b), (c), or (d). | 5 | | (b) Involuntary servitude. A person commits involuntary | 6 | | servitude when he or she knowingly subjects, attempts to | 7 | | subject, or engages in a conspiracy to subject another person | 8 | | to labor or services obtained or maintained through any of the | 9 | | following means, or any combination of these means: | 10 | | (1) causes or threatens to cause physical harm to any | 11 | | person; | 12 | | (2) physically restrains or threatens to physically | 13 | | restrain another person; | 14 | | (3) abuses or threatens to abuse the law or legal | 15 | | process; | 16 | | (4) knowingly destroys, conceals, removes, | 17 | | confiscates, or possesses any actual or purported passport | 18 | | or other immigration document, or any other actual or | 19 | | purported government identification document, of another | 20 | | person; | 21 | | (5) uses intimidation, or exerts financial control | 22 | | over any person; or | 23 | | (6) uses any scheme, plan, or pattern intended to | 24 | | cause the person to believe that, if the person did not | 25 | | perform the labor or services, that person or another | 26 | | person would suffer serious harm or physical restraint. |
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| 1 | | Sentence. Except as otherwise provided in subsection (e) | 2 | | or (f), a violation of subsection (b)(1) is a Class X felony, | 3 | | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) | 4 | | is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. | 5 | | (c) Involuntary sexual servitude of a minor. A person | 6 | | commits involuntary sexual servitude of a minor when he or she | 7 | | knowingly recruits, entices, harbors, transports, provides, or | 8 | | obtains by any means, or attempts to recruit, entice, harbor, | 9 | | provide, or obtain by any means, another person under 18 years | 10 | | of age, knowing that the minor will engage in commercial | 11 | | sexual activity, a sexually-explicit performance, or the | 12 | | production of pornography, or causes or attempts to cause a | 13 | | minor to engage in one or more of those activities and: | 14 | | (1) there is no overt force or threat and the minor is | 15 | | between the ages of 17 and 18 years; | 16 | | (2) there is no overt force or threat and the minor is | 17 | | under the age of 17 years; or | 18 | | (3) there is overt force or threat. | 19 | | Sentence. Except as otherwise provided in subsection (e) | 20 | | or (f), a violation of subsection (c)(1) is a Class 1 felony, | 21 | | (c)(2) is a Class X felony, and (c)(3) is a Class X felony. | 22 | | (d) Trafficking in persons. A person commits trafficking | 23 | | in persons when he or she knowingly: (1) recruits, entices, | 24 | | harbors, transports, provides, or obtains by any means, or | 25 | | attempts to recruit, entice, harbor, transport, provide, or | 26 | | obtain by any means, another person, intending or knowing that |
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| 1 | | the person will be subjected to involuntary servitude; or (2) | 2 | | benefits, financially or by receiving anything of value, from | 3 | | participation in a venture that has engaged in an act of | 4 | | involuntary servitude or involuntary sexual servitude of a | 5 | | minor. A company commits trafficking in persons when the | 6 | | company knowingly benefits, financially or by receiving | 7 | | anything of value, from participation in a venture that has | 8 | | engaged in an act of involuntary servitude or involuntary | 9 | | sexual servitude of a minor. | 10 | | Sentence. Except as otherwise provided in subsection (e) | 11 | | or (f), a violation of this subsection by a person is a Class 1 | 12 | | felony. A violation of this subsection by a company is a | 13 | | business offense for which a fine of up to $100,000 may be | 14 | | imposed. | 15 | | (e) Aggravating factors. A violation of this Section | 16 | | involving kidnapping or an attempt to kidnap, aggravated | 17 | | criminal sexual assault or an attempt to commit aggravated | 18 | | criminal sexual assault, or an attempt to commit first degree | 19 | | murder is a Class X felony. | 20 | | (f) Sentencing considerations. | 21 | | (1) Bodily injury. If, pursuant to a violation of this | 22 | | Section, a victim
suffered bodily injury, the defendant | 23 | | may be sentenced to an extended-term sentence under | 24 | | Section 5-8-2 of the Unified Code of Corrections. The | 25 | | sentencing court must take into account the time in which | 26 | | the victim was held in servitude, with increased penalties |
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| 1 | | for cases in which the victim was held for between 180 days | 2 | | and one year, and increased penalties for cases in which | 3 | | the victim was held for more than one year. | 4 | | (2) Number of victims. In determining sentences within | 5 | | statutory maximums, the sentencing court should take into | 6 | | account the number of victims, and may provide for | 7 | | substantially increased sentences in cases involving more | 8 | | than 10 victims. | 9 | | (g) Restitution. Restitution is mandatory under this | 10 | | Section. In addition to any other amount of loss identified, | 11 | | the court shall order restitution including the greater of (1) | 12 | | the gross income or value to the defendant of the victim's | 13 | | labor or services or (2) the value of the victim's labor as | 14 | | guaranteed under the Minimum Wage Law and overtime provisions | 15 | | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, | 16 | | whichever is greater. | 17 | | (g-5) Fine distribution. If the court imposes a fine under | 18 | | subsection (b), (c), or (d) of this Section, it shall be | 19 | | collected and distributed to the Specialized Services for | 20 | | Survivors of Human Trafficking Fund in accordance with Section | 21 | | 5-9-1.21 of the Unified Code of Corrections. | 22 | | (h) Trafficking victim services. Subject to the | 23 | | availability of funds, the Department of Human Services may | 24 | | provide or fund emergency services and assistance to | 25 | | individuals who are victims of one or more offenses defined in | 26 | | this Section.
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| 1 | | (i) Certification. The Attorney General, a State's | 2 | | Attorney, or any law enforcement official shall certify in | 3 | | writing to the United States Department of Justice or other | 4 | | federal agency, such as the United States Department of | 5 | | Homeland Security, that an investigation or prosecution under | 6 | | this Section has begun and the individual who is a likely | 7 | | victim of a crime described in this Section is willing to | 8 | | cooperate or is cooperating with the investigation to enable | 9 | | the individual, if eligible under federal law, to qualify for | 10 | | an appropriate special immigrant visa and to access available | 11 | | federal benefits. Cooperation with law enforcement shall not | 12 | | be required of victims of a crime described in this Section who | 13 | | are under 18 years of age. This certification shall be made | 14 | | available to the victim and his or her designated legal | 15 | | representative. | 16 | | (j) A person who commits involuntary servitude, | 17 | | involuntary sexual servitude of a minor, or trafficking in | 18 | | persons under subsection (b), (c), or (d) of this Section is | 19 | | subject to the property forfeiture provisions set forth in | 20 | | Article 124B of the Code of Criminal Procedure of 1963.
| 21 | | (k) Prohibition of plea bargains. | 22 | | (1) No person charged with involuntary sexual | 23 | | servitude of a minor or trafficking in persons if the | 24 | | victim is under 18 years of age shall be permitted to plead | 25 | | down to lesser offenses. | 26 | | (2) Prosecutors are prohibited from offering plea |
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| 1 | | bargains to lesser offenses to those individuals charged | 2 | | with involuntary sexual servitude of a minor or | 3 | | trafficking in persons if the victim is under 18 years of | 4 | | age. | 5 | | (Source: P.A. 101-18, eff. 1-1-20 .)
| 6 | | (720 ILCS 5/11-9.3)
| 7 | | Sec. 11-9.3. Presence within school zone by child sex
| 8 | | offenders prohibited; approaching, contacting, residing with, | 9 | | or communicating with a child within certain places by child | 10 | | sex offenders prohibited.
| 11 | | (a) It is unlawful for a child sex offender to knowingly be | 12 | | present in any
school building, on real property comprising | 13 | | any school, or in any conveyance
owned, leased, or contracted | 14 | | by a school to transport students to or from
school or a school | 15 | | related activity when persons under the age of 18 are
present | 16 | | in the building, on the grounds or in
the conveyance, unless | 17 | | the offender is a parent or guardian of a student attending the | 18 | | school and the parent or guardian is: (i) attending a | 19 | | conference at the school with school personnel to discuss the | 20 | | progress of his or her child academically or socially, (ii) | 21 | | participating in child review conferences in which evaluation | 22 | | and placement decisions may be made with respect to his or her | 23 | | child regarding special education services, or (iii) attending | 24 | | conferences to discuss other student issues concerning his or | 25 | | her child such as retention and promotion and notifies the |
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| 1 | | principal of the school of his or her presence at the school or | 2 | | unless the
offender has permission to be present from the
| 3 | | superintendent or the school board or in the case of a private | 4 | | school from the
principal. In the case of a public school, if | 5 | | permission is granted, the
superintendent or school board | 6 | | president must inform the principal of the
school where the | 7 | | sex offender will be present. Notification includes the
nature | 8 | | of the sex offender's visit and the hours in which the sex | 9 | | offender will
be present in the school. The sex offender is | 10 | | responsible for notifying the
principal's office when he or | 11 | | she arrives on school property and when he or she
departs from | 12 | | school property. If the sex offender is to be present in the
| 13 | | vicinity of children, the sex offender has the duty to remain | 14 | | under the direct
supervision of a school official.
| 15 | | (a-5) It is unlawful for a child sex offender to knowingly | 16 | | be present within 100 feet of a site posted as a pick-up or | 17 | | discharge stop for a conveyance owned, leased, or contracted | 18 | | by a school to transport students to or from school or a school | 19 | | related activity when one or more persons under the age of 18 | 20 | | are present at the site.
| 21 | | (a-10) It is unlawful for a child sex offender to | 22 | | knowingly be present in any
public park building, a playground | 23 | | or recreation area within any publicly accessible privately | 24 | | owned building, or on real property comprising any public park
| 25 | | when persons under the age of
18 are
present in the building or | 26 | | on the grounds
and to approach, contact, or communicate with a |
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| 1 | | child under 18 years of
age,
unless the
offender
is a parent or | 2 | | guardian of a person under 18 years of age present in the
| 3 | | building or on the
grounds. | 4 | | (b) It is unlawful for a child sex offender to knowingly | 5 | | loiter within 500 feet of a school building or real property | 6 | | comprising any school
while persons under the age of 18 are | 7 | | present in the building or on the
grounds,
unless the offender | 8 | | is a parent or guardian of a student attending the school and | 9 | | the parent or guardian is: (i) attending a conference at the | 10 | | school with school personnel to discuss the progress of his or | 11 | | her child academically or socially, (ii) participating in | 12 | | child review conferences in which evaluation and placement | 13 | | decisions may be made with respect to his or her child | 14 | | regarding special education services, or (iii) attending | 15 | | conferences to discuss other student issues concerning his or | 16 | | her child such as retention and promotion and notifies the | 17 | | principal of the school of his or her presence at the school or | 18 | | has permission to be present from the
superintendent or the | 19 | | school board or in the case of a private school from the
| 20 | | principal. In the case of a public school, if permission is | 21 | | granted, the
superintendent or school board president must | 22 | | inform the principal of the
school where the sex offender will | 23 | | be present. Notification includes the
nature of the sex | 24 | | offender's visit and the hours in which the sex offender will
| 25 | | be present in the school. The sex offender is responsible for | 26 | | notifying the
principal's office when he or she arrives on |
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| 1 | | school property and when he or she
departs from school | 2 | | property. If the sex offender is to be present in the
vicinity | 3 | | of children, the sex offender has the duty to remain under the | 4 | | direct
supervision of a school official.
| 5 | | (b-2) It is unlawful for a child sex offender to knowingly | 6 | | loiter on a public
way within 500 feet of a public park | 7 | | building or real property comprising any
public park while | 8 | | persons under the age of 18 are present in the building or on | 9 | | the
grounds
and to approach, contact, or communicate with a | 10 | | child under 18 years of
age,
unless the offender
is a parent or | 11 | | guardian of a person under 18 years of age present in the
| 12 | | building or on the grounds. | 13 | | (b-5) It is unlawful for a child sex offender to knowingly | 14 | | reside within
500 feet of a school building or the real | 15 | | property comprising any school that
persons under the age of | 16 | | 18 attend. Nothing in this subsection (b-5) prohibits
a child | 17 | | sex offender from residing within 500 feet of a school | 18 | | building or the
real property comprising any school that | 19 | | persons under 18 attend if the
property is owned by the child | 20 | | sex offender and was purchased before July 7, 2000 (the
| 21 | | effective date of Public Act 91-911).
| 22 | | (b-10) It is unlawful for a child sex offender to | 23 | | knowingly reside within
500 feet of a playground, child care | 24 | | institution, day care center, part day child care facility, | 25 | | day care home, group day care home, or a facility providing | 26 | | programs or services
exclusively directed toward persons under |
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| 1 | | 18 years of age. Nothing in this
subsection (b-10) prohibits a | 2 | | child sex offender from residing within 500 feet
of a | 3 | | playground or a facility providing programs or services | 4 | | exclusively
directed toward persons under 18 years of age if | 5 | | the property is owned by the
child sex offender and was | 6 | | purchased before July 7, 2000. Nothing in this
subsection | 7 | | (b-10) prohibits a child sex offender from residing within 500 | 8 | | feet
of a child care institution, day care center, or part day | 9 | | child care facility if the property is owned by the
child sex | 10 | | offender and was purchased before June 26, 2006. Nothing in | 11 | | this subsection (b-10) prohibits a child sex offender from | 12 | | residing within 500 feet of a day care home or group day care | 13 | | home if the property is owned by the child sex offender and was | 14 | | purchased before August 14, 2008 (the effective date of Public | 15 | | Act 95-821). | 16 | | (b-15) It is unlawful for a child sex offender to | 17 | | knowingly reside within
500 feet of the victim of the sex | 18 | | offense. Nothing in this
subsection (b-15) prohibits a child | 19 | | sex offender from residing within 500 feet
of the victim if the | 20 | | property in which the child sex offender resides is owned by | 21 | | the
child sex offender and was purchased before August 22, | 22 | | 2002. | 23 | | This subsection (b-15) does not apply if the victim of the | 24 | | sex offense
is 21 years of age or older. | 25 | | (b-20) It is unlawful for a child sex offender to | 26 | | knowingly communicate, other than for a lawful purpose under |
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| 1 | | Illinois law, using the Internet or any other digital media, | 2 | | with a person under 18 years of age or with a person whom he or | 3 | | she believes to be a person under 18 years of age,
unless the | 4 | | offender
is a parent or guardian of the person under 18 years | 5 | | of age. | 6 | | (c) It is unlawful for a child sex offender to knowingly | 7 | | operate, manage,
be employed by, volunteer at, be associated | 8 | | with, or knowingly be present at
any: (i) facility providing
| 9 | | programs , or services , or entertainment exclusively directed | 10 | | toward persons under the age of 18; (ii) day care center; (iii) | 11 | | part day child care facility; (iv) child care institution; (v) | 12 | | school providing before and after school programs for children | 13 | | under 18 years of age; (vi) day care home; or (vii) group day | 14 | | care home.
This does not prohibit a child sex offender from | 15 | | owning the real property upon
which the programs or services | 16 | | are offered or upon which the day care center, part day child | 17 | | care facility, child care institution, or school providing | 18 | | before and after school programs for children under 18 years | 19 | | of age is located, provided the child sex offender
refrains | 20 | | from being present on the premises for the hours during which: | 21 | | (1) the
programs or services are being offered or (2) the day | 22 | | care center, part day child care facility, child care | 23 | | institution, or school providing before and after school | 24 | | programs for children under 18 years of age, day care home, or | 25 | | group day care home is operated. | 26 | | (c-2) It is unlawful for a child sex offender to |
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| 1 | | participate in a holiday event involving children under 18 | 2 | | years of age, including but not limited to distributing candy | 3 | | or other items to children on Halloween, wearing a Santa Claus | 4 | | costume on or preceding Christmas, being employed as a | 5 | | department store Santa Claus, or wearing an Easter Bunny | 6 | | costume on or preceding Easter. For the purposes of this | 7 | | subsection, child sex offender has the meaning as defined in | 8 | | this Section, but does not include as a sex offense under | 9 | | paragraph (2) of subsection (d) of this Section, the offense | 10 | | under subsection (c) of Section 11-1.50 of this Code. This | 11 | | subsection does not apply to a child sex offender who is a | 12 | | parent or guardian of children under 18 years of age that are | 13 | | present in the home and other non-familial minors are not | 14 | | present. | 15 | | (c-5) It is unlawful for a child sex offender to knowingly | 16 | | operate, manage, be employed by, or be associated with any | 17 | | carnival, amusement enterprise, or county or State fair when | 18 | | persons under the age of 18 are present. | 19 | | (c-6) It is unlawful for a child sex offender who owns and | 20 | | resides at residential real estate to knowingly rent any | 21 | | residential unit within the same building in which he or she | 22 | | resides to a person who is the parent or guardian of a child or | 23 | | children under 18 years of age. This subsection shall apply | 24 | | only to leases or other rental arrangements entered into after | 25 | | January 1, 2009 (the effective date of Public Act 95-820). | 26 | | (c-7) It is unlawful for a child sex offender to knowingly |
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| 1 | | offer or provide any programs or services to persons under 18 | 2 | | years of age in his or her residence or the residence of | 3 | | another or in any facility for the purpose of offering or | 4 | | providing such programs or services, whether such programs or | 5 | | services are offered or provided by contract, agreement, | 6 | | arrangement, or on a volunteer basis. | 7 | | (c-8) It is unlawful for a child sex offender to knowingly | 8 | | operate, whether authorized to do so or not, any of the | 9 | | following vehicles: (1) a vehicle which is specifically | 10 | | designed, constructed or modified and equipped to be used for | 11 | | the retail sale of food or beverages, including but not | 12 | | limited to an ice cream truck; (2) an authorized emergency | 13 | | vehicle; or (3) a rescue vehicle. | 14 | | (d) Definitions. In this Section:
| 15 | | (1) "Child sex offender" means any person who:
| 16 | | (i) has been charged under Illinois law, or any | 17 | | substantially similar
federal law
or law of another | 18 | | state, with a sex offense set forth in
paragraph (2) of | 19 | | this subsection (d) or the attempt to commit an | 20 | | included sex
offense, and the victim is a person under | 21 | | 18 years of age at the time of the offense; and:
| 22 | | (A) is convicted of such offense or an attempt | 23 | | to commit such offense;
or
| 24 | | (B) is found not guilty by reason of insanity | 25 | | of such offense or an
attempt to commit such | 26 | | offense; or
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| 1 | | (C) is found not guilty by reason of insanity | 2 | | pursuant to subsection
(c) of Section 104-25 of | 3 | | the Code of Criminal Procedure of 1963 of such | 4 | | offense
or an attempt to commit such offense; or
| 5 | | (D) is the subject of a finding not resulting | 6 | | in an acquittal at a
hearing conducted pursuant to | 7 | | subsection (a) of Section 104-25 of the Code of
| 8 | | Criminal Procedure of 1963 for the alleged | 9 | | commission or attempted commission
of such | 10 | | offense; or
| 11 | | (E) is found not guilty by reason of insanity | 12 | | following a hearing
conducted pursuant to a | 13 | | federal law or the law of another state | 14 | | substantially
similar to subsection (c) of Section | 15 | | 104-25 of the Code of Criminal Procedure
of 1963 | 16 | | of such offense or of the attempted commission of | 17 | | such offense; or
| 18 | | (F) is the subject of a finding not resulting | 19 | | in an acquittal at a
hearing
conducted pursuant to | 20 | | a federal law or the law of another state | 21 | | substantially
similar to subsection (a) of Section | 22 | | 104-25 of the Code of Criminal Procedure
of 1963 | 23 | | for the alleged violation or attempted commission | 24 | | of such offense; or
| 25 | | (ii) is certified as a sexually dangerous person | 26 | | pursuant to the
Illinois
Sexually Dangerous Persons |
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| 1 | | Act, or any substantially similar federal
law or the | 2 | | law of another state, when any conduct giving rise to | 3 | | such
certification is committed or attempted against a | 4 | | person less than 18 years of
age; or
| 5 | | (iii) is subject to the provisions of Section 2 of | 6 | | the Interstate
Agreements on Sexually Dangerous | 7 | | Persons Act.
| 8 | | Convictions that result from or are connected with the | 9 | | same act, or result
from offenses committed at the same | 10 | | time, shall be counted for the purpose of
this Section as | 11 | | one conviction. Any conviction set aside pursuant to law | 12 | | is
not a conviction for purposes of this Section.
| 13 | | (2) Except as otherwise provided in paragraph (2.5), | 14 | | "sex offense"
means:
| 15 | | (i) A violation of any of the following Sections | 16 | | of the Criminal Code of
1961 or the Criminal Code of | 17 | | 2012: 10-4 (forcible detention), 10-7 (aiding or | 18 | | abetting child abduction under Section 10-5(b)(10)),
| 19 | | 10-5(b)(10) (child luring), 11-1.40 (predatory | 20 | | criminal sexual assault of a child), 11-6 (indecent | 21 | | solicitation of a child), 11-6.5
(indecent | 22 | | solicitation of an adult),
11-9.1 (sexual exploitation | 23 | | of a child), 11-9.2 (custodial sexual misconduct), | 24 | | 11-9.5 (sexual misconduct with a person with a | 25 | | disability), 11-11 (sexual relations within families), | 26 | | 11-14.3(a)(1) (promoting prostitution by advancing |
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| 1 | | prostitution), 11-14.3(a)(2)(A) (promoting | 2 | | prostitution by profiting from prostitution by | 3 | | compelling a person to be a prostitute), | 4 | | 11-14.3(a)(2)(C) (promoting prostitution by profiting | 5 | | from prostitution by means other than as described in | 6 | | subparagraphs (A) and (B) of paragraph (2) of | 7 | | subsection (a) of Section 11-14.3), 11-14.4 (promoting | 8 | | juvenile prostitution), 11-18.1
(patronizing a | 9 | | juvenile prostitute), 11-20.1 (child pornography), | 10 | | 11-20.1B (aggravated child pornography), 11-21 | 11 | | (harmful
material), 11-25 (grooming), 11-26 (traveling | 12 | | to meet a minor or traveling to meet a child), 12-33 | 13 | | (ritualized abuse of a
child), 11-20 (obscenity) (when | 14 | | that offense was committed in any school, on
real | 15 | | property comprising any school, in any conveyance | 16 | | owned,
leased, or contracted by a school to transport | 17 | | students to or from school or a
school related | 18 | | activity, or in a public park), 11-30 (public | 19 | | indecency) (when committed in a school, on real | 20 | | property
comprising a school, in any conveyance owned, | 21 | | leased, or contracted by a
school to transport | 22 | | students to or from school or a school related | 23 | | activity, or in a public park). An attempt to commit | 24 | | any of these offenses.
| 25 | | (ii) A violation of any of the following Sections | 26 | | of the Criminal Code
of 1961 or the Criminal Code of |
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| 1 | | 2012, when the victim is a person under 18 years of | 2 | | age: 11-1.20 (criminal
sexual assault), 11-1.30 | 3 | | (aggravated criminal sexual assault), 11-1.50 | 4 | | (criminal
sexual abuse), 11-1.60 (aggravated criminal | 5 | | sexual abuse). An attempt to commit
any of these | 6 | | offenses.
| 7 | | (iii) A violation of any of the following Sections | 8 | | of the Criminal Code
of 1961 or the Criminal Code of | 9 | | 2012, when the victim is a person under 18 years of age | 10 | | and the defendant is
not a parent of the victim:
| 11 | | 10-1 (kidnapping),
| 12 | | 10-2 (aggravated kidnapping),
| 13 | | 10-3 (unlawful restraint),
| 14 | | 10-3.1 (aggravated unlawful restraint),
| 15 | | 11-9.1(A) (permitting sexual abuse of a child). | 16 | | An attempt to commit any of these offenses.
| 17 | | (iv) A violation of any former law of this State | 18 | | substantially
equivalent to any offense listed in | 19 | | clause (2)(i) or (2)(ii) of subsection (d) of this
| 20 | | Section.
| 21 | | (2.5) For the purposes of subsections (b-5) and (b-10) | 22 | | only, a sex offense means:
| 23 | | (i) A violation of any of the following Sections | 24 | | of the Criminal Code of
1961 or the Criminal Code of | 25 | | 2012:
| 26 | | 10-5(b)(10) (child luring), 10-7 (aiding or |
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| 1 | | abetting child abduction
under Section 10-5(b)(10)), | 2 | | 11-1.40 (predatory criminal sexual assault of a | 3 | | child), 11-6 (indecent solicitation of
a
child), | 4 | | 11-6.5 (indecent solicitation of an adult), 11-9.2 | 5 | | (custodial sexual misconduct), 11-9.5 (sexual | 6 | | misconduct with a person with a disability), 11-11 | 7 | | (sexual relations within families), 11-14.3(a)(1) | 8 | | (promoting prostitution by advancing prostitution), | 9 | | 11-14.3(a)(2)(A) (promoting prostitution by profiting | 10 | | from prostitution by compelling a person to be a | 11 | | prostitute), 11-14.3(a)(2)(C) (promoting prostitution | 12 | | by profiting from prostitution by means other than as | 13 | | described in subparagraphs (A) and (B) of paragraph | 14 | | (2) of subsection (a) of Section 11-14.3), 11-14.4 | 15 | | (promoting juvenile prostitution), 11-18.1
| 16 | | (patronizing a juvenile prostitute), 11-20.1 (child | 17 | | pornography), 11-20.1B (aggravated child pornography), | 18 | | 11-25 (grooming), 11-26 (traveling to meet a minor or | 19 | | traveling to meet a child), or 12-33 (ritualized abuse | 20 | | of a
child). An attempt
to commit any of
these | 21 | | offenses.
| 22 | | (ii) A violation of any of the following Sections | 23 | | of the Criminal Code
of 1961 or the Criminal Code of | 24 | | 2012, when the victim is a person under 18 years of | 25 | | age: 11-1.20 (criminal
sexual assault), 11-1.30 | 26 | | (aggravated criminal sexual assault), 11-1.60
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| 1 | | (aggravated criminal sexual abuse), and subsection (a) | 2 | | of Section 11-1.50
(criminal sexual abuse). An attempt | 3 | | to commit
any of these offenses.
| 4 | | (iii) A violation of any of the following Sections | 5 | | of the Criminal Code
of 1961 or the Criminal Code of | 6 | | 2012, when the victim is a person under 18 years of age | 7 | | and the defendant is
not a parent of the victim:
| 8 | | 10-1 (kidnapping),
| 9 | | 10-2 (aggravated kidnapping),
| 10 | | 10-3 (unlawful restraint),
| 11 | | 10-3.1 (aggravated unlawful restraint),
| 12 | | 11-9.1(A) (permitting sexual abuse of a child). | 13 | | An attempt to commit any of these offenses.
| 14 | | (iv) A violation of any former law of this State | 15 | | substantially
equivalent to any offense listed in this | 16 | | paragraph (2.5) of
this subsection.
| 17 | | (3) A conviction for an offense of federal law or the | 18 | | law of another state
that is substantially equivalent to | 19 | | any offense listed in paragraph (2) of
subsection (d) of | 20 | | this Section shall constitute a conviction for the purpose | 21 | | of
this Section. A finding or adjudication as a sexually | 22 | | dangerous person under
any federal law or law of another | 23 | | state that is substantially equivalent to the
Sexually | 24 | | Dangerous Persons Act shall constitute an adjudication for | 25 | | the
purposes of this Section.
| 26 | | (4) "Authorized emergency vehicle", "rescue vehicle", |
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| 1 | | and "vehicle" have the meanings ascribed to them in | 2 | | Sections 1-105, 1-171.8 and 1-217, respectively, of the | 3 | | Illinois Vehicle Code. | 4 | | (5) "Child care institution" has the meaning ascribed | 5 | | to it in Section 2.06 of the Child Care Act of 1969. | 6 | | (6) "Day care center" has the meaning ascribed to it | 7 | | in Section 2.09 of the Child Care Act of 1969. | 8 | | (7) "Day care home" has the meaning ascribed to it in | 9 | | Section 2.18 of the Child Care Act of 1969. | 10 | | (8) "Facility providing programs or services directed | 11 | | towards persons under the age of 18" means any facility | 12 | | providing programs or services exclusively directed | 13 | | towards persons under the age of 18. | 14 | | (9) "Group day care home" has the meaning ascribed to | 15 | | it in Section 2.20 of the Child Care Act of 1969. | 16 | | (10) "Internet" has the meaning set forth in Section | 17 | | 16-0.1 of this Code.
| 18 | | (11) "Loiter" means:
| 19 | | (i) Standing, sitting idly, whether or not the | 20 | | person is in a vehicle, or
remaining in or around | 21 | | school or public park property.
| 22 | | (ii) Standing, sitting idly, whether or not the | 23 | | person is in a vehicle,
or remaining in or around | 24 | | school or public park property, for the purpose of | 25 | | committing or
attempting to commit a sex offense.
| 26 | | (iii) Entering or remaining in a building in or |
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| 1 | | around school property, other than the offender's | 2 | | residence. | 3 | | (12) "Part day child care facility" has the meaning | 4 | | ascribed to it in Section 2.10 of the Child Care Act of | 5 | | 1969. | 6 | | (13) "Playground" means a piece of land owned or | 7 | | controlled by a unit
of
local government that is | 8 | | designated by the unit of local government for use
solely | 9 | | or primarily for children's recreation. | 10 | | (14) "Public park" includes a park, forest preserve, | 11 | | bikeway, trail, or
conservation
area
under the | 12 | | jurisdiction of the State or a unit of local government. | 13 | | (15) "School" means a public or private preschool or | 14 | | elementary or secondary school. | 15 | | (16) "School official"
means the principal, a teacher, | 16 | | or any other certified employee of the
school, the | 17 | | superintendent of schools or a member of the school board.
| 18 | | (e) For the purposes of this Section, the 500 feet | 19 | | distance shall be measured from: (1) the edge of the property | 20 | | of the school building or the real property comprising the | 21 | | school that is closest to the edge of the property of the child | 22 | | sex offender's residence or where he or she is loitering, and | 23 | | (2) the edge of the property comprising the public park | 24 | | building or the real property comprising the public park, | 25 | | playground, child care institution, day care center, part day | 26 | | child care facility, or facility providing programs or |
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| 1 | | services exclusively directed toward persons under 18 years of | 2 | | age, or a victim of the sex offense who is under 21 years of | 3 | | age, to the edge of the child sex offender's place of residence | 4 | | or place where he or she is loitering.
| 5 | | (f) Sentence. A person who violates this Section is guilty | 6 | | of a Class 4
felony.
| 7 | | (Source: P.A. 102-997, eff. 1-1-23 .) | 8 | | (720 ILCS 5/11-25) | 9 | | Sec. 11-25. Grooming. | 10 | | (a) A person commits grooming when he or she knowingly | 11 | | uses a computer on-line service, Internet service, local | 12 | | bulletin board service, or any other device capable of | 13 | | electronic data storage or transmission, performs an act in | 14 | | person or by conduct through a third party, or uses written | 15 | | communication to seduce, solicit, lure, or entice, or attempt | 16 | | to seduce, solicit, lure, or entice, a child, a child's | 17 | | guardian, or another person believed by the person to be a | 18 | | child or a child's guardian, to commit any sex offense as | 19 | | defined in Section 2 of the Sex Offender Registration Act, to | 20 | | distribute photographs depicting the sex organs of the child, | 21 | | or to otherwise engage in any unlawful sexual conduct with a | 22 | | child or with another person believed by the person to be a | 23 | | child. As used in this Section, "child" means a person under 17 | 24 | | years of age. | 25 | | (a-5) Prohibition of plea bargains. |
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| 1 | | (1) No person charged with grooming shall be permitted | 2 | | to plead down to lesser offenses. | 3 | | (2) Prosecutors are prohibited from offering plea | 4 | | bargains to lesser offenses to those individuals charged | 5 | | with grooming. | 6 | | (b) Sentence. Grooming is a Class 4 felony.
| 7 | | (Source: P.A. 102-676, eff. 6-1-22 .)
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