Illinois General Assembly - Full Text of HB4340
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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

    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.


LRB103 33869 RLC 63686 b

 

 

A BILL FOR

 

HB4340LRB103 33869 RLC 63686 b

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
5changing 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,
8and related offenses.
9    (a) Definitions. In this Section:
10    (1) "Intimidation" has the meaning prescribed in Section
1112-6.
12    (2) "Commercial sexual activity" means any sex act on
13account of which anything of value is given, promised to, or
14received by any person.
15    (2.5) "Company" means any sole proprietorship,
16organization, association, corporation, partnership, joint
17venture, limited partnership, limited liability partnership,
18limited liability limited partnership, limited liability
19company, or other entity or business association, including
20all wholly owned subsidiaries, majority-owned subsidiaries,
21parent companies, or affiliates of those entities or business
22associations, that exist for the purpose of making profit.
23    (3) "Financial harm" includes intimidation that brings

 

 

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1about financial loss, criminal usury, or employment contracts
2that 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
6secure continued performance thereof, regardless of any
7initial agreement on the part of the victim to perform that
8type of service.
9    (7) "Obtain" means, in relation to labor or services, to
10secure performance thereof.
11    (7.5) "Serious harm" means any harm, whether physical or
12nonphysical, including psychological, financial, or
13reputational harm, that is sufficiently serious, under all the
14surrounding circumstances, to compel a reasonable person of
15the same background and in the same circumstances to perform
16or to continue performing labor or services in order to avoid
17incurring that harm.
18    (8) "Services" means activities resulting from a
19relationship between a person and the actor in which the
20person performs activities under the supervision of or for the
21benefit of the actor. Commercial sexual activity and
22sexually-explicit performances are forms of activities that
23are "services" under this Section. Nothing in this definition
24may be construed to legitimize or legalize prostitution.
25    (9) "Sexually-explicit performance" means a live,
26recorded, broadcast (including over the Internet), or public

 

 

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1act or show intended to arouse or satisfy the sexual desires or
2appeal to the prurient interests of patrons.
3    (10) "Trafficking victim" means a person subjected to the
4practices set forth in subsection (b), (c), or (d).
5    (b) Involuntary servitude. A person commits involuntary
6servitude when he or she knowingly subjects, attempts to
7subject, or engages in a conspiracy to subject another person
8to labor or services obtained or maintained through any of the
9following 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.

 

 

HB4340- 4 -LRB103 33869 RLC 63686 b

1    Sentence. Except as otherwise provided in subsection (e)
2or (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)
4is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
5    (c) Involuntary sexual servitude of a minor. A person
6commits involuntary sexual servitude of a minor when he or she
7knowingly recruits, entices, harbors, transports, provides, or
8obtains by any means, or attempts to recruit, entice, harbor,
9provide, or obtain by any means, another person under 18 years
10of age, knowing that the minor will engage in commercial
11sexual activity, a sexually-explicit performance, or the
12production of pornography, or causes or attempts to cause a
13minor 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)
20or (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
23in persons when he or she knowingly: (1) recruits, entices,
24harbors, transports, provides, or obtains by any means, or
25attempts to recruit, entice, harbor, transport, provide, or
26obtain by any means, another person, intending or knowing that

 

 

HB4340- 5 -LRB103 33869 RLC 63686 b

1the person will be subjected to involuntary servitude; or (2)
2benefits, financially or by receiving anything of value, from
3participation in a venture that has engaged in an act of
4involuntary servitude or involuntary sexual servitude of a
5minor. A company commits trafficking in persons when the
6company knowingly benefits, financially or by receiving
7anything of value, from participation in a venture that has
8engaged in an act of involuntary servitude or involuntary
9sexual servitude of a minor.
10    Sentence. Except as otherwise provided in subsection (e)
11or (f), a violation of this subsection by a person is a Class 1
12felony. A violation of this subsection by a company is a
13business offense for which a fine of up to $100,000 may be
14imposed.
15    (e) Aggravating factors. A violation of this Section
16involving kidnapping or an attempt to kidnap, aggravated
17criminal sexual assault or an attempt to commit aggravated
18criminal sexual assault, or an attempt to commit first degree
19murder 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
10Section. In addition to any other amount of loss identified,
11the court shall order restitution including the greater of (1)
12the gross income or value to the defendant of the victim's
13labor or services or (2) the value of the victim's labor as
14guaranteed under the Minimum Wage Law and overtime provisions
15of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
16whichever is greater.
17    (g-5) Fine distribution. If the court imposes a fine under
18subsection (b), (c), or (d) of this Section, it shall be
19collected and distributed to the Specialized Services for
20Survivors of Human Trafficking Fund in accordance with Section
215-9-1.21 of the Unified Code of Corrections.
22    (h) Trafficking victim services. Subject to the
23availability of funds, the Department of Human Services may
24provide or fund emergency services and assistance to
25individuals who are victims of one or more offenses defined in
26this Section.

 

 

HB4340- 7 -LRB103 33869 RLC 63686 b

1    (i) Certification. The Attorney General, a State's
2Attorney, or any law enforcement official shall certify in
3writing to the United States Department of Justice or other
4federal agency, such as the United States Department of
5Homeland Security, that an investigation or prosecution under
6this Section has begun and the individual who is a likely
7victim of a crime described in this Section is willing to
8cooperate or is cooperating with the investigation to enable
9the individual, if eligible under federal law, to qualify for
10an appropriate special immigrant visa and to access available
11federal benefits. Cooperation with law enforcement shall not
12be required of victims of a crime described in this Section who
13are under 18 years of age. This certification shall be made
14available to the victim and his or her designated legal
15representative.
16    (j) A person who commits involuntary servitude,
17involuntary sexual servitude of a minor, or trafficking in
18persons under subsection (b), (c), or (d) of this Section is
19subject to the property forfeiture provisions set forth in
20Article 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

 

 

HB4340- 8 -LRB103 33869 RLC 63686 b

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
8offenders prohibited; approaching, contacting, residing with,
9or communicating with a child within certain places by child
10sex offenders prohibited.
11    (a) It is unlawful for a child sex offender to knowingly be
12present in any school building, on real property comprising
13any school, or in any conveyance owned, leased, or contracted
14by a school to transport students to or from school or a school
15related activity when persons under the age of 18 are present
16in the building, on the grounds or in the conveyance, unless
17the offender is a parent or guardian of a student attending the
18school and the parent or guardian is: (i) attending a
19conference at the school with school personnel to discuss the
20progress of his or her child academically or socially, (ii)
21participating in child review conferences in which evaluation
22and placement decisions may be made with respect to his or her
23child regarding special education services, or (iii) attending
24conferences to discuss other student issues concerning his or
25her child such as retention and promotion and notifies the

 

 

HB4340- 9 -LRB103 33869 RLC 63686 b

1principal of the school of his or her presence at the school or
2unless the offender has permission to be present from the
3superintendent or the school board or in the case of a private
4school from the principal. In the case of a public school, if
5permission is granted, the superintendent or school board
6president must inform the principal of the school where the
7sex offender will be present. Notification includes the nature
8of the sex offender's visit and the hours in which the sex
9offender will be present in the school. The sex offender is
10responsible for notifying the principal's office when he or
11she arrives on school property and when he or she departs from
12school property. If the sex offender is to be present in the
13vicinity of children, the sex offender has the duty to remain
14under the direct supervision of a school official.
15    (a-5) It is unlawful for a child sex offender to knowingly
16be present within 100 feet of a site posted as a pick-up or
17discharge stop for a conveyance owned, leased, or contracted
18by a school to transport students to or from school or a school
19related activity when one or more persons under the age of 18
20are present at the site.
21    (a-10) It is unlawful for a child sex offender to
22knowingly be present in any public park building, a playground
23or recreation area within any publicly accessible privately
24owned building, or on real property comprising any public park
25when persons under the age of 18 are present in the building or
26on the grounds and to approach, contact, or communicate with a

 

 

HB4340- 10 -LRB103 33869 RLC 63686 b

1child under 18 years of age, unless the offender is a parent or
2guardian of a person under 18 years of age present in the
3building or on the grounds.
4    (b) It is unlawful for a child sex offender to knowingly
5loiter within 500 feet of a school building or real property
6comprising any school while persons under the age of 18 are
7present in the building or on the grounds, unless the offender
8is a parent or guardian of a student attending the school and
9the parent or guardian is: (i) attending a conference at the
10school with school personnel to discuss the progress of his or
11her child academically or socially, (ii) participating in
12child review conferences in which evaluation and placement
13decisions may be made with respect to his or her child
14regarding special education services, or (iii) attending
15conferences to discuss other student issues concerning his or
16her child such as retention and promotion and notifies the
17principal of the school of his or her presence at the school or
18has permission to be present from the superintendent or the
19school board or in the case of a private school from the
20principal. In the case of a public school, if permission is
21granted, the superintendent or school board president must
22inform the principal of the school where the sex offender will
23be present. Notification includes the nature of the sex
24offender's visit and the hours in which the sex offender will
25be present in the school. The sex offender is responsible for
26notifying the principal's office when he or she arrives on

 

 

HB4340- 11 -LRB103 33869 RLC 63686 b

1school property and when he or she departs from school
2property. If the sex offender is to be present in the vicinity
3of children, the sex offender has the duty to remain under the
4direct supervision of a school official.
5    (b-2) It is unlawful for a child sex offender to knowingly
6loiter on a public way within 500 feet of a public park
7building or real property comprising any public park while
8persons under the age of 18 are present in the building or on
9the grounds and to approach, contact, or communicate with a
10child under 18 years of age, unless the offender is a parent or
11guardian of a person under 18 years of age present in the
12building or on the grounds.
13    (b-5) It is unlawful for a child sex offender to knowingly
14reside within 500 feet of a school building or the real
15property comprising any school that persons under the age of
1618 attend. Nothing in this subsection (b-5) prohibits a child
17sex offender from residing within 500 feet of a school
18building or the real property comprising any school that
19persons under 18 attend if the property is owned by the child
20sex offender and was purchased before July 7, 2000 (the
21effective date of Public Act 91-911).
22    (b-10) It is unlawful for a child sex offender to
23knowingly reside within 500 feet of a playground, child care
24institution, day care center, part day child care facility,
25day care home, group day care home, or a facility providing
26programs or services exclusively directed toward persons under

 

 

HB4340- 12 -LRB103 33869 RLC 63686 b

118 years of age. Nothing in this subsection (b-10) prohibits a
2child sex offender from residing within 500 feet of a
3playground or a facility providing programs or services
4exclusively directed toward persons under 18 years of age if
5the property is owned by the child sex offender and was
6purchased before July 7, 2000. Nothing in this subsection
7(b-10) prohibits a child sex offender from residing within 500
8feet of a child care institution, day care center, or part day
9child care facility if the property is owned by the child sex
10offender and was purchased before June 26, 2006. Nothing in
11this subsection (b-10) prohibits a child sex offender from
12residing within 500 feet of a day care home or group day care
13home if the property is owned by the child sex offender and was
14purchased before August 14, 2008 (the effective date of Public
15Act 95-821).
16    (b-15) It is unlawful for a child sex offender to
17knowingly reside within 500 feet of the victim of the sex
18offense. Nothing in this subsection (b-15) prohibits a child
19sex offender from residing within 500 feet of the victim if the
20property in which the child sex offender resides is owned by
21the child sex offender and was purchased before August 22,
222002.
23    This subsection (b-15) does not apply if the victim of the
24sex offense is 21 years of age or older.
25    (b-20) It is unlawful for a child sex offender to
26knowingly communicate, other than for a lawful purpose under

 

 

HB4340- 13 -LRB103 33869 RLC 63686 b

1Illinois law, using the Internet or any other digital media,
2with a person under 18 years of age or with a person whom he or
3she believes to be a person under 18 years of age, unless the
4offender is a parent or guardian of the person under 18 years
5of age.
6    (c) It is unlawful for a child sex offender to knowingly
7operate, manage, be employed by, volunteer at, be associated
8with, or knowingly be present at any: (i) facility providing
9programs, or services, or entertainment exclusively directed
10toward persons under the age of 18; (ii) day care center; (iii)
11part day child care facility; (iv) child care institution; (v)
12school providing before and after school programs for children
13under 18 years of age; (vi) day care home; or (vii) group day
14care home. This does not prohibit a child sex offender from
15owning the real property upon which the programs or services
16are offered or upon which the day care center, part day child
17care facility, child care institution, or school providing
18before and after school programs for children under 18 years
19of age is located, provided the child sex offender refrains
20from being present on the premises for the hours during which:
21(1) the programs or services are being offered or (2) the day
22care center, part day child care facility, child care
23institution, or school providing before and after school
24programs for children under 18 years of age, day care home, or
25group day care home is operated.
26    (c-2) It is unlawful for a child sex offender to

 

 

HB4340- 14 -LRB103 33869 RLC 63686 b

1participate in a holiday event involving children under 18
2years of age, including but not limited to distributing candy
3or other items to children on Halloween, wearing a Santa Claus
4costume on or preceding Christmas, being employed as a
5department store Santa Claus, or wearing an Easter Bunny
6costume on or preceding Easter. For the purposes of this
7subsection, child sex offender has the meaning as defined in
8this Section, but does not include as a sex offense under
9paragraph (2) of subsection (d) of this Section, the offense
10under subsection (c) of Section 11-1.50 of this Code. This
11subsection does not apply to a child sex offender who is a
12parent or guardian of children under 18 years of age that are
13present in the home and other non-familial minors are not
14present.
15    (c-5) It is unlawful for a child sex offender to knowingly
16operate, manage, be employed by, or be associated with any
17carnival, amusement enterprise, or county or State fair when
18persons under the age of 18 are present.
19    (c-6) It is unlawful for a child sex offender who owns and
20resides at residential real estate to knowingly rent any
21residential unit within the same building in which he or she
22resides to a person who is the parent or guardian of a child or
23children under 18 years of age. This subsection shall apply
24only to leases or other rental arrangements entered into after
25January 1, 2009 (the effective date of Public Act 95-820).
26    (c-7) It is unlawful for a child sex offender to knowingly

 

 

HB4340- 15 -LRB103 33869 RLC 63686 b

1offer or provide any programs or services to persons under 18
2years of age in his or her residence or the residence of
3another or in any facility for the purpose of offering or
4providing such programs or services, whether such programs or
5services are offered or provided by contract, agreement,
6arrangement, or on a volunteer basis.
7    (c-8) It is unlawful for a child sex offender to knowingly
8operate, whether authorized to do so or not, any of the
9following vehicles: (1) a vehicle which is specifically
10designed, constructed or modified and equipped to be used for
11the retail sale of food or beverages, including but not
12limited to an ice cream truck; (2) an authorized emergency
13vehicle; 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

 

 

HB4340- 23 -LRB103 33869 RLC 63686 b

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
19distance shall be measured from: (1) the edge of the property
20of the school building or the real property comprising the
21school that is closest to the edge of the property of the child
22sex offender's residence or where he or she is loitering, and
23(2) the edge of the property comprising the public park
24building or the real property comprising the public park,
25playground, child care institution, day care center, part day
26child care facility, or facility providing programs or

 

 

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1services exclusively directed toward persons under 18 years of
2age, or a victim of the sex offense who is under 21 years of
3age, to the edge of the child sex offender's place of residence
4or place where he or she is loitering.
5    (f) Sentence. A person who violates this Section is guilty
6of 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
11uses a computer on-line service, Internet service, local
12bulletin board service, or any other device capable of
13electronic data storage or transmission, performs an act in
14person or by conduct through a third party, or uses written
15communication to seduce, solicit, lure, or entice, or attempt
16to seduce, solicit, lure, or entice, a child, a child's
17guardian, or another person believed by the person to be a
18child or a child's guardian, to commit any sex offense as
19defined in Section 2 of the Sex Offender Registration Act, to
20distribute photographs depicting the sex organs of the child,
21or to otherwise engage in any unlawful sexual conduct with a
22child or with another person believed by the person to be a
23child. As used in this Section, "child" means a person under 17
24years of age.
25    (a-5) Prohibition of plea bargains.

 

 

HB4340- 25 -LRB103 33869 RLC 63686 b

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.)