Full Text of HB5327 94th General Assembly
HB5327 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5327
Introduced 01/26/06, by Rep. Kevin Joyce SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/11-21 |
from Ch. 38, par. 11-21 |
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Amends the Criminal Code of 1961. Provides that a seller or distributor of material that is harmful to minors must place such material on shelves that are over 4 feet above the floor of the room where the harmful material is distributed or sold. Provides that a seller or distributor of material that is harmful to minors who violates this provision is guilty of a Class A misdemeanor. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5327 |
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LRB094 18108 RLC 53413 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 | 5 |
| Section 11-21 as follows:
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| (720 ILCS 5/11-21) (from Ch. 38, par. 11-21)
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| Sec. 11-21. Harmful material.
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| (a) As used in this Section:
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| "Distribute" means transfer possession of, whether | 10 |
| with or without consideration.
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| "Harmful to minors" means that quality of any | 12 |
| description or representation, in whatever form, of | 13 |
| nudity, sexual conduct, sexual excitement, or | 14 |
| sado-masochistic abuse, when, taken as a whole, it (i) | 15 |
| predominately appeals to the prurient interest in sex of | 16 |
| minors, (ii) is patently offensive to prevailing standards | 17 |
| in the adult community in the State as a whole with respect | 18 |
| to what is suitable material for minors, and (iii) lacks | 19 |
| serious literary, artistic, political, or scientific value | 20 |
| for minors.
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| "Knowingly" means having knowledge of the contents of | 22 |
| the subject matter, or recklessly failing to exercise | 23 |
| reasonable inspection which would have disclosed the | 24 |
| contents.
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| "Material" means (i) any picture, photograph, drawing, | 26 |
| sculpture, film, video game, computer game, video or | 27 |
| similar visual depiction, including any such | 28 |
| representation or image which is stored electronically, or | 29 |
| (ii) any book, magazine, printed matter however | 30 |
| reproduced, or recorded audio of any sort.
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| "Minor" means any person under the age of 18.
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| "Nudity" means the showing of the human male or female |
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HB5327 |
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LRB094 18108 RLC 53413 b |
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| genitals, pubic area or buttocks with less than a full | 2 |
| opaque covering, or the showing of the female breast with | 3 |
| less than a fully opaque covering of any portion below the | 4 |
| top of the nipple, or the depiction of covered male | 5 |
| genitals in a discernably turgid state.
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| "Sado-masochistic abuse" means flagellation or torture | 7 |
| by or upon a person clad in undergarments, a mask or | 8 |
| bizarre costume, or the condition of being fettered, bound | 9 |
| or otherwise physically restrained on the part of one | 10 |
| clothed for sexual gratification or stimulation.
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| "Sexual conduct" means acts of masturbation, sexual | 12 |
| intercourse, or physical contact with a person's clothed or | 13 |
| unclothed genitals, pubic area, buttocks or, if such person | 14 |
| be a female, breast.
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| "Sexual excitement" means the condition of human male | 16 |
| or female genitals when in a state of sexual stimulation or | 17 |
| arousal.
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| (b) A person is guilty of distributing harmful material to | 19 |
| a minor when he or she:
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| (1) knowingly sells, lends, distributes, or gives away | 21 |
| to a minor, knowing that the minor is under the age of 18 | 22 |
| or failing to exercise reasonable care in ascertaining the | 23 |
| person's true age:
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| (A) any material which depicts nudity, sexual | 25 |
| conduct or sado-masochistic abuse, or which contains | 26 |
| explicit and detailed verbal descriptions or narrative | 27 |
| accounts of sexual excitement, sexual conduct or | 28 |
| sado-masochistic abuse, and which taken as a whole is | 29 |
| harmful to minors;
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| (B) a motion picture, show, or other presentation | 31 |
| which depicts nudity, sexual conduct or | 32 |
| sado-masochistic abuse and is harmful to minors; or
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| (C) an admission ticket or pass to premises where | 34 |
| there is exhibited or to be exhibited such a motion | 35 |
| picture, show, or other presentation; or
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| (2) admits a minor to premises where there is exhibited |
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LRB094 18108 RLC 53413 b |
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| or to be exhibited such a motion picture, show, or other | 2 |
| presentation, knowing that the minor is a person under the | 3 |
| age of 18 or failing to exercise reasonable care in | 4 |
| ascertaining the person's true age.
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| (c) In any prosecution arising under this Section, it is an | 6 |
| affirmative defense:
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| (1) that the minor as to whom the offense is alleged to | 8 |
| have been committed exhibited to the accused a draft card, | 9 |
| driver's license, birth certificate or other official or | 10 |
| apparently official document purporting to establish that | 11 |
| the minor was 18 years of age or older, which was relied | 12 |
| upon by the accused;
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| (2) that the defendant was in a parental or | 14 |
| guardianship relationship with the minor or that the minor | 15 |
| was accompanied by a parent or legal guardian;
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| (3) that the defendant was a bona fide school, museum, | 17 |
| or public library, or was a person acting in the course of | 18 |
| his or her employment as an employee or official of such | 19 |
| organization or retail outlet affiliated with and serving | 20 |
| the educational purpose of such organization;
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| (4) that the act charged was committed in aid of | 22 |
| legitimate scientific or educational purposes; or
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| (5) that an advertisement of harmful material as | 24 |
| defined in this Section culminated in the sale or | 25 |
| distribution of such harmful material to a child under | 26 |
| circumstances where there was no personal confrontation of | 27 |
| the child by the defendant, his employees, or agents, as | 28 |
| where the order or request for such harmful material was | 29 |
| transmitted by mail, telephone, Internet or similar means | 30 |
| of communication, and delivery of such harmful material to | 31 |
| the child was by mail, freight, Internet or similar means | 32 |
| of transport, which advertisement contained the following | 33 |
| statement, or a substantially similar statement, and that | 34 |
| the defendant required the purchaser to certify that he or | 35 |
| she was not under the age of 18 and that the purchaser | 36 |
| falsely stated that he or she was not under the age of 18: |
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LRB094 18108 RLC 53413 b |
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| "NOTICE: It is unlawful for any person under the age of 18 | 2 |
| to purchase the matter advertised. Any person under the age | 3 |
| of 18 that falsely states that he or she is not under the | 4 |
| age of 18 for the purpose of obtaining the material | 5 |
| advertised is guilty of a Class B misdemeanor under the | 6 |
| laws of the State."
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| (d) The predominant appeal to prurient interest of the | 8 |
| material shall be judged with reference to average children of | 9 |
| the same general age of the child to whom such material was | 10 |
| sold, lent, distributed or given, unless it appears from the | 11 |
| nature of the matter or the circumstances of its dissemination | 12 |
| or distribution that it is designed for specially susceptible | 13 |
| groups, in which case the predominant appeal of the material | 14 |
| shall be judged with reference to its intended or probable | 15 |
| recipient group.
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| (e) Distribution of harmful material in violation of this | 17 |
| Section is a Class A misdemeanor. A second or subsequent | 18 |
| offense is a Class 4 felony.
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| (f) Any person under the age of 18 that falsely states, | 20 |
| either orally or in writing, that he or she is not under the | 21 |
| age of 18, or that presents or offers to any person any | 22 |
| evidence of age and identity that is false or not actually his | 23 |
| or her own for the purpose of ordering, obtaining, viewing, or | 24 |
| otherwise procuring or attempting to procure or view any | 25 |
| harmful material is guilty of a Class B misdemeanor.
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| (g) A seller or distributor of material that is harmful to | 27 |
| minors must place such material on shelves that are over 4 feet | 28 |
| above the floor of the room where the harmful material is | 29 |
| distributed or sold. A seller or distributor of material that | 30 |
| is harmful to minors who violates this subsection (g) is guilty | 31 |
| of a Class A misdemeanor.
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| (Source: P.A. 94-315, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon | 34 |
| becoming law.
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