Full Text of HB1752 94th General Assembly
HB1752ham001 94TH GENERAL ASSEMBLY
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Rep. Monique D. Davis
Filed: 5/17/2005
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| AMENDMENT TO HOUSE BILL 1752
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| AMENDMENT NO. ______. Amend House Bill 1752 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by | 5 |
| changing Sections 11-6, 11-6.5, 11-9, 11-9.1, 11-11, 11-15.1, | 6 |
| 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-13, | 7 |
| 12-14, 12-14.1, 12-15, 12-16, and 12-33 as follows:
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| (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
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| Sec. 11-6. Indecent solicitation of a child.
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| (a) A person of the age of 17 years and upwards commits the | 11 |
| offense of
indecent solicitation of a child if the person, with | 12 |
| the intent that the
offense of aggravated criminal sexual | 13 |
| assault, criminal sexual assault,
predatory criminal sexual | 14 |
| assault of a child, or aggravated criminal sexual
abuse be | 15 |
| committed, knowingly solicits a child or one whom he or she | 16 |
| believes
to be a child to perform an act of sexual penetration | 17 |
| or sexual conduct as
defined in Section 12-12 of this Code.
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| (b) Definitions. As used in this Section:
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| "Solicit" means to command, authorize, urge, incite, | 20 |
| request, or
advise another to perform an act by any means | 21 |
| including, but not limited to, in
person, over the phone, | 22 |
| in writing, by computer, or by advertisement of any
kind.
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| "Child" means a person under 17 years of age.
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| (c) Sentence. Indecent solicitation of a child is:
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| (1) an unclassified felony for which a term of natural | 2 |
| life imprisonment shall be imposed
a Class 1 felony when | 3 |
| the act, if done, would be predatory criminal
sexual | 4 |
| assault of a child or aggravated criminal sexual assault;
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| (2) an unclassified felony for which a term of natural | 6 |
| life imprisonment shall be imposed
a Class 2 felony when | 7 |
| the act, if done, would be criminal sexual
assault;
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| (3) an unclassified felony for which a term of natural | 9 |
| life imprisonment shall be imposed
a Class 3 felony when | 10 |
| the act, if done, would be aggravated criminal
sexual | 11 |
| abuse.
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| (Source: P.A. 91-226, eff. 7-22-99.)
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| (720 ILCS 5/11-6.5)
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| Sec. 11-6.5. Indecent solicitation of an adult.
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| (a) A person commits indecent solicitation of an adult if | 16 |
| the person:
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| (1) Arranges for a person 17 years of age or over to | 18 |
| commit an act of
sexual penetration as defined in Section | 19 |
| 12-12 with a person:
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| (i) Under the age of 13 years; or
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| (ii) Thirteen years of age or over but under the | 22 |
| age of 17 years; or
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| (2) Arranges for a person 17 years of age or over to | 24 |
| commit an act of
sexual conduct as defined in Section 12-12 | 25 |
| with a person:
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| (i) Under the age of 13 years; or
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| (ii) Thirteen years of age or older but under the | 28 |
| age of 17 years.
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| (b) Sentence.
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| (1) Violation of paragraph (a)(1)(i) is an | 31 |
| unclassified felony for which a term of natural life | 32 |
| imprisonment shall be imposed
a Class X felony .
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| (2) Violation of paragraph (a)(1)(ii) is an |
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| unclassified felony for which a term of natural life | 2 |
| imprisonment shall be imposed
a Class 1 felony .
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| (3) Violation of
paragraph (a)(2)(i) is an | 4 |
| unclassified felony for which a term of natural life | 5 |
| imprisonment shall be imposed
a Class 2 felony .
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| (4) Violation of paragraph (a)(2)(ii)
is a Class A | 7 |
| misdemeanor.
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| (c) For the purposes of this Section, "arranges" includes | 9 |
| but is not
limited to oral or written communication and
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| communication by telephone, computer, or other electronic | 11 |
| means. "Computer"
has the meaning ascribed to it in Section | 12 |
| 16D-2 of this Code.
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| (Source: P.A. 88-165; 89-203, eff. 7-21-95.)
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| (720 ILCS 5/11-9) (from Ch. 38, par. 11-9)
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| Sec. 11-9. Public indecency.
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| (a) Any person of the age of 17 years and upwards who | 17 |
| performs any of
the following acts in a public place commits a | 18 |
| public indecency:
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| (1) An act of sexual penetration or sexual conduct as | 20 |
| defined in Section
12-12 of this Code; or
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| (2) A lewd exposure of the body done with intent to | 22 |
| arouse or to satisfy
the sexual desire of the person.
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| Breast-feeding of infants is not an act of public | 24 |
| indecency.
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| (b) "Public place" for purposes of this Section means any | 26 |
| place where
the conduct may reasonably be expected to be viewed | 27 |
| by others.
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| (c) Sentence.
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| Public indecency is a Class A misdemeanor.
A person | 30 |
| convicted of a third or subsequent violation for public | 31 |
| indecency
is guilty of an unclassified felony for which a term | 32 |
| of natural life imprisonment shall be imposed
a Class 4 felony .
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| (Source: P.A. 91-115, eff. 1-1-00.)
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| (720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
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| Sec. 11-9.1. Sexual exploitation of a child.
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| (a) Any person commits sexual exploitation of a child if in | 4 |
| the presence
of a child and with intent or knowledge that a | 5 |
| child would view his or her
acts, that person:
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| (1) engages in a sexual act; or
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| (2) exposes his or her sex organs, anus or breast for | 8 |
| the purpose of
sexual arousal or gratification of such | 9 |
| person or the child.
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| (a-5) A person commits sexual exploitation of a child who | 11 |
| knowingly
entices, coerces, or persuades a child to remove the | 12 |
| child's clothing for the
purpose of sexual arousal or | 13 |
| gratification of the person or the child, or
both.
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| (b) Definitions. As used in this Section:
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| "Sexual act" means masturbation, sexual conduct or sexual | 16 |
| penetration
as defined in Section 12-12 of this Code.
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| "Sex offense" means any violation
of
Article 11 of this | 18 |
| Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15,
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| 12-16, or 12-16.2 of this Code.
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| "Child" means a person under 17 years of age.
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| (c) Sentence.
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| (1) Sexual exploitation of a child is a Class A | 23 |
| misdemeanor. A second
or subsequent violation of this | 24 |
| Section is an unclassified felony for which a term of | 25 |
| natural life imprisonment shall be imposed
a Class 4 | 26 |
| felony .
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| (2) Sexual exploitation of a child is an unclassified | 28 |
| felony for which a term of natural life imprisonment shall | 29 |
| be imposed
a Class 4 felony if the person has
been | 30 |
| previously convicted of a sex offense.
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| (Source: P.A. 91-223, eff. 1-1-00.)
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| (720 ILCS 5/11-11) (from Ch. 38, par. 11-11)
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| Sec. 11-11. Sexual Relations Within Families. (a) A
person | 2 |
| commits sexual relations within families if he or she:
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| (1) Commits an act of sexual penetration as defined in | 4 |
| Section 12-12
of this Code; and
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| (2) The person knows that he or she is related to the other | 6 |
| person as follows:
(i) Brother or sister, either of the whole | 7 |
| blood or the half blood;
or (ii) Father or mother, when the | 8 |
| child, regardless of
legitimacy and regardless of whether the | 9 |
| child was of the
whole blood or half-blood or was adopted, was
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| 18 years of age or over when the act was committed; or (iii) | 11 |
| Stepfather
or stepmother, when the stepchild was 18 years of | 12 |
| age or over when the act
was committed.
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| (b) Sentence. Sexual relations within families
is an | 14 |
| unclassified felony for which a term of natural life | 15 |
| imprisonment shall be imposed
a Class 3 felony .
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| (Source: P.A. 84-1280.)
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| (720 ILCS 5/11-15.1) (from Ch. 38, par. 11-15.1)
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| Sec. 11-15.1. Soliciting for a Juvenile Prostitute.
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| (a) Any person who
violates any of the provisions of | 20 |
| Section 11-15(a) of this Act commits
soliciting for a juvenile | 21 |
| prostitute where the prostitute for whom such
person is | 22 |
| soliciting is under 16 years of age or is a
severely or | 23 |
| profoundly mentally retarded person.
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| (b) It is an affirmative defense to a charge of soliciting | 25 |
| for a
juvenile prostitute that the accused reasonably believed | 26 |
| the person was of
the age of 16 years or over or was not a | 27 |
| severely
or
profoundly mentally retarded person at the time of | 28 |
| the act giving rise to the
charge.
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| (c) Sentence.
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| Soliciting for a juvenile prostitute is an unclassified | 31 |
| felony for which a term of natural life imprisonment shall be | 32 |
| imposed
a Class 1 felony .
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| (Source: P.A. 92-434, eff. 1-1-02.)
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| (720 ILCS 5/11-17.1) (from Ch. 38, par. 11-17.1)
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| Sec. 11-17.1. Keeping a Place of Juvenile Prostitution.
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| (a) Any
person who knowingly violates any of the provisions | 4 |
| of Section 11-17 of
this Act commits keeping a place of | 5 |
| juvenile prostitution when any
prostitute in the place of | 6 |
| prostitution is under 16 years of age.
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| (b) It is an affirmative defense to a charge of keeping a | 8 |
| place of juvenile
prostitution that the accused reasonably | 9 |
| believed the person was of the age
of 16 years or over at the | 10 |
| time of the act giving rise to the charge.
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| (c) Sentence. Keeping a place of juvenile prostitution is | 12 |
| an unclassified felony for which a term of natural life | 13 |
| imprisonment shall be imposed
a Class 1
felony . A person | 14 |
| convicted of a second or subsequent violation of this
Section | 15 |
| is guilty of an unclassified felony for which a term of natural | 16 |
| life imprisonment shall be imposed
a Class X felony .
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| (d) Forfeiture. Any person convicted under this Section is | 18 |
| subject to
the forfeiture provisions of Section 11-20.1A of | 19 |
| this Act.
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| (Source: P.A. 91-357, eff. 7-29-99.)
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| (720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1)
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| Sec. 11-18.1. Patronizing a juvenile prostitute. (a) Any | 23 |
| person who
engages in an act of sexual penetration as defined | 24 |
| in Section 12-12 of this
Code with a prostitute under 17 years | 25 |
| of age commits the offense of
patronizing a juvenile | 26 |
| prostitute.
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| (b) It is an affirmative defense to the charge of | 28 |
| patronizing a
juvenile prostitute that the accused reasonably | 29 |
| believed that the person
was of the age of 17 years or over at | 30 |
| the time of the act giving rise to
the charge.
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| (c) Sentence.
A person who commits patronizing a juvenile | 32 |
| prostitute is guilty of an unclassified felony for which a term |
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| of natural life imprisonment shall be imposed
a Class 4 felony .
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| (Source: P.A. 85-1447.)
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| (720 ILCS 5/11-19.1) (from Ch. 38, par. 11-19.1)
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| Sec. 11-19.1. Juvenile Pimping and aggravated juvenile | 5 |
| pimping.
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| (a) A person commits the offense of juvenile pimping if the | 7 |
| person knowingly receives any form of consideration derived | 8 |
| from the practice of prostitution, in whole or in part, and | 9 |
| (1) the prostitute was under the age of 16 at the time | 10 |
| the act of prostitution occurred; or | 11 |
| (2) the prostitute was a severely or profoundly | 12 |
| mentally retarded person at the time the act of | 13 |
| prostitution occurred.
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| (b) A person commits the offense of aggravated juvenile | 15 |
| pimping if the person knowingly receives any form of | 16 |
| consideration derived from the practice of prostitution, in | 17 |
| whole or in part, and the prostitute was under the age of 13 at | 18 |
| the time the act of prostitution occurred.
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| (c) It is an affirmative defense to a charge of juvenile | 20 |
| pimping that
the accused reasonably believed the person was of | 21 |
| the age of 16
years or over or was not a severely or profoundly
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| mentally retarded person at the time of the act giving rise to | 23 |
| the charge.
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| (d) Sentence.
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| A person who commits a violation of subsection (a) is | 26 |
| guilty of an unclassified felony for which a term of natural | 27 |
| life imprisonment shall be imposed
a Class 1 felony . A person | 28 |
| who commits a violation of subsection (b) is guilty of an | 29 |
| unclassified felony for which a term of natural life | 30 |
| imprisonment shall be imposed
a Class X felony .
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| (Source: P.A. 92-434, eff. 1-1-02; 93-696, eff. 1-1-05.)
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| (720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
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| Sec. 11-19.2. Exploitation of a child.
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| (A) A person commits exploitation
of a child when he or she | 3 |
| confines a child under the age of 16 or a severely or | 4 |
| profoundly mentally retarded person against his
or her will by | 5 |
| the infliction or threat of imminent infliction of great
bodily | 6 |
| harm, permanent disability or disfigurement or by | 7 |
| administering to
the child or severely or profoundly mentally
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| retarded person without his or her consent or by threat or | 9 |
| deception and for
other
than medical purposes, any alcoholic | 10 |
| intoxicant or a drug as defined in
the Illinois Controlled | 11 |
| Substances Act or the Cannabis Control Act and:
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| (1) compels the child or severely or profoundly
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| mentally retarded person to become a prostitute; or
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| (2) arranges a situation in which the child or
severely | 15 |
| or profoundly mentally retarded person may practice | 16 |
| prostitution; or
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| (3) receives any money, property, token, object, or | 18 |
| article or
anything of
value from the child or severely or | 19 |
| profoundly mentally retarded person knowing
it was | 20 |
| obtained
in whole or in part from the practice of | 21 |
| prostitution.
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| (B) For purposes of this Section, administering drugs, as | 23 |
| defined in
subsection
(A), or an alcoholic intoxicant to a | 24 |
| child under the age of 13 or a severely or profoundly mentally | 25 |
| retarded person shall be
deemed to be without consent if such | 26 |
| administering is done without the consent
of the parents or | 27 |
| legal guardian.
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| (C) Exploitation of a child is an unclassified felony for | 29 |
| which a term of natural life imprisonment shall be imposed
a | 30 |
| Class X felony .
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| (D) Any person convicted under this Section is subject to | 32 |
| the
forfeiture provisions of Section 11-20.1A of this Act.
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| (Source: P.A. 91-357, eff. 7-29-99; 91-696, eff. 4-13-00; | 34 |
| 92-434, eff. 1-1-02.)
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| (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
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| Sec. 11-20.1. Child pornography.
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| (a) A person commits the offense of child pornography who:
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| (1) films, videotapes, photographs, or otherwise | 5 |
| depicts or portrays by
means of any similar visual medium | 6 |
| or reproduction or depicts by computer any
child whom he | 7 |
| knows or reasonably should know to be under the age of 18 | 8 |
| or any
severely or profoundly mentally retarded person | 9 |
| where such child or severely
or profoundly mentally | 10 |
| retarded person is:
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| (i) actually or by simulation engaged in any act of | 12 |
| sexual
penetration or sexual conduct
with any person or | 13 |
| animal; or
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| (ii) actually or by simulation engaged in any act | 15 |
| of sexual
penetration or sexual conduct
involving the | 16 |
| sex organs of the child or severely or
profoundly | 17 |
| mentally retarded person and the mouth, anus, or sex | 18 |
| organs of
another person or animal; or which involves | 19 |
| the mouth, anus or sex organs
of the child or severely | 20 |
| or profoundly mentally retarded
person and the sex | 21 |
| organs of another person or animal; or
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| (iii) actually or by simulation engaged in any act | 23 |
| of masturbation; or
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| (iv) actually or by simulation portrayed as being | 25 |
| the object of, or
otherwise engaged in, any act of lewd | 26 |
| fondling, touching, or caressing
involving another | 27 |
| person or animal; or
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| (v) actually or by simulation engaged in any act of | 29 |
| excretion or
urination within a sexual context; or
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| (vi) actually or by simulation portrayed or | 31 |
| depicted as bound, fettered,
or subject to sadistic, | 32 |
| masochistic, or sadomasochistic abuse in any sexual
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| context; or
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| (vii) depicted or portrayed in any pose, posture or | 2 |
| setting involving
a lewd exhibition of the unclothed | 3 |
| genitals, pubic area, buttocks, or, if
such person is | 4 |
| female, a fully or partially developed breast of the | 5 |
| child
or other person; or
| 6 |
| (2) with the knowledge of the nature or content | 7 |
| thereof, reproduces,
disseminates, offers to disseminate, | 8 |
| exhibits or possesses with intent to
disseminate any film, | 9 |
| videotape, photograph or other similar visual
reproduction | 10 |
| or depiction by computer of any child or severely or | 11 |
| profoundly
mentally retarded person whom the person knows | 12 |
| or reasonably should know to be
under the age of 18 or to | 13 |
| be a severely or profoundly mentally retarded person,
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| engaged in any activity described in subparagraphs (i) | 15 |
| through (vii) of
paragraph (1) of this subsection; or
| 16 |
| (3) with knowledge of the subject matter or theme | 17 |
| thereof, produces any
stage play, live performance, film, | 18 |
| videotape or other similar visual
portrayal or depiction by | 19 |
| computer which
includes a child whom the person knows or | 20 |
| reasonably should
know to be under the age of 18 or a | 21 |
| severely or
profoundly mentally retarded person engaged in | 22 |
| any activity described in
subparagraphs (i) through (vii) | 23 |
| of paragraph (1) of this subsection; or
| 24 |
| (4) solicits, uses, persuades, induces, entices, or | 25 |
| coerces any child
whom he knows or reasonably should know | 26 |
| to be under
the age of 18 or a severely or profoundly | 27 |
| mentally
retarded person to appear in any stage play, live | 28 |
| presentation, film,
videotape, photograph or other similar | 29 |
| visual reproduction or depiction
by computer in which the
| 30 |
| child or severely or profoundly mentally retarded person
is | 31 |
| or will be depicted, actually or by simulation, in any act, | 32 |
| pose or
setting described in subparagraphs (i) through | 33 |
| (vii) of paragraph (1) of
this subsection; or
| 34 |
| (5) is a parent, step-parent, legal guardian or other |
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| person having
care or custody
of a child whom the person | 2 |
| knows or reasonably should know to be under
the age of 18 | 3 |
| or a severely or profoundly mentally
retarded person and | 4 |
| who knowingly permits, induces, promotes, or arranges
for | 5 |
| such child or severely or profoundly mentally retarded
| 6 |
| person to appear in any stage play, live performance, film, | 7 |
| videotape,
photograph or other similar visual | 8 |
| presentation, portrayal or simulation or
depiction by | 9 |
| computer of any act or activity described in subparagraphs | 10 |
| (i)
through (vii) of paragraph (1) of this subsection; or
| 11 |
| (6) with knowledge of the nature or content thereof, | 12 |
| possesses any film,
videotape, photograph or other similar | 13 |
| visual reproduction or depiction by
computer of any child | 14 |
| or severely or profoundly mentally retarded person
whom the | 15 |
| person knows or reasonably should know to be under the age | 16 |
| of 18
or to be a severely or profoundly mentally retarded
| 17 |
| person, engaged in any activity described in subparagraphs | 18 |
| (i) through
(vii) of paragraph (1) of this subsection; or
| 19 |
| (7) solicits, uses, persuades, induces, entices, or | 20 |
| coerces a person
to provide a child under the age of 18 or | 21 |
| a severely or profoundly mentally
retarded person to appear | 22 |
| in any videotape, photograph, film, stage play, live
| 23 |
| presentation, or other similar visual reproduction or | 24 |
| depiction by computer
in which the child or severely or | 25 |
| profoundly mentally retarded person will be
depicted, | 26 |
| actually or by simulation, in any act, pose, or setting | 27 |
| described in
subparagraphs (i) through (vii) of paragraph | 28 |
| (1) of this subsection.
| 29 |
| (b) (1) It shall be an affirmative defense to a charge of | 30 |
| child
pornography that the defendant reasonably believed, | 31 |
| under all of the
circumstances, that the child was 18 years | 32 |
| of age or older or that the
person was not a severely or | 33 |
| profoundly mentally
retarded person but only where, prior | 34 |
| to the act or acts giving rise to a
prosecution under this |
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| Section, he took some affirmative action or made a
bonafide | 2 |
| inquiry designed to ascertain whether the child was 18 | 3 |
| years of
age or older or that the person was not a severely | 4 |
| or
profoundly mentally retarded person and his reliance | 5 |
| upon the information
so obtained was clearly reasonable.
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| (2) (Blank).
| 7 |
| (3) The charge of child pornography shall not apply to | 8 |
| the performance
of official duties by law enforcement or | 9 |
| prosecuting officers, court personnel
or attorneys, nor to | 10 |
| bonafide treatment or professional education programs
| 11 |
| conducted by licensed physicians, psychologists or social | 12 |
| workers.
| 13 |
| (4) Possession by the defendant of more than one of the | 14 |
| same film,
videotape or visual reproduction or depiction by | 15 |
| computer in which child
pornography is depicted
shall raise | 16 |
| a rebuttable presumption that the defendant possessed such
| 17 |
| materials with the intent to disseminate them.
| 18 |
| (5) The charge of child pornography does not apply to a | 19 |
| person who does
not voluntarily possess a film, videotape, | 20 |
| or visual reproduction or depiction
by computer in which | 21 |
| child pornography is depicted. Possession is voluntary if
| 22 |
| the defendant knowingly procures or receives a film, | 23 |
| videotape, or visual
reproduction or depiction for a | 24 |
| sufficient time to be able to terminate his
or her | 25 |
| possession.
| 26 |
| (c) Violation of paragraph (1), (4), (5), or (7) of | 27 |
| subsection (a) is an unclassified felony for which a term of | 28 |
| natural life imprisonment shall be imposed
a
Class 1 felony
| 29 |
| with a mandatory minimum fine of $2,000 and a maximum fine of
| 30 |
| $100,000. Violation of paragraph (3) of subsection (a) is an | 31 |
| unclassified felony for which a term of natural life | 32 |
| imprisonment shall be imposed
a Class 1 felony
with a mandatory | 33 |
| minimum fine of $1500 and a maximum fine of $100,000.
Violation | 34 |
| of paragraph (2) of subsection (a) is an unclassified felony |
|
|
|
09400HB1752ham001 |
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LRB094 07551 RLC 45802 a |
|
| 1 |
| for which a term of natural life imprisonment shall be imposed
| 2 |
| a Class 1 felony with a
mandatory minimum fine of $1000 and a | 3 |
| maximum fine of $100,000. Violation of
paragraph (6) of | 4 |
| subsection (a) is an unclassified felony for which a term of | 5 |
| natural life imprisonment shall be imposed
a Class 3 felony
| 6 |
| with a mandatory
minimum fine of $1000 and a maximum fine of | 7 |
| $100,000.
| 8 |
| (d) If a person is convicted of a second or subsequent | 9 |
| violation of
this Section within 10 years of a prior | 10 |
| conviction, the court shall order a
presentence psychiatric | 11 |
| examination of the person. The examiner shall report
to the | 12 |
| court whether treatment of the person is necessary.
| 13 |
| (e) Any film, videotape, photograph or other similar visual | 14 |
| reproduction
or depiction by computer which includes a child | 15 |
| under the age of 18 or a
severely or profoundly mentally | 16 |
| retarded person engaged in any activity
described in | 17 |
| subparagraphs (i) through (vii) or paragraph 1 of subsection
| 18 |
| (a), and any material or equipment used or intended for use in | 19 |
| photographing,
filming, printing, producing, reproducing, | 20 |
| manufacturing, projecting,
exhibiting, depiction by computer, | 21 |
| or disseminating such material shall be
seized and forfeited in | 22 |
| the manner, method and procedure provided by Section
36-1 of | 23 |
| this Code for the seizure and forfeiture of vessels, vehicles | 24 |
| and
aircraft.
| 25 |
| (e-5) Upon the conclusion of a case brought under this | 26 |
| Section, the court
shall seal all evidence depicting a victim | 27 |
| or witness that is sexually
explicit. The evidence may be | 28 |
| unsealed and viewed, on a motion of the party
seeking to unseal | 29 |
| and view the evidence, only for good cause shown and in the
| 30 |
| discretion of the court. The motion must expressly set forth | 31 |
| the purpose for
viewing the material. The State's attorney and | 32 |
| the victim, if possible, shall
be provided reasonable notice of | 33 |
| the hearing on the motion to unseal the
evidence. Any person | 34 |
| entitled to notice of a hearing under this subsection
(e-5) may |
|
|
|
09400HB1752ham001 |
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LRB094 07551 RLC 45802 a |
|
| 1 |
| object to the motion.
| 2 |
| (f) Definitions. For the purposes of this Section:
| 3 |
| (1) "Disseminate" means (i) to sell, distribute, | 4 |
| exchange or transfer
possession, whether with or without | 5 |
| consideration or (ii) to make a depiction
by computer | 6 |
| available for distribution or downloading through the | 7 |
| facilities
of any telecommunications network or through | 8 |
| any other means of transferring
computer programs or data | 9 |
| to a computer.
| 10 |
| (2) "Produce" means to direct, promote, advertise, | 11 |
| publish, manufacture,
issue, present or show.
| 12 |
| (3) "Reproduce" means to make a duplication or copy.
| 13 |
| (4) "Depict by computer" means to generate or create, | 14 |
| or cause to be
created or generated, a computer program or | 15 |
| data that, after being processed by
a computer either alone | 16 |
| or in conjunction with one or more computer programs,
| 17 |
| results in a visual depiction on a computer monitor, | 18 |
| screen, or display.
| 19 |
| (5) "Depiction by computer" means a computer program or | 20 |
| data that, after
being processed by a computer either alone | 21 |
| or in conjunction with one or more
computer programs, | 22 |
| results in a visual depiction on a computer monitor, | 23 |
| screen,
or display.
| 24 |
| (6) "Computer", "computer program", and "data" have | 25 |
| the meanings
ascribed to them in Section 16D-2 of this | 26 |
| Code.
| 27 |
| (7) "Child" includes a film, videotape, photograph, or | 28 |
| other similar
visual medium or reproduction or depiction by | 29 |
| computer that is, or appears to
be, that of a person, | 30 |
| either in part, or in total, under the age of 18,
| 31 |
| regardless of the method by which the film, videotape, | 32 |
| photograph, or other
similar visual medium or reproduction | 33 |
| or depiction by computer is created,
adopted, or modified | 34 |
| to appear as such. "Child" also includes a film,
videotape, |
|
|
|
09400HB1752ham001 |
- 15 - |
LRB094 07551 RLC 45802 a |
|
| 1 |
| photograph, or other similar visual medium or reproduction | 2 |
| or
depiction by computer that is advertised, promoted, | 3 |
| presented, described, or
distributed in such a manner that | 4 |
| conveys the impression that the film,
videotape, | 5 |
| photograph, or other similar visual medium or reproduction | 6 |
| or
depiction by computer is of a person under the age of | 7 |
| 18.
| 8 |
| (8) "Sexual penetration" and "sexual conduct" have the | 9 |
| meanings ascribed
to them in Section 12-12 of this Code.
| 10 |
| (g) Re-enactment; findings; purposes.
| 11 |
| (1) The General Assembly finds and declares that:
| 12 |
| (i) Section 50-5 of Public Act 88-680, effective | 13 |
| January 1, 1995,
contained provisions amending the | 14 |
| child pornography statute, Section 11-20.1
of the | 15 |
| Criminal Code of 1961. Section 50-5 also contained | 16 |
| other provisions.
| 17 |
| (ii) In addition, Public Act 88-680 was entitled | 18 |
| "AN ACT to create a
Safe Neighborhoods Law". (A) | 19 |
| Article 5 was entitled JUVENILE JUSTICE and
amended the | 20 |
| Juvenile Court Act of 1987. (B) Article 15 was entitled | 21 |
| GANGS and
amended various provisions of the Criminal | 22 |
| Code of 1961 and the Unified Code
of Corrections. (C) | 23 |
| Article 20 was entitled ALCOHOL ABUSE and amended | 24 |
| various
provisions of the Illinois Vehicle Code. (D) | 25 |
| Article 25 was entitled DRUG
ABUSE and amended the | 26 |
| Cannabis Control Act and the Illinois Controlled
| 27 |
| Substances Act. (E) Article 30 was entitled FIREARMS | 28 |
| and amended the Criminal
Code of 1961 and the Code of | 29 |
| Criminal Procedure of 1963. (F) Article 35
amended the | 30 |
| Criminal Code of 1961, the Rights of Crime Victims and | 31 |
| Witnesses
Act, and the Unified Code of Corrections. (G) | 32 |
| Article 40 amended the Criminal
Code of 1961 to | 33 |
| increase the penalty for compelling organization | 34 |
| membership of
persons. (H) Article 45 created the |
|
|
|
09400HB1752ham001 |
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LRB094 07551 RLC 45802 a |
|
| 1 |
| Secure Residential Youth Care Facility
Licensing Act | 2 |
| and amended the State Finance Act, the Juvenile Court | 3 |
| Act of
1987, the Unified Code of Corrections, and the | 4 |
| Private Correctional Facility
Moratorium Act. (I) | 5 |
| Article 50 amended the WIC Vendor Management Act, the
| 6 |
| Firearm Owners Identification Card Act, the Juvenile | 7 |
| Court Act of 1987, the
Criminal Code of 1961, the | 8 |
| Wrongs to Children Act, and the Unified Code of
| 9 |
| Corrections.
| 10 |
| (iii) On September 22, 1998, the Third District | 11 |
| Appellate Court in
People v. Dainty, 701 N.E. 2d 118, | 12 |
| ruled that Public Act 88-680 violates the
single | 13 |
| subject clause of the Illinois Constitution (Article | 14 |
| IV, Section 8 (d))
and was unconstitutional in its | 15 |
| entirety. As of the time this amendatory Act
of 1999 | 16 |
| was prepared, People v. Dainty was still subject to | 17 |
| appeal.
| 18 |
| (iv) Child pornography is a vital concern to the | 19 |
| people of this State
and the validity of future | 20 |
| prosecutions under the child pornography statute of
| 21 |
| the Criminal Code of 1961 is in grave doubt.
| 22 |
| (2) It is the purpose of this amendatory Act of 1999 to | 23 |
| prevent or
minimize any problems relating to prosecutions | 24 |
| for child pornography that may
result from challenges to | 25 |
| the constitutional validity of Public Act 88-680 by
| 26 |
| re-enacting the Section relating to child pornography that | 27 |
| was included in
Public Act 88-680.
| 28 |
| (3) This amendatory Act of 1999 re-enacts Section | 29 |
| 11-20.1 of the
Criminal Code of 1961, as it has been | 30 |
| amended. This re-enactment is intended
to remove any | 31 |
| question as to the validity or content of that Section; it | 32 |
| is not
intended to supersede any other Public Act that | 33 |
| amends the text of the Section
as set forth in this | 34 |
| amendatory Act of 1999. The material is shown as existing
|
|
|
|
09400HB1752ham001 |
- 17 - |
LRB094 07551 RLC 45802 a |
|
| 1 |
| text (i.e., without underscoring) because, as of the time | 2 |
| this amendatory Act
of 1999 was prepared, People v. Dainty | 3 |
| was subject to appeal to the Illinois
Supreme Court.
| 4 |
| (4) The re-enactment by this amendatory Act of 1999 of | 5 |
| Section 11-20.1 of
the Criminal Code of 1961 relating to | 6 |
| child pornography that was amended by
Public Act 88-680 is | 7 |
| not intended, and shall not be construed, to imply that
| 8 |
| Public Act 88-680 is invalid or to limit or impair any | 9 |
| legal argument
concerning whether those provisions were | 10 |
| substantially re-enacted by other
Public Acts.
| 11 |
| (Source: P.A. 91-54, eff. 6-30-99; 91-229, eff. 1-1-00; 91-357, | 12 |
| eff.
7-29-99; 92-16, eff. 6-28-01; 92-434, eff. 1-1-02; 92-827, | 13 |
| eff. 8-22-02.)
| 14 |
| (720 ILCS 5/11-21) (from Ch. 38, par. 11-21)
| 15 |
| Sec. 11-21. Harmful material.
| 16 |
| (a) Elements of the Offense.
| 17 |
| A person who, with knowledge that a person is a child, that | 18 |
| is a person
under 18 years of age, or who fails to exercise | 19 |
| reasonable care in
ascertaining the true age of a child, | 20 |
| knowingly distributes to or sends or
causes to be sent to, or | 21 |
| exhibits to, or offers to distribute or exhibit
any harmful | 22 |
| material to a child, is guilty of a misdemeanor.
| 23 |
| (b) Definitions.
| 24 |
| (1) Material is harmful if, to the average person, applying | 25 |
| contemporary
standards, its predominant appeal, taken as a | 26 |
| whole, is to prurient
interest, that is a shameful or morbid | 27 |
| interest in nudity, sex, or
excretion, which goes substantially | 28 |
| beyond customary limits of candor in
description or | 29 |
| representation of such matters, and is material the
redeeming | 30 |
| social importance of which is substantially less than its
| 31 |
| prurient appeal.
| 32 |
| (2) Material, as used in this Section means any writing, | 33 |
| picture, record
or other representation or embodiment.
|
|
|
|
09400HB1752ham001 |
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LRB094 07551 RLC 45802 a |
|
| 1 |
| (3) Distribute means to transfer possession of, whether | 2 |
| with or without
consideration.
| 3 |
| (4) Knowingly, as used in this section means having | 4 |
| knowledge of the
contents of the subject matter, or recklessly | 5 |
| failing to exercise
reasonable inspection which would have | 6 |
| disclosed the contents thereof.
| 7 |
| (c) Interpretation of Evidence.
| 8 |
| The predominant appeal to prurient interest of the material | 9 |
| shall be
judged with reference to average children of the same | 10 |
| general age of the
child to whom such material was offered, | 11 |
| distributed, sent or exhibited,
unless it appears from the | 12 |
| nature of the matter or the circumstances of its
dissemination, | 13 |
| distribution or exhibition that it is designed for specially
| 14 |
| susceptible groups, in which case the predominant appeal of the | 15 |
| material
shall be judged with reference to its intended or | 16 |
| probable recipient group.
| 17 |
| In prosecutions under this section, where circumstances of | 18 |
| production,
presentation, sale, dissemination, distribution, | 19 |
| or publicity indicate the
material is being commercially | 20 |
| exploited for the sake of its prurient
appeal, such evidence is | 21 |
| probative with respect to the nature of the
material and can | 22 |
| justify the conclusion that the redeeming social
importance of | 23 |
| the material is in fact substantially less than its prurient
| 24 |
| appeal.
| 25 |
| (d) Sentence.
| 26 |
| Distribution of harmful material in violation of this | 27 |
| Section is a Class
A misdemeanor. A second or subsequent | 28 |
| offense is an unclassified felony for which a term of natural | 29 |
| life imprisonment shall be imposed
a Class 4 felony .
| 30 |
| (e) Affirmative Defenses.
| 31 |
| (1) Nothing in this section shall prohibit any public | 32 |
| library or any
library operated by an accredited institution of | 33 |
| higher education from
circulating harmful material to any | 34 |
| person under 18 years of age, provided
such circulation is in |
|
|
|
09400HB1752ham001 |
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LRB094 07551 RLC 45802 a |
|
| 1 |
| aid of a legitimate scientific or educational
purpose, and it | 2 |
| shall be an affirmative defense in any prosecution for a
| 3 |
| violation of this section that the act charged was committed in | 4 |
| aid of
legitimate scientific or educational purposes.
| 5 |
| (2) Nothing in this section shall prohibit any parent from | 6 |
| distributing
to his child any harmful material.
| 7 |
| (3) Proof that the defendant demanded, was shown and acted | 8 |
| in reliance
upon any of the following documents as proof of the | 9 |
| age of a child, shall
be a defense to any criminal prosecution | 10 |
| under this section: A document
issued by the federal government | 11 |
| or any state, county or municipal
government or subdivision or | 12 |
| agency thereof, including, but not limited to,
a motor vehicle | 13 |
| operator's license, a registration certificate issued under
| 14 |
| the Federal Selective Service Act or an identification card | 15 |
| issued to a
member of the armed forces.
| 16 |
| (4) In the event an advertisement of harmful material as | 17 |
| defined in this
section culminates in the sale or distribution | 18 |
| of such harmful material to
a child, under circumstances where | 19 |
| there was no personal confrontation of
the child by the | 20 |
| defendant, his employees or agents, as where the order or
| 21 |
| request for such harmful material was transmitted by mail, | 22 |
| telephone, or
similar means of communication, and delivery of | 23 |
| such harmful material to
the child was by mail, freight, or | 24 |
| similar means of transport, it shall be
a defense in any | 25 |
| prosecution for a violation of this section that the
| 26 |
| advertisement contained the following statement, or a | 27 |
| statement
substantially similar thereto, and that the | 28 |
| defendant required the
purchaser to certify that he was not | 29 |
| under 18 years of age and that the
purchaser falsely stated | 30 |
| that he was not under 18 years of age: "NOTICE: It
is unlawful | 31 |
| for any person under 18 years of age to purchase the matter
| 32 |
| herein advertised. Any person under 18 years of age who falsely | 33 |
| states that
he is not under 18 years of age for the purpose of | 34 |
| obtaining the material
advertised herein, is guilty of a Class |
|
|
|
09400HB1752ham001 |
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LRB094 07551 RLC 45802 a |
|
| 1 |
| B misdemeanor under the laws of the
State of Illinois."
| 2 |
| (f) Child Falsifying Age.
| 3 |
| Any person under 18 years of age who falsely states, either | 4 |
| orally or in
writing, that he is not under the age of 18 years, | 5 |
| or who presents or
offers to any person any evidence of age and | 6 |
| identity which is false or not
actually his own for the purpose | 7 |
| of ordering, obtaining, viewing, or
otherwise procuring or | 8 |
| attempting to procure or view any harmful material,
is guilty | 9 |
| of a Class B misdemeanor.
| 10 |
| (Source: P.A. 77-2638.)
| 11 |
| (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
| 12 |
| Sec. 12-13. Criminal Sexual Assault.
| 13 |
| (a) The accused commits criminal sexual assault if he or | 14 |
| she:
| 15 |
| (1) commits an act of sexual penetration by the use of | 16 |
| force or threat of
force; or
| 17 |
| (2) commits an act of sexual penetration and the | 18 |
| accused knew that the
victim was unable to understand the | 19 |
| nature of the act or was unable to give
knowing consent; or
| 20 |
| (3) commits an act of sexual penetration with a victim | 21 |
| who was under 18
years of age when the act was committed | 22 |
| and the accused was a family
member; or
| 23 |
| (4) commits an act of sexual penetration with a victim | 24 |
| who was at
least 13 years of age but under 18 years of age | 25 |
| when the act was committed
and the accused was 17 years of | 26 |
| age or over and held a position of trust,
authority or | 27 |
| supervision in relation to the victim.
| 28 |
| (b) Sentence.
| 29 |
| (1) Criminal sexual assault is an unclassified felony | 30 |
| for which a term of natural life imprisonment shall be | 31 |
| imposed
a Class 1 felony .
| 32 |
| (2) (Blank)
A person who is convicted of the offense of | 33 |
| criminal sexual assault as
defined in paragraph (a)(1) or |
|
|
|
09400HB1752ham001 |
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LRB094 07551 RLC 45802 a |
|
| 1 |
| (a)(2) after having previously been convicted of
the | 2 |
| offense of criminal sexual assault, or who is convicted of | 3 |
| the offense of
criminal sexual assault as defined in | 4 |
| paragraph (a)(1) or (a)(2) after having
previously been | 5 |
| convicted under the laws of this State or any other state | 6 |
| of an
offense that is substantially equivalent to the | 7 |
| offense of criminal sexual
assault, commits a Class X | 8 |
| felony for which the person shall be sentenced to a
term of | 9 |
| imprisonment of not less than 30 years and not more than 60 | 10 |
| years. The
commission of the second or subsequent offense | 11 |
| is required to have been after
the initial conviction for | 12 |
| this paragraph (2) to apply .
| 13 |
| (3) (Blank)
A person who is convicted of the offense of | 14 |
| criminal sexual assault as
defined in paragraph (a)(1) or | 15 |
| (a)(2) after having previously been convicted of
the | 16 |
| offense of aggravated criminal sexual assault or the | 17 |
| offense of predatory
criminal sexual assault of a child, or | 18 |
| who is convicted of the offense of
criminal sexual assault | 19 |
| as defined in paragraph (a)(1) or (a)(2) after having
| 20 |
| previously been convicted under the laws of this State or | 21 |
| any other state of an
offense that is substantially | 22 |
| equivalent to the offense of aggravated criminal
sexual | 23 |
| assault or the offense of criminal predatory sexual assault | 24 |
| shall be
sentenced to a term of natural life imprisonment. | 25 |
| The commission of the second
or subsequent offense is | 26 |
| required to have been after the initial conviction for
this | 27 |
| paragraph (3) to apply .
| 28 |
| (4) (Blank)
A second or subsequent conviction for a | 29 |
| violation of paragraph
(a)(3) or (a)(4) or under any | 30 |
| similar statute of this State
or any other state for any | 31 |
| offense involving criminal sexual assault that is
| 32 |
| substantially equivalent to or more serious than the sexual | 33 |
| assault prohibited
under paragraph (a)(3) or (a)(4) is a | 34 |
| Class X felony .
|
|
|
|
09400HB1752ham001 |
- 22 - |
LRB094 07551 RLC 45802 a |
|
| 1 |
| (5) (Blank)
When a person has any such prior | 2 |
| conviction, the information or
indictment charging that | 3 |
| person shall state such prior conviction so as to give
| 4 |
| notice of the State's intention to treat the charge as a | 5 |
| Class X felony. The
fact of such prior conviction is not an | 6 |
| element of the offense and may not be
disclosed to the jury | 7 |
| during trial unless otherwise permitted by issues
properly | 8 |
| raised during such trial .
| 9 |
| (Source: P.A. 90-396, eff. 1-1-98.)
| 10 |
| (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
| 11 |
| Sec. 12-14. Aggravated Criminal Sexual Assault.
| 12 |
| (a) The accused commits
aggravated criminal sexual assault | 13 |
| if he or she commits criminal sexual
assault and any of the | 14 |
| following aggravating circumstances existed during, or
for the | 15 |
| purposes of paragraph (7) of this subsection (a)
as part of the | 16 |
| same course of conduct as, the commission of the offense:
| 17 |
| (1) the accused displayed, threatened to use, or used a | 18 |
| dangerous
weapon, other than a firearm, or any object | 19 |
| fashioned or utilized in such a
manner as to lead the | 20 |
| victim under the circumstances reasonably to believe it
to | 21 |
| be a dangerous weapon; or
| 22 |
| (2) the accused caused bodily harm, except as provided | 23 |
| in subsection
(a)(10), to the victim; or
| 24 |
| (3) the accused acted in such a manner as to threaten | 25 |
| or endanger the
life of the victim or any other person; or
| 26 |
| (4) the criminal sexual assault was perpetrated during | 27 |
| the course of
the commission or attempted commission of any | 28 |
| other felony by the accused; or
| 29 |
| (5) the victim was 60 years of age or over when the | 30 |
| offense was committed;
or
| 31 |
| (6) the victim was a physically handicapped person; or
| 32 |
| (7) the accused delivered (by injection, inhalation, | 33 |
| ingestion, transfer
of possession, or any other means) to |
|
|
|
09400HB1752ham001 |
- 23 - |
LRB094 07551 RLC 45802 a |
|
| 1 |
| the victim without his or her consent, or
by threat or | 2 |
| deception, and for other than medical purposes, any | 3 |
| controlled
substance; or
| 4 |
| (8) the accused was armed with a firearm; or
| 5 |
| (9) the accused personally discharged a firearm during | 6 |
| the commission of
the offense; or
| 7 |
| (10) the accused, during the commission of the offense, | 8 |
| personally
discharged a firearm that proximately caused | 9 |
| great bodily harm, permanent
disability, permanent | 10 |
| disfigurement, or death to another person.
| 11 |
| (b) The accused commits aggravated criminal sexual assault | 12 |
| if
the accused was under 17 years of age and (i) commits an act | 13 |
| of
sexual penetration with a victim who was under 9 years of | 14 |
| age when the act
was committed; or (ii) commits an act of | 15 |
| sexual penetration with a victim
who was at least 9 years of | 16 |
| age but under 13 years of age when the act was
committed and | 17 |
| the accused used force or threat of force to commit the act.
| 18 |
| (c) The accused commits aggravated criminal sexual assault | 19 |
| if he or
she commits an act of sexual penetration with a victim | 20 |
| who was a severely or
profoundly mentally retarded person at | 21 |
| the
time the act was committed.
| 22 |
| (d) Sentence.
| 23 |
| (1) Aggravated criminal sexual assault is an | 24 |
| unclassified felony for which a term of natural life | 25 |
| imprisonment shall be imposed
in violation of paragraph
| 26 |
| (2), (3), (4), (5), (6), or (7) of subsection (a) or in | 27 |
| violation of
subsection (b) or
(c) is a Class X felony.
A | 28 |
| violation of subsection (a)(1) is a Class X felony for | 29 |
| which 10 years shall
be added to the term of imprisonment | 30 |
| imposed by the court. A violation of
subsection (a)(8) is a | 31 |
| Class X felony for which 15 years shall be added to the
| 32 |
| term of imprisonment imposed by the court. A violation of
| 33 |
| subsection (a)(9) is a Class X felony for which 20 years | 34 |
| shall be added to the
term of imprisonment imposed by the |
|
|
|
09400HB1752ham001 |
- 24 - |
LRB094 07551 RLC 45802 a |
|
| 1 |
| court. A violation of subsection (a)(10) is
a Class X | 2 |
| felony for which 25 years or up to a term of natural life
| 3 |
| imprisonment shall be added to
the term of imprisonment | 4 |
| imposed by the court .
| 5 |
| (2) (Blank)
A person who is convicted of a second or | 6 |
| subsequent offense of
aggravated criminal sexual assault, | 7 |
| or who is convicted of the offense of
aggravated
criminal | 8 |
| sexual assault after having previously been convicted of | 9 |
| the offense
of criminal sexual assault or the offense of | 10 |
| predatory criminal sexual assault
of a child, or who is | 11 |
| convicted of the offense of aggravated criminal sexual
| 12 |
| assault after having previously been convicted under the | 13 |
| laws of this or any
other state of an offense that is | 14 |
| substantially equivalent to the offense of
criminal sexual
| 15 |
| assault, the offense of aggravated criminal sexual assault | 16 |
| or the offense of
predatory criminal sexual assault of a | 17 |
| child, shall be sentenced to a term of
natural life | 18 |
| imprisonment.
The commission of the second or subsequent | 19 |
| offense is required to have been
after the initial | 20 |
| conviction for this paragraph (2) to apply .
| 21 |
| (Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02; 92-502, | 22 |
| eff.
12-19-01; 92-721, eff. 1-1-03.)
| 23 |
| (720 ILCS 5/12-14.1)
| 24 |
| Sec. 12-14.1. Predatory criminal sexual assault of a child.
| 25 |
| (a) The accused commits predatory criminal sexual assault | 26 |
| of a
child if:
| 27 |
| (1) the accused was 17 years of age or over and commits | 28 |
| an act of sexual
penetration with a victim who was under 13 | 29 |
| years of age when the act was
committed; or
| 30 |
| (1.1) the accused was 17 years of age or over and, | 31 |
| while armed with a
firearm, commits an act of sexual | 32 |
| penetration with a victim who was under 13
years of age | 33 |
| when the act was committed; or
|
|
|
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| (1.2) the accused was 17 years of age or over and | 2 |
| commits an act of sexual
penetration with a victim who was | 3 |
| under 13 years of age when the act was
committed and, | 4 |
| during the commission of the offense, the accused | 5 |
| personally
discharged a firearm; or
| 6 |
| (2) the accused was 17 years of age or over and commits | 7 |
| an act
of sexual
penetration with a victim who was under 13 | 8 |
| years of age when the act was
committed and the accused | 9 |
| caused great bodily harm to the victim that:
| 10 |
| (A) resulted in permanent disability; or
| 11 |
| (B) was life threatening; or
| 12 |
| (3) the accused was 17 years of age or over and commits | 13 |
| an act of
sexual penetration with a victim who was under 13 | 14 |
| years of age when the act was
committed and the accused | 15 |
| delivered (by injection, inhalation, ingestion,
transfer | 16 |
| of possession, or any other means) to the victim without | 17 |
| his or her
consent, or by threat or deception,
and for | 18 |
| other than medical
purposes, any
controlled substance.
| 19 |
| (b) Sentence.
| 20 |
| (1) A person convicted of a violation of subsection | 21 |
| (a)(1)
commits an unclassified felony for which a term of | 22 |
| natural life imprisonment shall be imposed
a Class X | 23 |
| felony.
A person convicted of a violation of subsection | 24 |
| (a)(1.1) commits a Class X
felony for which 15 years shall | 25 |
| be added to the term of imprisonment imposed by
the court. | 26 |
| A person convicted of a violation of subsection (a)(1.2) | 27 |
| commits a
Class X felony for which 20 years shall be added | 28 |
| to the term of imprisonment
imposed by the court. A person | 29 |
| convicted of a violation of subsection (a)(2)
commits a | 30 |
| Class X felony for which the person shall be sentenced to a | 31 |
| term of
imprisonment of not less than 50 years or up to a | 32 |
| term of natural life
imprisonment .
| 33 |
| (1.1) (Blank)
A person convicted of a violation of | 34 |
| subsection (a)(3) commits a
Class X felony for which the |
|
|
|
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| 1 |
| person
shall be
sentenced to a
term of imprisonment of not | 2 |
| less than 50 years and not more than 60 years .
| 3 |
| (1.2) (Blank)
A person convicted of predatory criminal | 4 |
| sexual assault of a child
committed
against 2 or more | 5 |
| persons regardless of whether the offenses occurred as the
| 6 |
| result of the same act or of several related or unrelated | 7 |
| acts shall be
sentenced to a term of natural life | 8 |
| imprisonment .
| 9 |
| (2) (Blank)
A person who is convicted of a second or | 10 |
| subsequent offense of
predatory criminal sexual assault of | 11 |
| a child, or who is convicted of the
offense of
predatory | 12 |
| criminal sexual assault of a child after having previously | 13 |
| been
convicted of the offense of criminal sexual assault or | 14 |
| the offense of
aggravated criminal sexual assault, or who | 15 |
| is convicted of the offense of
predatory criminal sexual | 16 |
| assault of a child after having previously been
convicted | 17 |
| under the laws of this State
or any other state of an | 18 |
| offense that is substantially equivalent to the
offense
of | 19 |
| predatory criminal sexual assault of a child, the offense | 20 |
| of aggravated
criminal sexual assault or the offense of | 21 |
| criminal sexual assault, shall be
sentenced to a term of | 22 |
| natural life imprisonment.
The commission of the second or | 23 |
| subsequent offense is required to have been
after the | 24 |
| initial conviction for this paragraph (2) to apply .
| 25 |
| (Source: P.A. 91-238, eff. 1-1-00;
91-404, eff. 1-1-00; 92-16, | 26 |
| eff. 6-28-01.)
| 27 |
| (720 ILCS 5/12-15) (from Ch. 38, par. 12-15)
| 28 |
| Sec. 12-15. Criminal sexual abuse.
| 29 |
| (a) The accused commits criminal sexual abuse if he or she:
| 30 |
| (1) commits an act of sexual conduct by the use of | 31 |
| force or threat of
force; or
| 32 |
| (2) commits an act of sexual conduct and the accused
| 33 |
| knew that the victim was unable to understand the nature of |
|
|
|
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|
| 1 |
| the act or
was unable to give knowing consent.
| 2 |
| (b) The accused commits criminal sexual abuse if
the | 3 |
| accused was under 17 years of age and commits an act of sexual
| 4 |
| penetration or sexual conduct with a victim who was at least 9 | 5 |
| years of age
but under 17 years of age when the act was | 6 |
| committed.
| 7 |
| (c) The accused commits criminal sexual abuse if he or she | 8 |
| commits an
act of sexual penetration or sexual conduct with a | 9 |
| victim who was at least
13 years of age but under 17 years of | 10 |
| age and the accused was less than 5
years older than the | 11 |
| victim.
| 12 |
| (d) Sentence. Criminal sexual abuse
for a violation of | 13 |
| subsection (b) or
(c) of this Section
is a Class A misdemeanor.
| 14 |
| Criminal sexual abuse for a violation of paragraph (1) or (2)
| 15 |
| of subsection (a) of this Section is an unclassified felony for | 16 |
| which a term of natural life imprisonment shall be imposed
a | 17 |
| Class 4 felony.
A second
or subsequent conviction
for a | 18 |
| violation of subsection (a) of this Section is a Class 2 | 19 |
| felony.
For purposes of this
Section it is a second or | 20 |
| subsequent conviction if
the accused has at any
time been | 21 |
| convicted under this Section or under any similar statute of | 22 |
| this
State or any other state for any offense involving sexual | 23 |
| abuse or sexual
assault that is substantially equivalent to or | 24 |
| more serious than the sexual
abuse prohibited under this | 25 |
| Section .
| 26 |
| (Source: P.A. 91-389, eff. 1-1-00.)
| 27 |
| (720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
| 28 |
| Sec. 12-16. Aggravated Criminal Sexual Abuse.
| 29 |
| (a) The accused commits aggravated criminal sexual abuse if | 30 |
| he or she
commits criminal sexual abuse as defined in | 31 |
| subsection (a) of Section 12-15
of this Code and any of the | 32 |
| following aggravating
circumstances existed during, or for the | 33 |
| purposes of paragraph (7) of this
subsection (a) as part of the |
|
|
|
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LRB094 07551 RLC 45802 a |
|
| 1 |
| same course of conduct as, the commission of
the
offense:
| 2 |
| (1) the accused displayed, threatened to use or used a | 3 |
| dangerous weapon
or any object fashioned or utilized in | 4 |
| such a manner as to lead the victim
under the circumstances | 5 |
| reasonably to believe it to be a dangerous weapon; or
| 6 |
| (2) the accused caused bodily harm to the victim; or
| 7 |
| (3) the victim was 60 years of age or over when the | 8 |
| offense was committed;
or
| 9 |
| (4) the victim was a physically handicapped person; or
| 10 |
| (5) the accused acted in such a manner as to threaten | 11 |
| or endanger the
life of the victim or any other person; or
| 12 |
| (6) the criminal sexual abuse was perpetrated during | 13 |
| the course of the
commission or attempted commission of any | 14 |
| other felony by the accused; or
| 15 |
| (7) the accused delivered (by injection, inhalation, | 16 |
| ingestion, transfer
of possession, or any other means) to | 17 |
| the victim without his or her consent, or
by threat or | 18 |
| deception,
and for other than medical
purposes, any
| 19 |
| controlled substance.
| 20 |
| (b) The accused commits aggravated criminal sexual abuse if | 21 |
| he or she
commits an act of sexual conduct with a victim who | 22 |
| was under 18
years of age when the act was committed
and the | 23 |
| accused was a family member.
| 24 |
| (c) The accused commits aggravated criminal sexual abuse | 25 |
| if:
| 26 |
| (1) the accused was 17 years of age or over and (i) | 27 |
| commits an act of
sexual
conduct with a victim who was | 28 |
| under 13 years of age when the
act was committed; or
(ii) | 29 |
| commits an act of sexual conduct with a victim who was at | 30 |
| least 13
years of age but under 17 years of age when the | 31 |
| act was committed and the
accused used force or threat of | 32 |
| force to commit the act; or
| 33 |
| (2) the accused was under 17 years of age and (i) | 34 |
| commits an act of
sexual conduct with a victim who was |
|
|
|
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LRB094 07551 RLC 45802 a |
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| 1 |
| under 9 years of age when the act was
committed; or (ii) | 2 |
| commits an act of sexual conduct with a victim who was
at | 3 |
| least 9 years of age but under 17 years of age when the act | 4 |
| was
committed and the accused used force or threat of force | 5 |
| to commit the act.
| 6 |
| (d) The accused commits aggravated criminal sexual abuse if | 7 |
| he or she
commits an act of sexual penetration or sexual | 8 |
| conduct with a victim
who was at least 13
years of age but | 9 |
| under 17 years of age and the accused was at least 5 years
| 10 |
| older than the victim.
| 11 |
| (e) The accused commits aggravated criminal sexual abuse if | 12 |
| he or she
commits an act of sexual conduct with a victim who | 13 |
| was a
severely or profoundly mentally retarded person at the | 14 |
| time the act was
committed.
| 15 |
| (f) The accused commits aggravated criminal sexual abuse if
| 16 |
| he or she commits an act of sexual conduct with a victim who | 17 |
| was at least
13 years of age but under 18 years of age when the | 18 |
| act was committed and
the accused was 17 years of age or over | 19 |
| and held a position of trust,
authority or supervision in | 20 |
| relation to the victim.
| 21 |
| (g) Sentence. Aggravated criminal sexual abuse is an | 22 |
| unclassified felony for which a term of natural life | 23 |
| imprisonment shall be imposed
a Class 2 felony .
| 24 |
| (Source: P.A. 92-434, eff. 1-1-02.)
| 25 |
| (720 ILCS 5/12-33) (from Ch. 38, par. 12-33)
| 26 |
| Sec. 12-33. Ritualized abuse of a child.
| 27 |
| (a) A person is guilty of ritualized abuse of a child when | 28 |
| he or she
commits any of the following acts with, upon, or in | 29 |
| the presence of a child
as part of a ceremony, rite or any | 30 |
| similar observance:
| 31 |
| (1) actually or in simulation, tortures, mutilates, or | 32 |
| sacrifices any
warm-blooded animal or human being;
| 33 |
| (2) forces ingestion, injection or other application |
|
|
|
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LRB094 07551 RLC 45802 a |
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| 1 |
| of any narcotic,
drug, hallucinogen or anaesthetic for the | 2 |
| purpose of dulling sensitivity,
cognition, recollection | 3 |
| of, or resistance to any criminal activity;
| 4 |
| (3) forces ingestion, or external application, of | 5 |
| human or animal
urine, feces, flesh, blood, bones, body | 6 |
| secretions, nonprescribed drugs or
chemical compounds;
| 7 |
| (4) involves the child in a mock, unauthorized or | 8 |
| unlawful marriage
ceremony with another person or | 9 |
| representation of any force or deity,
followed by sexual | 10 |
| contact with the child;
| 11 |
| (5) places a living child into a coffin or open grave | 12 |
| containing a
human corpse or remains;
| 13 |
| (6) threatens death or serious harm to a child, his or | 14 |
| her parents, family,
pets, or friends that instills a | 15 |
| well-founded fear in the child that the
threat will be | 16 |
| carried out; or
| 17 |
| (7) unlawfully dissects, mutilates, or incinerates a | 18 |
| human corpse.
| 19 |
| (b) The provisions of this Section shall not be construed | 20 |
| to apply to:
| 21 |
| (1) lawful agricultural, animal husbandry, food | 22 |
| preparation, or wild
game hunting and fishing practices and | 23 |
| specifically the branding or
identification of livestock;
| 24 |
| (2) the lawful medical practice of male circumcision or | 25 |
| any ceremony
related to male circumcision;
| 26 |
| (3) any state or federally approved, licensed, or | 27 |
| funded research project;
or
| 28 |
| (4) the ingestion of animal flesh or blood in the | 29 |
| performance of a
religious service or ceremony.
| 30 |
| (c) Ritualized abuse of a child is an unclassified felony | 31 |
| for which a term of natural life imprisonment shall be imposed
| 32 |
| a Class 1 felony for a first
offense. A second or subsequent | 33 |
| conviction for ritualized abuse of a child
is a Class X felony | 34 |
| for which the offender may be sentenced to a term of
natural |
|
|
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LRB094 07551 RLC 45802 a |
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| 1 |
| life imprisonment .
| 2 |
| (d) For the purposes of this Section, "child" means any | 3 |
| person under 18
years of age.
| 4 |
| (Source: P.A. 90-88, eff. 1-1-98.)".
|
|