Full Text of HB3284 97th General Assembly
HB3284eng 97TH GENERAL ASSEMBLY |
| | HB3284 Engrossed | | LRB097 08254 RLC 48380 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by changing | 5 | | Section 11-6 as follows:
| 6 | | (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
| 7 | | Sec. 11-6. Indecent solicitation of a child.
| 8 | | (a) A person of the age of 17 years and upwards commits the | 9 | | offense of
indecent solicitation of a child if the person, with | 10 | | the intent that the
offense of aggravated criminal sexual | 11 | | assault, criminal sexual assault,
predatory criminal sexual | 12 | | assault of a child, or aggravated criminal sexual
abuse be | 13 | | committed, knowingly solicits a child or one whom he or she | 14 | | believes
to be a child to perform an act of sexual penetration | 15 | | or sexual conduct as
defined in Section 12-12 of this Code.
| 16 | | (a-5) A person of the age of 17 years and upwards commits | 17 | | the offense of
indecent solicitation of a child if the person | 18 | | knowingly discusses an act of sexual conduct or sexual | 19 | | penetration with a child or with one whom he or she believes
to | 20 | | be a child by means of the Internet with the intent that the | 21 | | offense of aggravated criminal sexual assault, predatory | 22 | | criminal sexual assault of a child, or aggravated criminal | 23 | | sexual abuse be committed. |
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| 1 | | (a-6) It is not a defense to subsection (a-5) that the | 2 | | person did not solicit the child to perform sexual conduct or | 3 | | sexual penetration with the person.
| 4 | | (a-7) A person of the age of 17 years and upwards commits | 5 | | the offense of
indecent solicitation of a child if the person | 6 | | knowingly uses a computer on-line service, Internet service, | 7 | | local bulletin board service, or any other device capable of | 8 | | electronic data storage or transmission to violate subsection | 9 | | (a) of this Section and misrepresents his or her age to the | 10 | | child or one whom he or she believes
to be a child. | 11 | | (b) Definitions. As used in this Section:
| 12 | | "Solicit" means to command, authorize, urge, incite, | 13 | | request, or
advise another to perform an act by any means | 14 | | including, but not limited to, in
person, over the phone, | 15 | | in writing, by computer, or by advertisement of any
kind.
| 16 | | "Computer", "on-line", and "Internet" have the | 17 | | meanings ascribed to them in Section 16J-5 of this Code.
| 18 | | "Child" means a person under 17 years of age.
| 19 | | "Internet" means an interactive computer service or | 20 | | system or an
information service, system, or access | 21 | | software provider that provides or
enables computer access | 22 | | by multiple users to a computer server, and includes,
but | 23 | | is not limited to, an information service, system, or | 24 | | access software
provider that provides access to a network | 25 | | system commonly known as the
Internet, or any comparable | 26 | | system or service and also includes, but is not
limited to, |
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| 1 | | a World Wide Web page, newsgroup, message board, mailing | 2 | | list, or
chat area on any interactive computer service or | 3 | | system or other online
service.
| 4 | | "Sexual penetration" or "sexual conduct" are defined | 5 | | in Section 12-12 of this Code.
| 6 | | (c) Sentence. (1) Indecent solicitation of a child under | 7 | | subsection (a) is:
| 8 | | (A) (1) a Class 1 felony when the act, if done, would | 9 | | be predatory criminal
sexual assault of a child or | 10 | | aggravated criminal sexual assault;
| 11 | | (B) (2) a Class 2 felony when the act, if done, would | 12 | | be criminal sexual
assault;
| 13 | | (C) (3) a Class 3 felony when the act, if done, would | 14 | | be aggravated criminal
sexual abuse.
| 15 | | Indecent solicitation of a child under subsection (a-5) is | 16 | | a Class 4 felony.
| 17 | | (2) Indecent solicitation of a child under subsection (a-7) | 18 | | is: | 19 | | (A) a Class X felony when the act, if done, would be | 20 | | predatory criminal
sexual assault of a child or aggravated | 21 | | criminal sexual assault; | 22 | | (B) a Class 1 felony when the act, if done, would be | 23 | | criminal sexual
assault; | 24 | | (C) a Class 2 felony when the act, if done, would be | 25 | | aggravated criminal
sexual abuse. | 26 | | (Source: P.A. 95-143, eff. 1-1-08.)
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