Full Text of SB2567 102nd General Assembly
SB2567eng 102ND GENERAL ASSEMBLY |
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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 Abused and Neglected Child Reporting Act is | 5 | | amended by changing Section 3 as follows: | 6 | | (325 ILCS 5/3) (from Ch. 23, par. 2053) | 7 | | Sec. 3. As used in this Act unless the context otherwise | 8 | | requires: | 9 | | "Adult resident" means any person between 18 and 22 years | 10 | | of age who resides in any facility licensed by the Department | 11 | | under the Child Care Act of 1969. For purposes of this Act, the | 12 | | criteria set forth in the definitions of "abused child" and | 13 | | "neglected child" shall be used in determining whether an | 14 | | adult resident is abused or neglected. | 15 | | "Agency" means a child care facility licensed under | 16 | | Section 2.05 or Section 2.06 of the Child Care Act of 1969 and | 17 | | includes a transitional living program that accepts children | 18 | | and adult residents for placement who are in the guardianship | 19 | | of the Department. | 20 | | "Blatant disregard" means an incident where the real, | 21 | | significant, and imminent risk of harm would be so obvious to a | 22 | | reasonable parent or caretaker that it is unlikely that a | 23 | | reasonable parent or caretaker would have exposed the child to |
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| 1 | | the danger without exercising precautionary measures to | 2 | | protect the child from harm. With respect to a person working | 3 | | at an agency in his or her professional capacity with a child | 4 | | or adult resident, "blatant disregard" includes a failure by | 5 | | the person to perform job responsibilities intended to protect | 6 | | the child's or adult resident's health, physical well-being, | 7 | | or welfare, and, when viewed in light of the surrounding | 8 | | circumstances, evidence exists that would cause a reasonable | 9 | | person to believe that the child was neglected. With respect | 10 | | to an agency, "blatant disregard" includes a failure to | 11 | | implement practices that ensure the health, physical | 12 | | well-being, or welfare of the children and adult residents | 13 | | residing in the facility. | 14 | | "Child" means any person under the age of 18 years, unless | 15 | | legally
emancipated by reason of marriage or entry into a | 16 | | branch of the United
States armed services. | 17 | | "Department" means Department of Children and Family | 18 | | Services. | 19 | | "Local law enforcement agency" means the police of a city, | 20 | | town,
village or other incorporated area or the sheriff of an | 21 | | unincorporated
area or any sworn officer of the Illinois | 22 | | Department of State Police. | 23 | | "Abused child"
means a child whose parent or immediate | 24 | | family
member,
or any person responsible for the child's | 25 | | welfare, or any individual
residing in the same home as the | 26 | | child, or a paramour of the child's parent: |
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| 1 | | (a) inflicts, causes to be inflicted, or allows to be
| 2 | | inflicted upon
such child physical injury, by other than | 3 | | accidental means, which causes
death, disfigurement, | 4 | | impairment of physical or
emotional health, or loss or | 5 | | impairment of any bodily function; | 6 | | (b) creates a substantial risk of physical injury to | 7 | | such
child by
other than accidental means which would be | 8 | | likely to cause death,
disfigurement, impairment of | 9 | | physical or emotional health, or loss or
impairment of any | 10 | | bodily function; | 11 | | (c) commits or allows to be committed any sex offense | 12 | | against
such child,
as such sex offenses are defined in | 13 | | the Criminal Code of 2012 or in the Wrongs to Children Act,
| 14 | | and extending those definitions of sex offenses to include | 15 | | children under
18 years of age; | 16 | | (d) commits or allows to be committed an act or acts of
| 17 | | torture upon
such child; | 18 | | (e) inflicts excessive corporal punishment or, in the | 19 | | case of a person working for an agency who is prohibited | 20 | | from using corporal punishment, inflicts corporal | 21 | | punishment upon a child or adult resident with whom the | 22 | | person is working in his or her professional capacity; | 23 | | (f) commits or allows to be committed
the offense of
| 24 | | female
genital mutilation, as defined in Section 12-34 of | 25 | | the Criminal Code of
2012, against the child; | 26 | | (g) causes to be sold, transferred, distributed, or |
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| 1 | | given to
such child
under 18 years of age, a controlled | 2 | | substance as defined in Section 102 of the
Illinois | 3 | | Controlled Substances Act in violation of Article IV of | 4 | | the Illinois
Controlled Substances Act or in violation of | 5 | | the Methamphetamine Control and Community Protection Act, | 6 | | except for controlled substances that are prescribed
in | 7 | | accordance with Article III of the Illinois Controlled | 8 | | Substances Act and
are dispensed to such child in a manner | 9 | | that substantially complies with the
prescription; or | 10 | | (h) commits or allows to be committed the offense of | 11 | | involuntary servitude, involuntary sexual servitude of a | 12 | | minor, or trafficking in persons as defined in Section | 13 | | 10-9 of the Criminal Code of 2012 against the child. | 14 | | A child shall not be considered abused for the sole reason | 15 | | that the child
has been relinquished in accordance with the | 16 | | Abandoned Newborn Infant
Protection Act. | 17 | | "Neglected child" means any child who is not receiving the | 18 | | proper or
necessary nourishment or medically indicated | 19 | | treatment including food or care
not provided solely on the | 20 | | basis of the present or anticipated mental or
physical | 21 | | impairment as determined by a physician acting alone or in
| 22 | | consultation with other physicians or otherwise is not | 23 | | receiving the proper or
necessary support or medical or other | 24 | | remedial care recognized under State law
as necessary for a | 25 | | child's well-being, or other care necessary for his or her
| 26 | | well-being, including adequate food, clothing and shelter; or |
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| 1 | | who is subjected to an environment which is injurious insofar | 2 | | as (i) the child's environment creates a likelihood of harm to | 3 | | the child's health, physical well-being, or welfare and (ii) | 4 | | the likely harm to the child is the result of a blatant | 5 | | disregard of parent, caretaker, person responsible for the | 6 | | child's welfare, or agency responsibilities; or who is | 7 | | abandoned
by his or her parents or other person responsible | 8 | | for the child's welfare
without a proper plan of care; or who | 9 | | has been provided with interim crisis intervention services | 10 | | under
Section 3-5 of
the Juvenile Court Act of 1987 and whose | 11 | | parent, guardian, or custodian refuses to
permit
the child to | 12 | | return home and no other living arrangement agreeable
to the | 13 | | parent, guardian, or custodian can be made, and the parent, | 14 | | guardian, or custodian has not made any other appropriate | 15 | | living arrangement for the child; or who is a newborn infant | 16 | | whose blood, urine,
or meconium
contains any amount of a | 17 | | controlled substance as defined in subsection (f) of
Section | 18 | | 102 of the Illinois Controlled Substances Act or a metabolite | 19 | | thereof,
with the exception of a controlled substance or | 20 | | metabolite thereof whose
presence in the newborn infant is the | 21 | | result of medical treatment administered
to the mother or the | 22 | | newborn infant. A child shall not be considered neglected
for | 23 | | the sole reason that the child's parent or other person | 24 | | responsible for his
or her welfare has left the child in the | 25 | | care of an adult relative for any
period of time. A child shall | 26 | | not be considered neglected for the sole reason
that the child |
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| 1 | | has been relinquished in accordance with the Abandoned Newborn
| 2 | | Infant Protection Act. A child shall not be considered | 3 | | neglected or abused
for the
sole reason that such child's | 4 | | parent or other person responsible for his or her
welfare | 5 | | depends upon spiritual means through prayer alone for the | 6 | | treatment or
cure of disease or remedial care as provided | 7 | | under Section 4 of this Act. A
child shall not be considered | 8 | | neglected or abused solely because the child is
not attending | 9 | | school in accordance with the requirements of Article 26 of | 10 | | The
School Code, as amended. | 11 | | "Child Protective Service Unit" means certain specialized | 12 | | State employees of
the Department assigned by the Director to | 13 | | perform the duties and
responsibilities as provided under | 14 | | Section 7.2 of this Act. | 15 | | "Near fatality" means an act that, as certified by a | 16 | | physician, places the child in serious or critical condition, | 17 | | including acts of great bodily harm inflicted upon children | 18 | | under 13 years of age, and as otherwise defined by Department | 19 | | rule. | 20 | | "Great bodily harm" includes bodily injury which creates a | 21 | | high probability of death, or which causes serious permanent | 22 | | disfigurement, or which causes a permanent or protracted loss | 23 | | or impairment of the function of any bodily member or organ, or | 24 | | other serious bodily harm. | 25 | | "Person responsible for the child's welfare" means the | 26 | | child's parent;
guardian; foster parent; relative caregiver; |
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| 1 | | any person responsible for the
child's welfare in a public or | 2 | | private residential agency or institution; any
person | 3 | | responsible for the child's welfare within a public or private | 4 | | profit or
not for profit child care facility; or any other | 5 | | person responsible for the
child's welfare at the time of the | 6 | | alleged abuse or neglect, including any person who commits or | 7 | | allows to be committed, that is the custodian of a child under | 8 | | 18 years of age who commits or allows to be committed, against | 9 | | the child, the offense of involuntary servitude, involuntary | 10 | | sexual servitude of a minor, or trafficking in persons for | 11 | | forced labor or services, as provided in Section 10-9 of the | 12 | | Criminal Code of 2012, including but not limited to the | 13 | | custodian of the minor, or any person who
came to know the | 14 | | child through an official capacity or position of trust,
| 15 | | including but not limited to health care professionals, | 16 | | educational personnel,
recreational supervisors, members of | 17 | | the clergy, and volunteers or
support personnel in any setting
| 18 | | where children may be subject to abuse or neglect. | 19 | | "Temporary protective custody" means custody within a | 20 | | hospital or
other medical facility or a place previously | 21 | | designated for such custody
by the Department, subject to | 22 | | review by the Court, including a licensed
foster home, group | 23 | | home, or other institution; but such place shall not
be a jail | 24 | | or other place for the detention of criminal or juvenile | 25 | | offenders. | 26 | | "An unfounded report" means any report made under this Act |
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| 1 | | for which
it is determined after an investigation that no | 2 | | credible evidence of
abuse or neglect exists. | 3 | | "An indicated report" means a report made under this Act | 4 | | if an
investigation determines that credible evidence of the | 5 | | alleged
abuse or neglect exists. | 6 | | "An undetermined report" means any report made under this | 7 | | Act in
which it was not possible to initiate or complete an | 8 | | investigation on
the basis of information provided to the | 9 | | Department. | 10 | | "Subject of report" means any child reported to the | 11 | | central register
of child abuse and neglect established under | 12 | | Section 7.7 of this Act as an alleged victim of child abuse or | 13 | | neglect and
the parent or guardian of the alleged victim or | 14 | | other person responsible for the alleged victim's welfare who | 15 | | is named in the report or added to the report as an alleged | 16 | | perpetrator of child abuse or neglect. | 17 | | "Perpetrator" means a person who, as a result of | 18 | | investigation, has
been determined by the Department to have | 19 | | caused child abuse or neglect. | 20 | | "Member of the clergy" means a clergyman or practitioner | 21 | | of any religious
denomination accredited by the religious body | 22 | | to which he or she belongs. | 23 | | (Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19 .) | 24 | | Section 10. The Criminal Code of 2012 is amended by | 25 | | changing Sections 11-0.1, 11-1.60, 11-20.1, 11-1.70, and 26-4 |
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| 1 | | as follows: | 2 | | (720 ILCS 5/11-0.1) | 3 | | Sec. 11-0.1. Definitions. In this Article, unless the | 4 | | context clearly requires otherwise, the following terms are | 5 | | defined as indicated: | 6 | | "Accused" means a person accused of an offense prohibited | 7 | | by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of | 8 | | this Code or a person for whose conduct the accused is legally | 9 | | responsible under Article 5 of this Code. | 10 | | "Adult obscenity or child pornography Internet site". See | 11 | | Section 11-23. | 12 | | "Advance prostitution" means: | 13 | | (1) Soliciting for a prostitute by performing any of | 14 | | the following acts when acting other than as a prostitute | 15 | | or a patron of a prostitute: | 16 | | (A) Soliciting another for the purpose of | 17 | | prostitution. | 18 | | (B) Arranging or offering to arrange a meeting of | 19 | | persons for the purpose of prostitution. | 20 | | (C) Directing another to a place knowing the | 21 | | direction is for the purpose of prostitution. | 22 | | (2) Keeping a place of prostitution by controlling or | 23 | | exercising control over the use of any place that could | 24 | | offer seclusion or shelter for the practice of | 25 | | prostitution and performing any of the following acts when |
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| 1 | | acting other than as a prostitute or a patron of a | 2 | | prostitute: | 3 | | (A) Knowingly granting or permitting the use of | 4 | | the place for the purpose of prostitution. | 5 | | (B) Granting or permitting the use of the place | 6 | | under circumstances from which he or she could | 7 | | reasonably know that the place is used or is to be used | 8 | | for purposes of prostitution. | 9 | | (C) Permitting the continued use of the place | 10 | | after becoming aware of facts or circumstances from | 11 | | which he or she should reasonably know that the place | 12 | | is being used for purposes of prostitution. | 13 | | "Agency". See Section 11-9.5. | 14 | | "Arranges". See Section 11-6.5. | 15 | | "Bodily harm" means physical harm, and includes, but is | 16 | | not limited to, sexually transmitted disease, pregnancy, and | 17 | | impotence. | 18 | | "Care and custody". See Section 11-9.5. | 19 | | "Child care institution". See Section 11-9.3. | 20 | | "Child pornography". See Section 11-20.1. | 21 | | "Child sex offender". See Section 11-9.3. | 22 | | "Community agency". See Section 11-9.5. | 23 | | "Conditional release". See Section 11-9.2. | 24 | | "Consent" means a freely given agreement to the act of | 25 | | sexual penetration or sexual conduct in question. Lack of | 26 | | verbal or physical resistance or submission by the victim |
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| 1 | | resulting from the use of force or threat of force by the | 2 | | accused shall not constitute consent. The manner of dress of | 3 | | the victim at the time of the offense shall not constitute | 4 | | consent . See Section 11-1.70. | 5 | | "Custody". See Section 11-9.2. | 6 | | "Day care center". See Section 11-9.3. | 7 | | "Depict by computer". See Section 11-20.1. | 8 | | "Depiction by computer". See Section 11-20.1. | 9 | | "Disseminate". See Section 11-20.1. | 10 | | "Distribute". See Section 11-21. | 11 | | "Family member" means a parent, grandparent, child, aunt, | 12 | | uncle, great-aunt, or great-uncle, whether by whole blood, | 13 | | half-blood, or adoption, and includes a step-grandparent, | 14 | | step-parent, or step-child. "Family member" also means, if the | 15 | | victim is a child under 18 years of age, an accused who has | 16 | | resided in the household with the child continuously for at | 17 | | least 6 months. | 18 | | "Force or threat of force" means the use of force or | 19 | | violence or the threat of force or violence, including, but | 20 | | not limited to, the following situations: | 21 | | (1) when the accused threatens to use force or | 22 | | violence on the victim or on any other person, and the | 23 | | victim under the circumstances reasonably believes that | 24 | | the accused has the ability to execute that threat; or | 25 | | (2) when the accused overcomes the victim by use of | 26 | | superior strength or size, physical restraint, or physical |
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| 1 | | confinement. | 2 | | "Harmful to minors". See Section 11-21. | 3 | | "Loiter". See Section 9.3. | 4 | | "Material". See Section 11-21. | 5 | | "Minor". See Section 11-21. | 6 | | "Nudity". See Section 11-21. | 7 | | "Obscene". See Section 11-20. | 8 | | "Part day child care facility". See Section 11-9.3. | 9 | | "Penal system". See Section 11-9.2. | 10 | | "Person responsible for the child's welfare". See Section | 11 | | 11-9.1A. | 12 | | "Person with a disability". See Section 11-9.5. | 13 | | "Playground". See Section 11-9.3. | 14 | | "Probation officer". See Section 11-9.2. | 15 | | "Produce". See Section 11-20.1. | 16 | | "Profit from prostitution" means, when acting other than | 17 | | as a prostitute, to receive anything of value for personally | 18 | | rendered prostitution services or to receive anything of value | 19 | | from a prostitute, if the thing received is not for lawful | 20 | | consideration and the person knows it was earned in whole or in | 21 | | part from the practice of prostitution. | 22 | | "Public park". See Section 11-9.3. | 23 | | "Public place". See Section 11-30. | 24 | | "Reproduce". See Section 11-20.1. | 25 | | "Sado-masochistic abuse". See Section 11-21. | 26 | | "School". See Section 11-9.3. |
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| 1 | | "School official". See Section 11-9.3. | 2 | | "Sexual abuse". See Section 11-9.1A. | 3 | | "Sexual act". See Section 11-9.1. | 4 | | "Sexual conduct" means any knowing touching or fondling by | 5 | | the victim or the accused, either directly or through | 6 | | clothing, of the sex organs, anus, or breast of the victim or | 7 | | the accused, or any part of the body of a child under 13 years | 8 | | of age, or any transfer or transmission of semen by the accused | 9 | | upon any part of the clothed or unclothed body of the victim, | 10 | | for the purpose of sexual gratification or arousal of the | 11 | | victim or the accused. | 12 | | "Sexual excitement". See Section 11-21. | 13 | | "Sexual penetration" means any contact, however slight, | 14 | | between the sex organ or anus of one person and an object or | 15 | | the sex organ, mouth, or anus of another person, or any | 16 | | intrusion, however slight, of any part of the body of one | 17 | | person or of any animal or object into the sex organ or anus of | 18 | | another person, including, but not limited to, cunnilingus, | 19 | | fellatio, or anal penetration. Evidence of emission of semen | 20 | | is not required to prove sexual penetration. | 21 | | "Solicit". See Section 11-6. | 22 | | "State-operated facility". See Section 11-9.5. | 23 | | "Supervising officer". See Section 11-9.2. | 24 | | "Surveillance agent". See Section 11-9.2. | 25 | | "Treatment and detention facility". See Section 11-9.2. | 26 | | "Unable to give knowing consent" includes when the accused |
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| 1 | | administers any intoxicating or anesthetic substance, or any | 2 | | controlled substance causing the victim to become unconscious | 3 | | of the nature of the act and this condition was known, or | 4 | | reasonably should have been known by the accused. As used in | 5 | | this paragraph, "unconscious of the nature of the act" means | 6 | | incapable of resisting because the victim meets any one of the | 7 | | following conditions: | 8 | | (1) was unconscious or asleep; | 9 | | (2) was not aware, knowing, perceiving, or cognizant | 10 | | that the act occurred; | 11 | | (3) was not aware, knowing, perceiving, or cognizant | 12 | | of the essential characteristics of the act due to the | 13 | | perpetrator's fraud in fact; or | 14 | | (4) was not aware, knowing, perceiving, or cognizant | 15 | | of the essential characteristics of the act due to the | 16 | | perpetrator's fraudulent representation that the sexual | 17 | | penetration served a professional purpose when it served | 18 | | no professional purpose. | 19 | | A victim is presumed "unable to give knowing consent" when | 20 | | the victim: | 21 | | (1) is committed to the care and custody or | 22 | | supervision of the Illinois Department of Corrections | 23 | | (IDOC) and the accused is an employee or volunteer who is | 24 | | not married to the victim who knows or reasonably should | 25 | | know that the victim is committed to the care and custody | 26 | | or supervision of such department; |
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| 1 | | (2) is committed to or placed with the Department of | 2 | | Children and Family Services (DCFS) and in residential | 3 | | care, and the accused employee is not married to the | 4 | | victim, and knows or reasonably should know that the | 5 | | victim is committed to or placed with DCFS and in | 6 | | residential care; | 7 | | (3) is a client or patient and the accused is a health | 8 | | care provider or mental health care provider and the | 9 | | sexual conduct or sexual penetration occurs during a | 10 | | treatment session, consultation, interview, or | 11 | | examination; | 12 | | (4) is a resident or inpatient of a residential | 13 | | facility and the accused is an employee of the facility | 14 | | who is not married to such resident or inpatient who | 15 | | provides direct care services, case management services, | 16 | | medical or other clinical services, habilitative services | 17 | | or direct supervision of the residents in the facility in | 18 | | which the resident resides; or an officer or other | 19 | | employee, consultant, contractor or volunteer of the | 20 | | residential facility, who knows or reasonably should know | 21 | | that the person is a resident of such facility; or | 22 | | (5) is detained or otherwise in the custody of a | 23 | | police officer, peace officer, or other law enforcement | 24 | | official who: (i) is detaining or maintaining custody of | 25 | | such person; or (ii) knows, or reasonably should know, | 26 | | that at the time of the offense, such person was detained |
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| 1 | | or in custody and the police officer, peace officer, or | 2 | | other law enforcement official is not married to such | 3 | | detainee. | 4 | | "Victim" means a person alleging to have been subjected to | 5 | | an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, | 6 | | 11-1.50, or 11-1.60 of this Code.
| 7 | | (Source: P.A. 96-1551, eff. 7-1-11 .)
| 8 | | (720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
| 9 | | Sec. 11-1.60. Aggravated criminal sexual abuse.
| 10 | | (a) A person commits aggravated criminal sexual abuse if | 11 | | that person commits criminal sexual abuse and any of the | 12 | | following aggravating circumstances exist (i) during the | 13 | | commission of the offense or (ii) for purposes of paragraph | 14 | | (7), as part of the same course of conduct as the commission of | 15 | | the offense: | 16 | | (1) the person displays, threatens to use, or uses a | 17 | | dangerous weapon or any other object fashioned or used in | 18 | | a manner that leads the victim, under the circumstances, | 19 | | reasonably to believe that the object is a dangerous | 20 | | weapon; | 21 | | (2) the person causes bodily harm to the victim; | 22 | | (3) the victim is 60 years of age or older; | 23 | | (4) the victim is a person with a physical disability; | 24 | | (5) the person acts in a manner that threatens or | 25 | | endangers the life of the victim or any other person; |
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| 1 | | (6) the person commits the criminal sexual abuse | 2 | | during the course of committing or attempting to commit | 3 | | any other felony; or | 4 | | (7) the person delivers (by injection, inhalation, | 5 | | ingestion, transfer of possession, or any other means) any | 6 | | controlled substance to the victim for other than medical | 7 | | purposes without the victim's consent or by threat or | 8 | | deception.
| 9 | | (b) A person commits aggravated criminal sexual abuse if | 10 | | that person
commits an act of sexual conduct with a victim who | 11 | | is under 18
years of age
and the person is a family member.
| 12 | | (c) A person commits aggravated criminal sexual abuse if:
| 13 | | (1) that person is 17 years of age or over and: (i) | 14 | | commits an act of
sexual
conduct with a victim who is under | 15 | | 13 years of age; or
(ii) commits an act of sexual conduct | 16 | | with a victim who is at least 13
years of age but under 17 | 17 | | years of age and the
person uses force or threat of force | 18 | | to commit the act; or
| 19 | | (2) that person is under 17 years of age and: (i) | 20 | | commits an act of
sexual conduct with a victim who is under | 21 | | 9 years of age; or (ii) commits an act of sexual conduct | 22 | | with a victim who is
at least 9 years of age but under 17 | 23 | | years of age and the person uses force or threat of force | 24 | | to commit the act.
| 25 | | (d) A person commits aggravated criminal sexual abuse if | 26 | | that person
commits an act of sexual penetration or sexual |
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| 1 | | conduct with a victim
who is at least 13
years of age but under | 2 | | 17 years of age and the person is at least 5 years
older than | 3 | | the victim.
| 4 | | (e) A person commits aggravated criminal sexual abuse if | 5 | | that person
commits an act of sexual conduct with a victim who | 6 | | is a
person with a severe or profound intellectual disability.
| 7 | | (f) A person commits aggravated criminal sexual abuse if
| 8 | | that person commits an act of sexual conduct with a victim who | 9 | | is at least
13 years of age but under 18 years of age and
the | 10 | | person is 17 years of age or over and holds a position of | 11 | | trust,
authority, or supervision in relation to the victim.
| 12 | | (g) Sentence. Aggravated criminal sexual abuse for a | 13 | | violation of subsection (a), (b), (c), (d) or (e) of this | 14 | | Section is a Class 2 felony. Aggravated criminal sexual abuse | 15 | | for a violation of subsection (f) of this Section is a Class 1 | 16 | | felony. Aggravated criminal sexual abuse is a Class 2 felony.
| 17 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 18 | | (720 ILCS 5/11-1.70) (was 720 ILCS 5/12-17)
| 19 | | Sec. 11-1.70. Defenses with respect to offenses described | 20 | | in Sections 11-1.20 through 11-1.60.
| 21 | | (a) It shall be a defense to any offense under Section | 22 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code | 23 | | where force or threat of force is an element of the
offense | 24 | | that the victim consented. "Consent" means a freely given
| 25 | | agreement to the act of sexual penetration or sexual conduct |
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| 1 | | in question.
Lack of verbal or physical resistance or | 2 | | submission by the victim resulting
from the use of force or | 3 | | threat of force by the accused shall not
constitute consent. | 4 | | The manner of dress of the victim at the time of the
offense | 5 | | shall not constitute consent.
| 6 | | (b) It shall be a defense under subsection (b) and | 7 | | subsection (c) of
Section 11-1.50 and subsection (d) of | 8 | | Section 11-1.60 of this Code that the
accused reasonably | 9 | | believed the person to be 17 years of age or over.
| 10 | | (c) A person who initially consents to sexual penetration | 11 | | or sexual
conduct
is not deemed to have consented to any sexual | 12 | | penetration or sexual
conduct that occurs after he or she | 13 | | withdraws consent during the course of
that sexual penetration | 14 | | or sexual conduct.
| 15 | | (Source: P.A. 96-1551, eff. 7-1-11 .)
| 16 | | (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
| 17 | | Sec. 11-20.1. Child pornography.
| 18 | | (a) A person commits child pornography who:
| 19 | | (1) films, videotapes, photographs, or otherwise | 20 | | depicts or portrays by
means of any similar visual medium | 21 | | or reproduction or depicts by computer any
child whom he | 22 | | or she knows or reasonably should know to be under the age | 23 | | of 18 or any
person with a severe or profound intellectual | 24 | | disability where such child or person with a severe or | 25 | | profound intellectual disability is:
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| 1 | | (i) actually or by simulation engaged in any act | 2 | | of sexual
penetration or sexual conduct
with any | 3 | | person or animal; or
| 4 | | (ii) actually or by simulation engaged in any act | 5 | | of sexual
penetration or sexual conduct
involving the | 6 | | sex organs of the child or person with a severe or | 7 | | profound intellectual disability and the mouth, anus, | 8 | | or sex organs of
another person or animal; or which | 9 | | involves the mouth, anus or sex organs
of the child or | 10 | | person with a severe or profound intellectual | 11 | | disability and the sex organs of another person or | 12 | | animal; or
| 13 | | (iii) actually or by simulation engaged in any act | 14 | | of masturbation; or
| 15 | | (iv) actually or by simulation portrayed as being | 16 | | the object of, or
otherwise engaged in, any act of lewd | 17 | | fondling, touching, or caressing
involving another | 18 | | person or animal; or
| 19 | | (v) actually or by simulation engaged in any act | 20 | | of excretion or
urination within a sexual context; or
| 21 | | (vi) actually or by simulation portrayed or | 22 | | depicted as bound, fettered,
or subject to sadistic, | 23 | | masochistic, or sadomasochistic abuse in any sexual
| 24 | | context; or
| 25 | | (vii) depicted or portrayed in any pose, posture | 26 | | or setting involving
a lewd exhibition of the |
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| 1 | | unclothed or transparently clothed genitals, pubic | 2 | | area, buttocks, or, if
such person is female, a fully | 3 | | or partially developed breast of the child
or other | 4 | | person; or
| 5 | | (2) with the knowledge of the nature or content | 6 | | thereof, reproduces,
disseminates, offers to disseminate, | 7 | | exhibits or possesses with intent to
disseminate any film, | 8 | | videotape, photograph or other similar visual
reproduction | 9 | | or depiction by computer of any child or person with a | 10 | | severe or profound intellectual disability whom the person | 11 | | knows or reasonably should know to be
under the age of 18 | 12 | | or to be a person with a severe or profound intellectual | 13 | | disability,
engaged in any activity described in | 14 | | subparagraphs (i) through (vii) of
paragraph (1) of this | 15 | | 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 | 19 | | by computer which
includes a child whom the person knows | 20 | | or reasonably should
know to be under the age of 18 or a | 21 | | person with a severe or profound intellectual disability | 22 | | engaged in any activity described in
subparagraphs (i) | 23 | | through (vii) of paragraph (1) of this subsection; or
| 24 | | (4) solicits, uses, persuades, induces, entices, or | 25 | | coerces any child
whom he or she knows or reasonably | 26 | | should know to be under
the age of 18 or a person with a |
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| 1 | | severe or profound intellectual disability to appear in | 2 | | any stage play, live presentation, film,
videotape, | 3 | | photograph or other similar visual reproduction or | 4 | | depiction
by computer in which the
child or person with a | 5 | | severe or profound intellectual disability
is or will be | 6 | | depicted, actually or by simulation, in any act, pose or
| 7 | | setting described in subparagraphs (i) through (vii) of | 8 | | paragraph (1) of
this subsection; or
| 9 | | (5) is a parent, step-parent, legal guardian or other | 10 | | person having
care or custody
of a child whom the person | 11 | | knows or reasonably should know to be under
the age of 18 | 12 | | or a person with a severe or profound intellectual | 13 | | disability and who knowingly permits, induces, promotes, | 14 | | or arranges
for such child or person with a severe or | 15 | | profound intellectual disability to appear in any stage | 16 | | play, live performance, film, videotape,
photograph or | 17 | | other similar visual presentation, portrayal or simulation | 18 | | or
depiction by computer of any act or activity described | 19 | | in subparagraphs (i)
through (vii) of paragraph (1) of | 20 | | this subsection; or
| 21 | | (6) with knowledge of the nature or content thereof, | 22 | | possesses any film,
videotape, photograph or other similar | 23 | | visual reproduction or depiction by
computer of any child | 24 | | or person with a severe or profound intellectual | 25 | | disability
whom the person knows or reasonably should know | 26 | | to be under the age of 18
or to be a person with a severe |
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| 1 | | or profound intellectual disability, engaged in any | 2 | | activity described in subparagraphs (i) through
(vii) of | 3 | | paragraph (1) of this subsection; or
| 4 | | (7) solicits, or knowingly uses, persuades, induces, | 5 | | entices, or coerces, a person
to provide a child under the | 6 | | age of 18 or a person with a severe or profound | 7 | | intellectual disability to appear in any videotape, | 8 | | photograph, film, stage play, live
presentation, or other | 9 | | similar visual reproduction or depiction by computer
in | 10 | | which the child or person with a severe or profound | 11 | | intellectual disability will be
depicted, actually or by | 12 | | simulation, in any act, pose, or setting described in
| 13 | | subparagraphs (i) through (vii) of paragraph (1) of this | 14 | | subsection.
| 15 | | (a-5) The possession of each individual film, videotape, | 16 | | photograph, or other similar visual reproduction or depiction | 17 | | by computer in violation of this Section constitutes a single | 18 | | and separate violation. This subsection (a-5) does not apply | 19 | | to multiple copies of the same film, videotape, photograph, or | 20 | | other similar visual reproduction or depiction by computer | 21 | | that are identical to each other.
| 22 | | (b)(1) It shall be an affirmative defense to a charge of | 23 | | child
pornography that the defendant reasonably believed, | 24 | | under all of the
circumstances, that the child was 18 years of | 25 | | age or older or that the
person was not a person with a severe | 26 | | or profound intellectual disability but only where, prior to |
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| 1 | | the act or acts giving rise to a
prosecution under this | 2 | | Section, he or she took some affirmative action or made a
| 3 | | bonafide inquiry designed to ascertain whether the child was | 4 | | 18 years of
age or older or that the person was not a person | 5 | | with a severe or profound intellectual disability and his or | 6 | | her reliance upon the information
so obtained was clearly | 7 | | reasonable.
| 8 | | (1.5) Telecommunications carriers, commercial mobile | 9 | | service providers, and providers of information services, | 10 | | including, but not limited to, Internet service providers and | 11 | | hosting service providers, are not liable under this Section | 12 | | by virtue of the transmission, storage, or caching of | 13 | | electronic communications or messages of others or by virtue | 14 | | of the provision of other related telecommunications, | 15 | | commercial mobile services, or information services used by | 16 | | others in violation of this Section.
| 17 | | (2) (Blank).
| 18 | | (3) The charge of child pornography shall not apply to the | 19 | | performance
of official duties by law enforcement or | 20 | | prosecuting officers or persons employed by law enforcement or | 21 | | prosecuting agencies, court personnel
or attorneys, nor to | 22 | | bonafide treatment or professional education programs
| 23 | | conducted by licensed physicians, psychologists or social | 24 | | workers. In any criminal proceeding, any property or material | 25 | | that constitutes child pornography shall remain in the care, | 26 | | custody, and control of either the State or the court. A motion |
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| 1 | | to view the evidence shall comply with subsection (e-5) of | 2 | | this Section.
| 3 | | (4) If the defendant possessed more than one of the same | 4 | | film,
videotape or visual reproduction or depiction by | 5 | | computer in which child
pornography is depicted, then the | 6 | | trier of fact may infer
that the defendant possessed such
| 7 | | materials with the intent to disseminate them.
| 8 | | (5) The charge of child pornography does not apply to a | 9 | | person who does
not voluntarily possess a film, videotape, or | 10 | | visual reproduction or depiction
by computer in which child | 11 | | pornography is depicted. Possession is voluntary if
the | 12 | | defendant knowingly procures or receives a film, videotape, or | 13 | | visual
reproduction or depiction for a sufficient time to be | 14 | | able to terminate his
or her possession.
| 15 | | (6) Any violation of paragraph (1), (2), (3), (4), (5), or | 16 | | (7) of subsection (a) that includes a child engaged in, | 17 | | solicited for, depicted in, or posed in any act of sexual | 18 | | penetration or bound, fettered, or subject to sadistic, | 19 | | masochistic, or sadomasochistic abuse in a sexual context | 20 | | shall be deemed a crime of violence. | 21 | | (c) If the violation does not involve a film, videotape, | 22 | | or other moving depiction, a violation of paragraph (1), (4), | 23 | | (5), or (7) of subsection (a) is a
Class 1 felony with a | 24 | | mandatory minimum fine of $2,000 and a maximum fine of
| 25 | | $100,000. If the violation involves a film, videotape, or | 26 | | other moving depiction, a violation of paragraph (1), (4), |
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| 1 | | (5), or (7) of subsection (a) is a
Class X felony with a | 2 | | mandatory minimum fine of $2,000 and a maximum fine of
| 3 | | $100,000. If the violation does not involve a film, videotape, | 4 | | or other moving depiction, a violation of paragraph (3) of | 5 | | subsection (a) is a Class 1 felony
with a mandatory minimum | 6 | | fine of $1500 and a maximum fine of $100,000. If the violation | 7 | | involves a film, videotape, or other moving depiction, a | 8 | | violation of paragraph (3) of subsection (a) is a Class X | 9 | | felony
with a mandatory minimum fine of $1500 and a maximum | 10 | | fine of $100,000.
If the violation does not involve a film, | 11 | | videotape, or other moving depiction, a violation
of paragraph | 12 | | (2) of subsection (a) is a Class 1 felony with a
mandatory | 13 | | minimum fine of $1000 and a maximum fine of $100,000. If the | 14 | | violation involves a film, videotape, or other moving | 15 | | depiction, a violation of paragraph (2) of subsection (a) is a | 16 | | Class X felony with a
mandatory minimum fine of $1000 and a | 17 | | maximum fine of $100,000. If the violation does not involve a | 18 | | film, videotape, or other moving depiction, a violation of
| 19 | | paragraph (6) of subsection (a) is a Class 3 felony with a | 20 | | mandatory
minimum fine of $1000 and a maximum fine of | 21 | | $100,000. If the violation involves a film, videotape, or | 22 | | other moving depiction, a violation of
paragraph (6) of | 23 | | subsection (a) is a Class 2 felony with a mandatory
minimum | 24 | | fine of $1000 and a maximum fine of $100,000.
| 25 | | (c-5) Where the child depicted is under the age of 13, a | 26 | | violation of paragraph (1), (2), (3), (4), (5), or (7) of |
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| 1 | | subsection (a) is a Class X felony with a mandatory minimum | 2 | | fine of $2,000 and a maximum fine of $100,000. Where the child | 3 | | depicted is under the age of 13, a violation of paragraph (6) | 4 | | of subsection (a) is a Class 2 felony with a mandatory minimum | 5 | | fine of $1,000 and a maximum fine of $100,000. Where the child | 6 | | depicted is under the age of 13, a person who commits a | 7 | | violation of paragraph (1), (2), (3), (4), (5), or (7) of | 8 | | subsection (a) where the defendant has previously been | 9 | | convicted under the laws of this State or any other state of | 10 | | the offense of child pornography, aggravated child | 11 | | pornography, aggravated criminal sexual abuse, aggravated | 12 | | criminal sexual assault, predatory criminal sexual assault of | 13 | | a child, or any of the offenses formerly known as rape, deviate | 14 | | sexual assault, indecent liberties with a child, or aggravated | 15 | | indecent liberties with a child where the victim was under the | 16 | | age of 18 years or an offense that is substantially equivalent | 17 | | to those offenses, is guilty of a Class X felony for which the | 18 | | person shall be sentenced to a term of imprisonment of not less | 19 | | than 9 years with a mandatory minimum fine of $2,000 and a | 20 | | maximum fine of $100,000.
Where the child depicted is under | 21 | | the age of 13, a person who commits a violation of paragraph | 22 | | (6) of subsection (a) where the defendant has previously been | 23 | | convicted under the laws of this State or any other state of | 24 | | the offense of child pornography, aggravated child | 25 | | pornography, aggravated criminal sexual abuse, aggravated | 26 | | criminal sexual assault, predatory criminal sexual assault of |
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| 1 | | a child, or any of the offenses formerly known as rape, deviate | 2 | | sexual assault, indecent liberties with a child, or aggravated | 3 | | indecent liberties with a child where the victim was under the | 4 | | age of 18 years or an offense that is substantially equivalent | 5 | | to those offenses, is guilty of a Class 1 felony with a | 6 | | mandatory minimum fine of $1,000 and a maximum fine of | 7 | | $100,000. The issue of whether the child depicted is under the | 8 | | age of 13 is an element of the offense to be resolved by the | 9 | | trier of fact. | 10 | | (d) If a person is convicted of a second or subsequent | 11 | | violation of
this Section within 10 years of a prior | 12 | | conviction, the court shall order a
presentence psychiatric | 13 | | examination of the person. The examiner shall report
to the | 14 | | court whether treatment of the person is necessary.
| 15 | | (e) Any film, videotape, photograph or other similar | 16 | | visual reproduction
or depiction by computer which includes a | 17 | | child under the age of 18 or a
person with a severe or profound | 18 | | intellectual disability engaged in any activity
described in | 19 | | subparagraphs (i) through (vii) or paragraph 1 of subsection
| 20 | | (a), and any material or equipment used or intended for use in | 21 | | photographing,
filming, printing, producing, reproducing, | 22 | | manufacturing, projecting,
exhibiting, depiction by computer, | 23 | | or disseminating such material shall be
seized and forfeited | 24 | | in the manner, method and procedure provided by Section
36-1 | 25 | | of this Code for the seizure and forfeiture of vessels, | 26 | | vehicles and
aircraft.
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| 1 | | In addition, any person convicted under this Section is | 2 | | subject to the property forfeiture provisions set forth in | 3 | | Article 124B of the Code of Criminal Procedure of 1963. | 4 | | (e-5) Upon the conclusion of a case brought under this | 5 | | Section, the court
shall seal all evidence depicting a victim | 6 | | or witness that is sexually
explicit. The evidence may be | 7 | | unsealed and viewed, on a motion of the party
seeking to unseal | 8 | | and view the evidence, only for good cause shown and in the
| 9 | | discretion of the court. The motion must expressly set forth | 10 | | the purpose for
viewing the material. The State's attorney and | 11 | | the victim, if possible, shall
be provided reasonable notice | 12 | | of the hearing on the motion to unseal the
evidence. Any person | 13 | | entitled to notice of a hearing under this subsection
(e-5) | 14 | | may object to the motion.
| 15 | | (f) Definitions. For the purposes of this Section:
| 16 | | (1) "Disseminate" means (i) to sell, distribute, | 17 | | exchange or transfer
possession, whether with or without | 18 | | consideration or (ii) to make a depiction
by computer | 19 | | available for distribution or downloading through the | 20 | | facilities
of any telecommunications network or through | 21 | | any other means of transferring
computer programs or data | 22 | | to a computer.
| 23 | | (2) "Produce" means to direct, promote, advertise, | 24 | | publish, manufacture,
issue, present or show.
| 25 | | (3) "Reproduce" means to make a duplication or copy.
| 26 | | (4) "Depict by computer" means to generate or create, |
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| 1 | | or cause to be
created or generated, a computer program or | 2 | | data that, after being processed by
a computer either | 3 | | alone or in conjunction with one or more computer | 4 | | programs,
results in a visual depiction on a computer | 5 | | monitor, screen, or display.
| 6 | | (5) "Depiction by computer" means a computer program | 7 | | or data that, after
being processed by a computer either | 8 | | alone or in conjunction with one or more
computer | 9 | | programs, results in a visual depiction on a computer | 10 | | monitor, screen,
or display.
| 11 | | (6) "Computer", "computer program", and "data" have | 12 | | the meanings
ascribed to them in Section 17.05 of this | 13 | | Code.
| 14 | | (7) For the purposes of this Section, "child | 15 | | pornography" includes a film, videotape, photograph, or | 16 | | other similar
visual medium or reproduction or depiction | 17 | | by computer that is, or appears to
be, that of a person, | 18 | | either in part, or in total, under the age of 18 or a | 19 | | person with a severe or profound intellectual disability,
| 20 | | regardless of the method by which the film, videotape, | 21 | | photograph, or other
similar visual medium or reproduction | 22 | | or depiction by computer is created,
adopted, or modified | 23 | | to appear as such. "Child pornography" also includes a | 24 | | film,
videotape, photograph, or other similar visual | 25 | | medium or reproduction or
depiction by computer that is | 26 | | advertised, promoted, presented, described, or
distributed |
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| 1 | | in such a manner that conveys the impression that the | 2 | | film,
videotape, photograph, or other similar visual | 3 | | medium or reproduction or
depiction by computer is of a | 4 | | person under the age of 18 or a person with a severe or | 5 | | profound intellectual disability.
| 6 | | (g) Re-enactment; findings; purposes.
| 7 | | (1) The General Assembly finds and declares that:
| 8 | | (i) Section 50-5 of Public Act 88-680, effective | 9 | | January 1, 1995,
contained provisions amending the | 10 | | child pornography statute, Section 11-20.1
of the | 11 | | Criminal Code of 1961. Section 50-5 also contained | 12 | | other provisions.
| 13 | | (ii) In addition, Public Act 88-680 was entitled | 14 | | "AN ACT to create a
Safe Neighborhoods Law". (A) | 15 | | Article 5 was entitled JUVENILE JUSTICE and
amended | 16 | | the Juvenile Court Act of 1987. (B) Article 15 was | 17 | | entitled GANGS and
amended various provisions of the | 18 | | Criminal Code of 1961 and the Unified Code
of | 19 | | Corrections. (C) Article 20 was entitled ALCOHOL ABUSE | 20 | | and amended various
provisions of the Illinois Vehicle | 21 | | Code. (D) Article 25 was entitled DRUG
ABUSE and | 22 | | amended the Cannabis Control Act and the Illinois | 23 | | Controlled
Substances Act. (E) Article 30 was entitled | 24 | | FIREARMS and amended the Criminal
Code of 1961 and the | 25 | | Code of Criminal Procedure of 1963. (F) Article 35
| 26 | | amended the Criminal Code of 1961, the Rights of Crime |
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| 1 | | Victims and Witnesses
Act, and the Unified Code of | 2 | | Corrections. (G) Article 40 amended the Criminal
Code | 3 | | of 1961 to increase the penalty for compelling | 4 | | organization membership of
persons. (H) Article 45 | 5 | | created the Secure Residential Youth Care Facility
| 6 | | Licensing Act and amended the State Finance Act, the | 7 | | Juvenile Court Act of
1987, the Unified Code of | 8 | | Corrections, and the Private Correctional Facility
| 9 | | Moratorium Act. (I) Article 50 amended the WIC Vendor | 10 | | Management Act, the
Firearm Owners Identification Card | 11 | | Act, the Juvenile Court Act of 1987, the
Criminal Code | 12 | | of 1961, the Wrongs to Children Act, and the Unified | 13 | | Code of
Corrections.
| 14 | | (iii) On September 22, 1998, the Third District | 15 | | Appellate Court in
People v. Dainty, 701 N.E. 2d 118, | 16 | | ruled that Public Act 88-680 violates the
single | 17 | | subject clause of the Illinois Constitution (Article | 18 | | IV, Section 8 (d))
and was unconstitutional in its | 19 | | entirety. As of the time this amendatory Act
of 1999 | 20 | | was prepared, People v. Dainty was still subject to | 21 | | appeal.
| 22 | | (iv) Child pornography is a vital concern to the | 23 | | people of this State
and the validity of future | 24 | | prosecutions under the child pornography statute of
| 25 | | the Criminal Code of 1961 is in grave doubt.
| 26 | | (2) It is the purpose of this amendatory Act of 1999 to |
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| 1 | | prevent or
minimize any problems relating to prosecutions | 2 | | for child pornography that may
result from challenges to | 3 | | the constitutional validity of Public Act 88-680 by
| 4 | | re-enacting the Section relating to child pornography that | 5 | | was included in
Public Act 88-680.
| 6 | | (3) This amendatory Act of 1999 re-enacts Section | 7 | | 11-20.1 of the
Criminal Code of 1961, as it has been | 8 | | amended. This re-enactment is intended
to remove any | 9 | | question as to the validity or content of that Section; it | 10 | | is not
intended to supersede any other Public Act that | 11 | | amends the text of the Section
as set forth in this | 12 | | amendatory Act of 1999. The material is shown as existing
| 13 | | text (i.e., without underscoring) because, as of the time | 14 | | this amendatory Act
of 1999 was prepared, People v. Dainty | 15 | | was subject to appeal to the Illinois
Supreme Court.
| 16 | | (4) The re-enactment by this amendatory Act of 1999 of | 17 | | Section 11-20.1 of
the Criminal Code of 1961 relating to | 18 | | child pornography that was amended by
Public Act 88-680 is | 19 | | not intended, and shall not be construed, to imply that
| 20 | | Public Act 88-680 is invalid or to limit or impair any | 21 | | legal argument
concerning whether those provisions were | 22 | | substantially re-enacted by other
Public Acts.
| 23 | | (Source: P.A. 101-87, eff. 1-1-20 .)
| 24 | | (720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
| 25 | | Sec. 26-4. Unauthorized video recording and live video |
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| 1 | | transmission.
| 2 | | (a) It is unlawful for any person to knowingly make a video | 3 | | record or transmit live video of
another person without that | 4 | | person's consent in a restroom, tanning bed,
tanning salon, | 5 | | locker room, changing room, or hotel bedroom.
| 6 | | (a-5) It is unlawful for any person to knowingly make a | 7 | | video record or transmit live video of another person in that | 8 | | other person's residence
without that person's consent.
| 9 | | (a-6) It is unlawful for any person to knowingly make a | 10 | | video record or transmit live video of another person in that | 11 | | other person's residence without that person's consent when | 12 | | the recording or transmission is made outside that person's | 13 | | residence by use of an audio or video device that records or | 14 | | transmits from a remote location. | 15 | | (a-10) It is unlawful for any person to knowingly make a | 16 | | video record or transmit live video of another person's | 17 | | intimate parts person under or through the clothing worn by | 18 | | that
other person
for the purpose of viewing the body of or the | 19 | | undergarments worn by that other
person
without that person's | 20 | | consent. For the purposes of this subsection (a-10), "intimate | 21 | | parts" means the fully unclothed, partially unclothed, or | 22 | | transparently clothed genitals, pubic area, anus, or if the | 23 | | person is female, a partially or fully exposed nipple, | 24 | | including exposure through transparent clothing.
| 25 | | (a-15) It is unlawful for any person to place or cause to | 26 | | be placed a device that makes a video record or transmits a |
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| 1 | | live video in a restroom, tanning bed, tanning salon, locker | 2 | | room, changing room, or hotel bedroom with the intent to make a | 3 | | video record or transmit live video of another person without | 4 | | that person's consent. | 5 | | (a-20) It is unlawful for any person to place or cause to | 6 | | be placed a device that makes a video record or transmits a | 7 | | live video with the intent to make a video record or transmit | 8 | | live video of another person in that other person's residence | 9 | | without that person's consent. | 10 | | (a-25) It is unlawful for any person to, by any means, | 11 | | knowingly disseminate, or permit to be disseminated, a video | 12 | | record or live video that he or she knows to have been made or | 13 | | transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15), | 14 | | or (a-20).
| 15 | | (b) Exemptions. The following activities shall be exempt | 16 | | from the
provisions of this Section:
| 17 | | (1) The making of a video record or transmission of | 18 | | live video by law enforcement
officers pursuant to a | 19 | | criminal investigation, which is otherwise lawful;
| 20 | | (2) The making of a video record or transmission of | 21 | | live video by correctional officials
for security reasons | 22 | | or for investigation of alleged misconduct involving a
| 23 | | person committed to the Department of Corrections; and | 24 | | (3) The making of a video record or transmission of | 25 | | live video in a locker room by a reporter or news medium, | 26 | | as those terms are defined in Section 8-902 of the Code of |
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| 1 | | Civil Procedure, where the reporter or news medium has | 2 | | been granted access to the locker room by an appropriate | 3 | | authority for the purpose of conducting interviews.
| 4 | | (c) The provisions of this Section do not apply to any | 5 | | sound recording
or transmission of an oral conversation made | 6 | | as the result of the making of a video record or transmission | 7 | | of live video,
and to which Article 14 of this Code applies.
| 8 | | (d) Sentence.
| 9 | | (1) A violation of subsection (a-15) or (a-20) (a-10), | 10 | | (a-15), or (a-20) is a
Class A
misdemeanor.
| 11 | | (2) A violation of subsection (a), (a-5), or (a-6) , or | 12 | | (a-10) is a Class 4 felony.
| 13 | | (3) A violation of subsection (a-25) is a Class 3 | 14 | | felony. | 15 | | (4) A violation of subsection (a), (a-5), (a-6), | 16 | | (a-10), (a-15) or (a-20) is a Class 3 felony if the victim | 17 | | is a person under 18 years of age or if the violation is | 18 | | committed by an individual who is required to register as | 19 | | a sex offender under the Sex Offender Registration Act. | 20 | | (5) A violation of subsection (a-25) is a Class 2 | 21 | | felony if the victim is a person under 18 years of age or | 22 | | if the violation is committed by an individual who is | 23 | | required to register as a sex offender under the Sex | 24 | | Offender Registration Act.
| 25 | | (e) For purposes of this Section:
| 26 | | (1) "Residence" includes a rental dwelling, but does |
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| 1 | | not include stairwells, corridors, laundry facilities, or | 2 | | additional areas in which the general public has access.
| 3 | | (2) "Video record" means and includes any videotape, | 4 | | photograph, film, or other electronic or digital recording | 5 | | of a still or moving visual image; and "live video" means | 6 | | and includes any real-time or contemporaneous electronic | 7 | | or digital transmission of a still or moving visual image.
| 8 | | (Source: P.A. 96-416, eff. 1-1-10; 97-813, eff. 7-13-12.)
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