Full Text of HB5687 95th General Assembly
HB5687eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law, which may be referred to as | 2 |
| the Child Protection Act of 2008.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 6 |
| Sections 11-9.4, 11-21, 11-23, and 11-24 and by adding Sections | 7 |
| 10-8.1 and 11-6.6 as follows: | 8 |
| (720 ILCS 5/10-8.1 new) | 9 |
| Sec. 10-8.1. Unlawful sending of a public conveyance travel | 10 |
| ticket to a minor. | 11 |
| (a) In this Section, "public conveyance" has the meaning | 12 |
| ascribed to it in Section 10-8 of this Code. | 13 |
| (b) A person commits the offense of unlawful sending of a | 14 |
| public conveyance travel ticket to a minor when the person, | 15 |
| other than for a lawful purpose under Illinois law, without the | 16 |
| consent of the minor's parent or guardian: | 17 |
| (1) knowingly sends, causes to be sent, or purchases a | 18 |
| public conveyance travel ticket to any location for a | 19 |
| person known by the offender to be an unemancipated minor | 20 |
| under 17 years of age or a person he or she believes to be a | 21 |
| minor under 17 years of age, other than for a lawful | 22 |
| purpose under Illinois law; or | 23 |
| (2) knowingly arranges for travel to any location on |
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| any public conveyance for a person known by the offender to | 2 |
| be an unemancipated minor under 17 years of age or a person | 3 |
| he or she believes to be a minor under 17 years of age, | 4 |
| other than for a lawful purpose under Illinois law. | 5 |
| (b-5) Telecommunications carriers, commercial mobile | 6 |
| service providers, and providers of information services, | 7 |
| including, but not limited to, Internet service providers and | 8 |
| hosting service providers, are not liable under this Section, | 9 |
| except for willful and wanton misconduct, by virtue of the | 10 |
| transmission, storage, or caching of electronic communications | 11 |
| or messages of others or by virtue of the provision of other | 12 |
| related telecommunications, commercial mobile services, or | 13 |
| information services used by others in violation of this | 14 |
| Section. | 15 |
| (c) Sentence.
Unlawful sending of a public conveyance | 16 |
| travel ticket to a minor is a Class A misdemeanor.
A person who | 17 |
| commits unlawful sending of a public conveyance travel ticket | 18 |
| to a minor
who believes that he or she is at least 5 years older | 19 |
| than the minor is guilty of a Class 4 felony. | 20 |
| (720 ILCS 5/11-6.6 new) | 21 |
| Sec. 11-6.6. Solicitation to meet a child. | 22 |
| (a) A person of the age of 18 or more years commits the | 23 |
| offense of solicitation to meet a child if the person while | 24 |
| using a computer, cellular telephone, or any other device, with | 25 |
| the intent to meet a child or one whom he or she believes to be |
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| a child, solicits, entices, induces, or arranges with the child | 2 |
| to meet at a location without the knowledge of the child's | 3 |
| parent or guardian and the meeting with the child is arranged | 4 |
| for a purpose other than a lawful purpose under Illinois law. | 5 |
| (b) Sentence. Solicitation to meet a child is a Class A | 6 |
| misdemeanor.
Solicitation to meet a child is a Class 4 felony | 7 |
| when the solicitor believes he or she is 5 or more years older | 8 |
| than the child. | 9 |
| (c) For purposes of this Section, "child" means any person | 10 |
| under 17 years of age; and "computer" has the meaning ascribed | 11 |
| to it in Section 16D-2 of this Code.
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| (720 ILCS 5/11-9.4)
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| (Text of Section after amendment by P.A. 95-640 ) | 14 |
| Sec. 11-9.4. Approaching, contacting, residing, or | 15 |
| communicating with a
child within certain places by child sex | 16 |
| offenders
prohibited.
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| (a) It is unlawful for a child sex offender to knowingly be | 18 |
| present in any
public park building or on real property | 19 |
| comprising any public park
when persons under the age of
18 are
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| present in the building or on the grounds
and to approach, | 21 |
| contact, or communicate with a child under 18 years of
age,
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| unless the
offender
is a parent or guardian of a person under | 23 |
| 18 years of age present in the
building or on the
grounds.
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| (b) It is unlawful for a child sex offender to knowingly | 25 |
| loiter on a public
way within 500 feet of a public park |
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| building or real property comprising any
public park
while | 2 |
| persons under the age of 18 are present in the building or on | 3 |
| the
grounds
and to approach, contact, or communicate with a | 4 |
| child under 18 years of
age,
unless the offender
is a parent or | 5 |
| guardian of a person under 18 years of age present in the
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| building or on the grounds.
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| (b-5) It is unlawful for a child sex offender to knowingly | 8 |
| reside within
500 feet of a playground, child care institution, | 9 |
| day care center, part day child care facility, or a facility | 10 |
| providing programs or services
exclusively directed toward | 11 |
| persons under 18 years of age. Nothing in this
subsection (b-5) | 12 |
| prohibits a child sex offender from residing within 500 feet
of | 13 |
| a playground or a facility providing programs or services | 14 |
| exclusively
directed toward persons under 18 years of age if | 15 |
| the property is owned by the
child sex offender and was | 16 |
| purchased before the effective date of this
amendatory Act of | 17 |
| the 91st General Assembly. Nothing in this
subsection (b-5) | 18 |
| prohibits a child sex offender from residing within 500 feet
of | 19 |
| a child care institution, day care center, or part day child | 20 |
| care facility if the property is owned by the
child sex | 21 |
| offender and was purchased before the effective date of this
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| amendatory Act of the 94th General Assembly.
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| (b-6) It is unlawful for a child sex offender to knowingly | 24 |
| reside within
500 feet of the victim of the sex offense. | 25 |
| Nothing in this
subsection (b-6) prohibits a child sex offender | 26 |
| from residing within 500 feet
of the victim
if the property in |
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| which the child sex offender resides is owned by the
child sex | 2 |
| offender and was purchased before the effective date of this
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| amendatory Act of the 92nd General Assembly.
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| This subsection (b-6) does not apply if the victim of the | 5 |
| sex offense
is 21 years of age or older.
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| (b-7) It is unlawful for a child sex offender to knowingly | 7 |
| communicate, other than for a lawful purpose under Illinois | 8 |
| law, using the Internet or any other digital media, with a | 9 |
| person under 18 years of age or with a person whom he or she | 10 |
| believes to be a person under 18 years of age,
unless the | 11 |
| offender
is a parent or guardian of the person under 18 years | 12 |
| of age. | 13 |
| (c) It is unlawful for a child sex offender to knowingly | 14 |
| operate, manage,
be employed by, volunteer at, be associated | 15 |
| with, or knowingly be present at
any: (i) facility providing
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| programs or services exclusively directed towards persons | 17 |
| under the age of 18; (ii) day care center; (iii) part day child | 18 |
| care facility; (iv) child care institution, or (v) school | 19 |
| providing before and after school programs for children under | 20 |
| 18 years of age.
This does not prohibit a child sex offender | 21 |
| from owning the real property upon
which the programs or | 22 |
| services are offered or upon which the day care center, part | 23 |
| day child care facility, child care institution, or school | 24 |
| providing before and after school programs for children under | 25 |
| 18 years of age is located, provided the child sex offender
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| refrains from being present on the premises for the hours |
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| during which: (1) the
programs or services are being offered or | 2 |
| (2) the day care center, part day child care facility, child | 3 |
| care institution, or school providing before and after school | 4 |
| programs for children under 18 years of age is operated.
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| (c-5) It is unlawful for a child sex offender to knowingly | 6 |
| operate, manage, be employed by, or be associated with any | 7 |
| county fair when persons under the age of 18 are present.
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| (d) Definitions. In this Section:
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| (1) "Child sex offender" means any person who:
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| (i) has been charged under Illinois law, or any | 11 |
| substantially similar
federal law
or law of another | 12 |
| state, with a sex offense set forth in
paragraph (2) of | 13 |
| this subsection (d) or the attempt to commit an | 14 |
| included sex
offense, and:
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| (A) is convicted of such offense or an attempt | 16 |
| to commit such offense;
or
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| (B) is found not guilty by reason of insanity | 18 |
| of such offense or an
attempt to commit such | 19 |
| offense; or
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| (C) is found not guilty by reason of insanity | 21 |
| pursuant to subsection
(c) of Section 104-25 of the | 22 |
| Code of Criminal Procedure of 1963 of such offense
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| or an attempt to commit such offense; or
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| (D) is the subject of a finding not resulting | 25 |
| in an acquittal at a
hearing conducted pursuant to | 26 |
| subsection (a) of Section 104-25 of the Code of
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| Criminal Procedure of 1963 for the alleged | 2 |
| commission or attempted commission
of such | 3 |
| offense; or
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| (E) is found not guilty by reason of insanity | 5 |
| following a hearing
conducted pursuant to a | 6 |
| federal law or the law of another state | 7 |
| substantially
similar to subsection (c) of Section | 8 |
| 104-25 of the Code of Criminal Procedure
of 1963 of | 9 |
| such offense or of the attempted commission of such | 10 |
| offense; or
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| (F) is the subject of a finding not resulting | 12 |
| in an acquittal at a
hearing
conducted pursuant to | 13 |
| a federal law or the law of another state | 14 |
| substantially
similar to subsection (a) of Section | 15 |
| 104-25 of the Code of Criminal Procedure
of 1963 | 16 |
| for the alleged violation or attempted commission | 17 |
| of such offense; or
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| (ii) is certified as a sexually dangerous person | 19 |
| pursuant to the
Illinois
Sexually Dangerous Persons | 20 |
| Act, or any substantially similar federal
law or the | 21 |
| law of another state, when any conduct giving rise to | 22 |
| such
certification is committed or attempted against a | 23 |
| person less than 18 years of
age; or
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| (iii) is subject to the provisions of Section 2 of | 25 |
| the Interstate
Agreements on Sexually Dangerous | 26 |
| Persons Act.
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| Convictions that result from or are connected with the | 2 |
| same act, or result
from offenses committed at the same | 3 |
| time, shall be counted for the purpose of
this Section as | 4 |
| one conviction. Any conviction set aside pursuant to law is
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| not a conviction for purposes of this Section.
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| (2) Except as otherwise provided in paragraph (2.5), | 7 |
| "sex offense"
means:
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| (i) A violation of any of the following Sections of | 9 |
| the Criminal Code of
1961: 10-7 (aiding and abetting | 10 |
| child abduction under Section 10-5(b)(10)),
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| 10-5(b)(10) (child luring), 11-6 (indecent | 12 |
| solicitation of a child), 11-6.5
(indecent | 13 |
| solicitation of an adult),
11-9 (public indecency when | 14 |
| committed in a school, on the real property
comprising | 15 |
| a school, on a conveyance owned, leased, or contracted | 16 |
| by a
school to transport students to or from school or | 17 |
| a school related activity, or
in a public park),
11-9.1 | 18 |
| (sexual exploitation of a child), 11-15.1 (soliciting | 19 |
| for a juvenile
prostitute), 11-17.1 (keeping a place of | 20 |
| juvenile prostitution), 11-18.1
(patronizing a | 21 |
| juvenile prostitute), 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child), 11-20.1 (child | 23 |
| pornography), 11-20.3 (aggravated child pornography), | 24 |
| 11-21 (harmful
material), 12-14.1
(predatory criminal | 25 |
| sexual assault of a child), 12-33 (ritualized abuse of | 26 |
| a
child), 11-20 (obscenity) (when that offense was |
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| committed in any school, on
real property comprising | 2 |
| any school, on any conveyance owned,
leased, or | 3 |
| contracted by a school to transport students to or from | 4 |
| school or a
school related activity, or in a public | 5 |
| park). An attempt to commit any of
these offenses.
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| (ii) A violation of any of the following Sections | 7 |
| of the Criminal Code
of 1961, when the victim is a | 8 |
| person under 18 years of age: 12-13 (criminal
sexual | 9 |
| assault), 12-14 (aggravated criminal sexual assault), | 10 |
| 12-15 (criminal
sexual abuse), 12-16 (aggravated | 11 |
| criminal sexual abuse). An attempt to commit
any of | 12 |
| these offenses.
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| (iii) A violation of any of the following Sections | 14 |
| of the Criminal Code
of 1961, when the victim is a | 15 |
| person under 18 years of age and the defendant is
not a | 16 |
| parent of the victim:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| An attempt to commit any of these offenses.
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| (iv) A violation of any former law of this State | 23 |
| substantially
equivalent to any offense listed in | 24 |
| clause (2)(i) of this subsection (d).
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| (2.5) For the purposes of subsection (b-5) only, a sex | 26 |
| offense means:
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| (i) A violation of any of the following Sections of | 2 |
| the Criminal Code of
1961:
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| 10-5(b)(10) (child luring), 10-7 (aiding and | 4 |
| abetting child abduction
under Section | 5 |
| 10-5(b)(10)), 11-6 (indecent solicitation of
a
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| child), 11-6.5 (indecent solicitation of an | 7 |
| adult), 11-15.1 (soliciting for a
juvenile
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| prostitute), 11-17.1 (keeping a place of juvenile | 9 |
| prostitution), 11-18.1
(patronizing a juvenile | 10 |
| prostitute), 11-19.1 (juvenile pimping),
11-19.2 | 11 |
| (exploitation of a child), 11-20.1 (child | 12 |
| pornography), 11-20.3 (aggravated child | 13 |
| pornography), 12-14.1
(predatory criminal sexual | 14 |
| assault of a child), or 12-33 (ritualized abuse of | 15 |
| a
child). An attempt
to commit any of
these | 16 |
| offenses.
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| (ii) A violation of any of the following Sections | 18 |
| of the Criminal Code
of 1961, when the victim is a | 19 |
| person under 18 years of age: 12-13 (criminal
sexual | 20 |
| assault), 12-14 (aggravated criminal sexual assault),
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| 12-16 (aggravated criminal sexual abuse), and | 22 |
| subsection (a) of Section 12-15
(criminal sexual | 23 |
| abuse). An attempt to commit
any of these offenses.
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| (iii) A violation of any of the following Sections | 25 |
| of the Criminal Code
of 1961, when the victim is a | 26 |
| person under 18 years of age and the defendant is
not a |
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| parent of the victim:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| An attempt to commit any of these offenses.
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| (iv) A violation of any former law of this State | 8 |
| substantially
equivalent to any offense listed in this | 9 |
| paragraph (2.5) of
this subsection.
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| (3) A conviction for an offense of federal law or the | 11 |
| law of another state
that is substantially equivalent to | 12 |
| any offense listed in paragraph (2) of this
subsection (d) | 13 |
| shall constitute a conviction for the purpose of
this | 14 |
| Section. A finding or adjudication as a sexually dangerous | 15 |
| person under
any federal law or law of another state that | 16 |
| is substantially equivalent to the
Sexually Dangerous | 17 |
| Persons Act shall constitute an adjudication for the
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| purposes of this Section.
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| (4) "Public park" includes a park, forest preserve, or
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| conservation
area
under the jurisdiction of the State or a | 21 |
| unit of local government.
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| (5) "Facility providing programs or services directed | 23 |
| towards persons
under
the age of 18" means any facility | 24 |
| providing programs or services exclusively
directed | 25 |
| towards persons under the age of 18.
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| (6) "Loiter" means:
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| (i) Standing, sitting idly, whether or not the | 2 |
| person is in a vehicle or
remaining in or around public | 3 |
| park property.
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| (ii) Standing, sitting idly, whether or not the | 5 |
| person is in a vehicle
or remaining in or around public | 6 |
| park property, for the purpose of committing
or
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| attempting to commit a sex offense.
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| (7) "Playground" means a piece of land owned or | 9 |
| controlled by a unit
of
local government that is designated | 10 |
| by the unit of local government for use
solely or primarily | 11 |
| for children's recreation.
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| (8) "Child care institution" has the meaning ascribed | 13 |
| to it in Section 2.06 of the Child Care Act of 1969.
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| (9) "Day care center" has the meaning ascribed to it in | 15 |
| Section 2.09 of the Child Care Act of 1969. | 16 |
| (10) "Part day child care facility" has the meaning | 17 |
| ascribed to it in Section 2.10 of the Child Care Act of | 18 |
| 1969.
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| (11) "Internet" means an interactive computer service | 20 |
| or 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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| 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 |
| (e) Sentence. A person who violates this Section is guilty | 5 |
| of a Class 4
felony.
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| (Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640, | 7 |
| eff. 6-1-08; revised 10-30-07.)
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| (720 ILCS 5/11-21) (from Ch. 38, par. 11-21)
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| Sec. 11-21. Harmful material.
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| (a) As used in this Section:
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| "Distribute" means transfer possession of, whether | 12 |
| with or without consideration.
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| "Harmful to minors" means that quality of any | 14 |
| description or representation, in whatever form, of | 15 |
| nudity, sexual conduct, sexual excitement, or | 16 |
| sado-masochistic abuse, when, taken as a whole, it (i) | 17 |
| predominately appeals to the prurient interest in sex of | 18 |
| minors, (ii) is patently offensive to prevailing standards | 19 |
| in the adult community in the State as a whole with respect | 20 |
| to what is suitable material for minors, and (iii) lacks | 21 |
| serious literary, artistic, political, or scientific value | 22 |
| for minors.
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| "Knowingly" means having knowledge of the contents of | 24 |
| the subject matter, or recklessly failing to exercise | 25 |
| reasonable inspection which would have disclosed the |
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| contents.
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| "Material" means (i) any picture, photograph, drawing, | 3 |
| sculpture, film, video game, computer game, video or | 4 |
| similar visual depiction, including any such | 5 |
| representation or image which is stored electronically, or | 6 |
| (ii) any book, magazine, printed matter however | 7 |
| reproduced, or recorded audio of any sort.
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| "Minor" means any person under the age of 18.
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| "Nudity" means the showing of the human male or female | 10 |
| genitals, pubic area or buttocks with less than a full | 11 |
| opaque covering, or the showing of the female breast with | 12 |
| less than a fully opaque covering of any portion below the | 13 |
| top of the nipple, or the depiction of covered male | 14 |
| genitals in a discernably turgid state.
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| "Sado-masochistic abuse" means flagellation or torture | 16 |
| by or upon a person clad in undergarments, a mask or | 17 |
| bizarre costume, or the condition of being fettered, bound | 18 |
| or otherwise physically restrained on the part of one | 19 |
| clothed for sexual gratification or stimulation.
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| "Sexual conduct" means acts of masturbation, sexual | 21 |
| intercourse, or physical contact with a person's clothed or | 22 |
| unclothed genitals, pubic area, buttocks or, if such person | 23 |
| be a female, breast.
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| "Sexual excitement" means the condition of human male | 25 |
| or female genitals when in a state of sexual stimulation or | 26 |
| arousal.
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| (b) A person is guilty of distributing harmful material to | 2 |
| a minor when he or she:
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| (1) knowingly sells, lends, distributes, or gives away | 4 |
| to a minor, knowing that the minor is under the age of 18 | 5 |
| or failing to exercise reasonable care in ascertaining the | 6 |
| person's true age:
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| (A) any material which depicts nudity, sexual | 8 |
| conduct or sado-masochistic abuse, or which contains | 9 |
| explicit and detailed verbal descriptions or narrative | 10 |
| accounts of sexual excitement, sexual conduct or | 11 |
| sado-masochistic abuse, and which taken as a whole is | 12 |
| harmful to minors;
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| (B) a motion picture, show, or other presentation | 14 |
| which depicts nudity, sexual conduct or | 15 |
| sado-masochistic abuse and is harmful to minors; or
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| (C) an admission ticket or pass to premises where | 17 |
| there is exhibited or to be exhibited such a motion | 18 |
| picture, show, or other presentation; or
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| (2) admits a minor to premises where there is exhibited | 20 |
| or to be exhibited such a motion picture, show, or other | 21 |
| presentation, knowing that the minor is a person under the | 22 |
| age of 18 or failing to exercise reasonable care in | 23 |
| ascertaining the person's true age.
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| (c) In any prosecution arising under this Section, it is an | 25 |
| affirmative defense:
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| (1) that the minor as to whom the offense is alleged to |
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| have been committed exhibited to the accused a draft card, | 2 |
| driver's license, birth certificate or other official or | 3 |
| apparently official document purporting to establish that | 4 |
| the minor was 18 years of age or older, which was relied | 5 |
| upon by the accused;
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| (2) that the defendant was in a parental or | 7 |
| guardianship relationship with the minor or that the minor | 8 |
| was accompanied by a parent or legal guardian;
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| (3) that the defendant was a bona fide school, museum, | 10 |
| or public library, or was a person acting in the course of | 11 |
| his or her employment as an employee or official of such | 12 |
| organization or retail outlet affiliated with and serving | 13 |
| the educational purpose of such organization;
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| (4) that the act charged was committed in aid of | 15 |
| legitimate scientific or educational purposes; or
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| (5) that an advertisement of harmful material as | 17 |
| defined in this Section culminated in the sale or | 18 |
| distribution of such harmful material to a child under | 19 |
| circumstances where there was no personal confrontation of | 20 |
| the child by the defendant, his employees, or agents, as | 21 |
| where the order or request for such harmful material was | 22 |
| transmitted by mail, telephone, Internet or similar means | 23 |
| of communication, and delivery of such harmful material to | 24 |
| the child was by mail, freight, Internet or similar means | 25 |
| of transport, which advertisement contained the following | 26 |
| statement, or a substantially similar statement, and that |
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LRB095 19968 RLC 46396 b |
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| 1 |
| the defendant required the purchaser to certify that he or | 2 |
| she was not under the age of 18 and that the purchaser | 3 |
| falsely stated that he or she was not under the age of 18: | 4 |
| "NOTICE: It is unlawful for any person under the age of 18 | 5 |
| to purchase the matter advertised. Any person under the age | 6 |
| of 18 that falsely states that he or she is not under the | 7 |
| age of 18 for the purpose of obtaining the material | 8 |
| advertised is guilty of a Class B misdemeanor under the | 9 |
| laws of the State."
| 10 |
| (d) The predominant appeal to prurient interest of the | 11 |
| material shall be judged with reference to average children of | 12 |
| the same general age of the child to whom such material was | 13 |
| sold, lent, distributed or given, unless it appears from the | 14 |
| nature of the matter or the circumstances of its dissemination | 15 |
| or distribution that it is designed for specially susceptible | 16 |
| groups, in which case the predominant appeal of the material | 17 |
| shall be judged with reference to its intended or probable | 18 |
| recipient group.
| 19 |
| (e) Distribution of harmful material in violation of this | 20 |
| Section is a Class A misdemeanor. A second or subsequent | 21 |
| offense is a Class 4 felony.
| 22 |
| (f) Any person under the age of 18 that falsely states, | 23 |
| either orally or in writing, that he or she is not under the | 24 |
| age of 18, or that presents or offers to any person any | 25 |
| evidence of age and identity that is false or not actually his | 26 |
| or her own for the purpose of ordering, obtaining, viewing, or |
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LRB095 19968 RLC 46396 b |
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| 1 |
| otherwise procuring or attempting to procure or view any | 2 |
| harmful material is guilty of a Class B misdemeanor.
| 3 |
| (g) A person over the age of 18 who fails to exercise | 4 |
| reasonable care in ascertaining the true age of a minor, | 5 |
| knowingly distributes to, or sends, or causes to be sent, or | 6 |
| exhibits to, or offers to distribute, or exhibits any harmful | 7 |
| material to a person that he or she believes is a minor is | 8 |
| guilty of a Class A misdemeanor. If that person utilized a | 9 |
| computer web camera, cellular telephone, or any other type of | 10 |
| device to manufacture the harmful material, then each offense | 11 |
| is a Class 4 felony. | 12 |
| (h) Telecommunications carriers, commercial mobile service | 13 |
| providers, and providers of information services, including, | 14 |
| but not limited to, Internet service providers and hosting | 15 |
| service providers, are not liable under this Section, except | 16 |
| for willful and wanton misconduct, by virtue of the | 17 |
| transmission, storage, or caching of electronic communications | 18 |
| or messages of others or by virtue of the provision of other | 19 |
| related telecommunications, commercial mobile services, or | 20 |
| information services used by others in violation of this | 21 |
| Section. | 22 |
| (Source: P.A. 94-315, eff. 1-1-06.)
| 23 |
| (720 ILCS 5/11-23)
| 24 |
| Sec. 11-23. Posting of identifying or graphic information | 25 |
| on a pornographic
Internet site or possessing graphic |
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LRB095 19968 RLC 46396 b |
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| 1 |
| information with pornographic material .
| 2 |
| (a) A person at least 17 years of age who discloses on an | 3 |
| adult obscenity or
child
pornography Internet site the name, | 4 |
| address, telephone number, or e-mail
address of a person
under | 5 |
| 17 years of age at the time of the commission of
the offense or | 6 |
| of a person at least 17 years of age without the consent of
the | 7 |
| person at least 17 years of age is guilty of the offense of | 8 |
| posting of
identifying information on a pornographic Internet | 9 |
| site.
| 10 |
| (a-5) Any person who places, posts, reproduces, or | 11 |
| maintains on an adult obscenity or child pornography Internet | 12 |
| site a photograph, video, or digital image of a person under 18 | 13 |
| years of age that is not child pornography under Section | 14 |
| 11-20.1, without the knowledge and consent of the person under | 15 |
| 18 years of age, is guilty of the offense of posting of graphic | 16 |
| information on a pornographic Internet site. This provision | 17 |
| applies even if the person under 18 years of age is fully or | 18 |
| properly clothed in the photograph, video, or digital image. | 19 |
| (a-10) Any person who places, posts, reproduces, or | 20 |
| maintains on an adult obscenity or child pornography Internet | 21 |
| site, or possesses with obscene or child pornographic material | 22 |
| a photograph, video, or digital image of a person under 18 | 23 |
| years of age in which the child is posed in a suggestive manner | 24 |
| with the focus or concentration of the image on the child's | 25 |
| clothed genitals, clothed pubic area, clothed buttocks area, or | 26 |
| if the child is female, the breast exposed through transparent |
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HB5687 Engrossed |
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LRB095 19968 RLC 46396 b |
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| 1 |
| clothing, and the photograph, video, or digital image is not | 2 |
| child pornography under Section 11-20.1, is guilty of posting | 3 |
| of graphic information on a pornographic Internet site or | 4 |
| possessing graphic information with pornographic material. | 5 |
| (b) Sentence. A person who violates subsection (a) of this | 6 |
| Section is guilty of a Class 4
felony if the victim is at least | 7 |
| 17 years of age at the time of the offense and
a
Class 3 felony | 8 |
| if the victim is under 17 years of age at the time of the
| 9 |
| offense. A person who violates subsection (a-5) of this Section | 10 |
| is guilty of a Class 4 felony. A person who violates subsection | 11 |
| (a-10) of this Section is guilty of a Class 3 felony.
| 12 |
| (c) Definitions. For purposes of this Section:
| 13 |
| (1) "Adult obscenity or child pornography Internet | 14 |
| site" means a site on
the Internet that contains material | 15 |
| that is obscene as defined in Section 11-20
of this Code or
| 16 |
| that is child pornography as defined in Section 11-20.1 of | 17 |
| this Code.
| 18 |
| (2) "Internet" includes the World Wide Web, electronic | 19 |
| mail, a
news group posting, or Internet file transfer.
| 20 |
| (Source: P.A. 91-222, eff. 7-22-99.)
| 21 |
| (720 ILCS 5/11-24) | 22 |
| Sec. 11-24. Child photography by sex offender. | 23 |
| (a) In this Section: | 24 |
| "Child" means a person under 18 years of age. | 25 |
| "Child sex offender" has the meaning ascribed to it in
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LRB095 19968 RLC 46396 b |
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| 1 |
| Section 11-9.3 of this Code. | 2 |
| (b) It is unlawful for a child sex offender to
knowingly: | 3 |
| (1) conduct or operate any type of business in
which he | 4 |
| or she photographs, videotapes, or takes a
digital image of | 5 |
| a child; or | 6 |
| (2) conduct or operate any type of business in
which he | 7 |
| or she instructs or directs another person to
photograph, | 8 |
| videotape, or take a digital image of a
child ; or . | 9 |
| (3) photograph, videotape, or take a digital image of a | 10 |
| child, or instruct or direct another person to photograph, | 11 |
| videotape, or take a digital image of a child without the | 12 |
| consent of the parent or guardian. | 13 |
| (c) Sentence. A violation of this Section is a Class 2
| 14 |
| felony. A person who violates this Section at a playground, | 15 |
| park facility, school, forest preserve, day care facility, or | 16 |
| at a facility providing programs or services directed to | 17 |
| persons under 17 years of age is guilty of a Class 1 felony.
| 18 |
| (Source: P.A. 93-905, eff. 1-1-05.)
|
|