(720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)
Sec. 11-1.20. Criminal sexual assault.
(a) A person commits criminal sexual assault if that person commits an act of sexual penetration and: (1) uses force or threat of force; (2) knows that the victim is unable to understand the |
| nature of the act or is unable to give knowing consent;
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(3) is a family member of the victim, and the victim
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| is under 18 years of age; or
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(4) is 17 years of age or over and holds a position
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| of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age.
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(b) Sentence.
(1) Criminal sexual assault is a Class 1 felony,
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(A) A person who is convicted of the offense of
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| criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of criminal sexual assault or the offense of exploitation of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault or to the offense of exploitation of a child, commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 30 years and not more than 60 years, except that if the person is under the age of 18 years at the time of the offense, he or she shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (A) to apply.
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(B) A person who has attained the age of 18 years
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| at the time of the commission of the offense and who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (B) to apply. An offender under the age of 18 years at the time of the commission of the offense covered by this subparagraph (B) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
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(C) A second or subsequent conviction for a
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| violation of paragraph (a)(3) or (a)(4) or under any similar statute of this State or any other state for any offense involving criminal sexual assault that is substantially equivalent to or more serious than the sexual assault prohibited under paragraph (a)(3) or (a)(4) is a Class X felony.
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(Source: P.A. 99-69, eff. 1-1-16 .)
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(720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
Sec. 11-1.30. Aggravated Criminal Sexual Assault.
(a) A person commits aggravated criminal sexual assault if that person commits criminal sexual assault and any of the following aggravating circumstances exist during the commission of the offense or, for purposes of paragraph (7), occur as part of the same course of conduct as the commission of the offense: (1) the person displays, threatens to use, or uses a |
| dangerous weapon, other than a firearm, or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;
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(2) the person causes bodily harm to the victim,
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| except as provided in paragraph (10);
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(3) the person acts in a manner that threatens or
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| endangers the life of the victim or any other person;
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(4) the person commits the criminal sexual assault
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| during the course of committing or attempting to commit any other felony;
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(5) the victim is 60 years of age or older;
(6) the victim is a person with a physical disability;
(7) the person delivers (by injection, inhalation,
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| ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception for other than medical purposes;
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(8) the person is armed with a firearm;
(9) the person personally discharges a firearm during
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| the commission of the offense; or
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(10) the person personally discharges a firearm
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| during the commission of the offense, and that discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
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(b) A person commits aggravated criminal sexual assault if
that person is under 17 years of age and: (i) commits an act of
sexual penetration with a victim who is under 9 years of age; or (ii) commits an act of sexual penetration with a victim
who is at least 9 years of age but under 13 years of age and the person uses force or threat of force to commit the act.
(c) A person commits aggravated criminal sexual assault if that person commits an act of sexual penetration with a victim who is a person with a severe or profound intellectual disability.
(d) Sentence.
(1) Aggravated criminal sexual assault in violation
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| of paragraph (2), (3), (4), (5), (6), or (7) of subsection (a) or in violation of subsection (b) or (c) is a Class X felony. A violation of subsection (a)(1) is a Class X felony for which 10 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(8) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(9) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(10) is a Class X felony for which 25 years or up to a term of natural life imprisonment shall be added to the term of imprisonment imposed by the court. An offender under the age of 18 years at the time of the commission of aggravated criminal sexual assault in violation of paragraphs (1) through (10) of subsection (a) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
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(2) A person who has attained the age of 18 years at
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| the time of the commission of the offense and who is convicted of a second or subsequent offense of aggravated criminal sexual assault, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted of the offense of criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted under the laws of this or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault, the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply. An offender under the age of 18 years at the time of the commission of the offense covered by this paragraph (2) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
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(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
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(720 ILCS 5/11-1.40)
(was 720 ILCS 5/12-14.1)
Sec. 11-1.40. Predatory criminal sexual assault of a child.
(a) A person commits predatory criminal sexual assault of a child if that person is 17 years of age or older, and commits an act of contact, however slight, between the sex organ or anus of one person and the part of the body of another for the purpose of sexual gratification or arousal of the victim or the accused, or an act of sexual penetration, and: (1) the victim is under 13 years of age; or (2) the victim is under 13 years of age and that |
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(A) is armed with a firearm;
(B) personally discharges a firearm during the
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| commission of the offense;
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(C) causes great bodily harm to the victim that:
(i) results in permanent disability; or
(ii) is life threatening; or
(D) delivers (by injection, inhalation,
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| ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception, for other than medical purposes.
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(b) Sentence.
(1) A person convicted of a violation of subsection
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| (a)(1) commits a Class X felony, for which the person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years. A person convicted of a violation of subsection (a)(2)(A) commits a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A person convicted of a violation of subsection (a)(2)(B) commits a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A person who has attained the age of 18 years at the time of the commission of the offense and who is convicted of a violation of subsection (a)(2)(C) commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 50 years or up to a term of natural life imprisonment. An offender under the age of 18 years at the time of the commission of predatory criminal sexual assault of a child in violation of subsections (a)(1), (a)(2)(A), (a)(2)(B), and (a)(2)(C) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
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(1.1) A person convicted of a violation of subsection
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| (a)(2)(D) commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 50 years and not more than 60 years. An offender under the age of 18 years at the time of the commission of predatory criminal sexual assault of a child in violation of subsection (a)(2)(D) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
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(1.2) A person who has attained the age of 18 years
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| at the time of the commission of the offense and convicted of predatory criminal sexual assault of a child committed against 2 or more persons regardless of whether the offenses occurred as the result of the same act or of several related or unrelated acts shall be sentenced to a term of natural life imprisonment and an offender under the age of 18 years at the time of the commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
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(2) A person who has attained the age of 18 years at
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| the time of the commission of the offense and who is convicted of a second or subsequent offense of predatory criminal sexual assault of a child, or who is convicted of the offense of predatory criminal sexual assault of a child after having previously been convicted of the offense of criminal sexual assault or the offense of aggravated criminal sexual assault, or who is convicted of the offense of predatory criminal sexual assault of a child after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of predatory criminal sexual assault of a child, the offense of aggravated criminal sexual assault or the offense of criminal sexual assault, shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply. An offender under the age of 18 years at the time of the commission of the offense covered by this paragraph (2) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
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(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14; 98-903, eff. 8-15-14; 99-69, eff. 1-1-16 .)
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(720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
Sec. 11-1.60. Aggravated criminal sexual abuse.
(a) A person commits aggravated criminal sexual abuse if that person commits criminal sexual abuse and any of the following aggravating circumstances exist (i) during the commission of the offense or (ii) for purposes of paragraph (7), as part of the same course of conduct as the commission of the offense: (1) the person displays, threatens to use, or uses a |
| dangerous weapon or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;
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(2) the person causes bodily harm to the victim;
(3) the victim is 60 years of age or older;
(4) the victim is a person with a physical disability;
(5) the person acts in a manner that threatens or
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| endangers the life of the victim or any other person;
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(6) the person commits the criminal sexual abuse
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| during the course of committing or attempting to commit any other felony; or
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(7) the person delivers (by injection, inhalation,
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| ingestion, transfer of possession, or any other means) any controlled substance to the victim for other than medical purposes without the victim's consent or by threat or deception.
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(b) A person commits aggravated criminal sexual abuse if that person
commits an act of sexual conduct with a victim who is under 18
years of age
and the person is a family member.
(c) A person commits aggravated criminal sexual abuse if:
(1) that person is 17 years of age or over and: (i)
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| commits an act of sexual conduct with a victim who is under 13 years of age; or (ii) commits an act of sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person uses force or threat of force to commit the act; or
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(2) that person is under 17 years of age and: (i)
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| commits an act of sexual conduct with a victim who is under 9 years of age; or (ii) commits an act of sexual conduct with a victim who is at least 9 years of age but under 17 years of age and the person uses force or threat of force to commit the act.
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(d) A person commits aggravated criminal sexual abuse if that person
commits an act of sexual penetration or sexual conduct with a victim
who is at least 13
years of age but under 17 years of age and the person is at least 5 years
older than the victim.
(e) A person commits aggravated criminal sexual abuse if that person
commits an act of sexual conduct with a victim who is a
person with a severe or profound intellectual disability.
(f) A person commits aggravated criminal sexual abuse if
that person commits an act of sexual conduct with a victim who is but under 18 years of age and
the person is 17 years of age or over and holds a position of trust,
authority, or supervision in relation to the victim.
(g) Sentence. Aggravated criminal sexual abuse for a violation of subsection (a), (b), (c), (d) or (e) of this Section is a Class 2 felony. Aggravated criminal sexual abuse for a violation of subsection (f) of this Section is a Class 1 felony.
(Source: P.A. 102-567, eff. 1-1-22 .)
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(720 ILCS 5/11-1.80) (was 720 ILCS 5/12-18.1)
Sec. 11-1.80. Civil Liability. (a) If any person has been convicted of
any offense defined in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of this Act,
a victim of such offense has a cause of action for damages against any
person or entity who, by the manufacture, production, or wholesale
distribution of any obscene material which was possessed or viewed by the
person convicted of the offense, proximately caused such person, through his
or her reading or viewing of the obscene material, to commit the violation
of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16. No victim may recover in any
such action unless he or she proves by a preponderance of the evidence
that: (1) the reading or viewing of the specific obscene material
manufactured, produced, or distributed wholesale by the defendant
proximately caused the person convicted of the violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-14.1, 12-15, or 12-16 to commit such violation and (2) the defendant knew
or had reason to know that the manufacture, production, or wholesale
distribution of such material was likely to cause a violation of an offense substantially
of the type enumerated.
(b) The manufacturer, producer or wholesale distributor shall be liable
to the victim for:
(1) actual damages incurred by the victim, including |
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(2) court costs and reasonable attorneys fees;
(3) infliction of emotional distress;
(4) pain and suffering; and
(5) loss of consortium.
(c) Every action under this Section shall be commenced within 3 years
after the conviction of the defendant for a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-15 or 12-16 of this Code. However, if the victim was under the
age of 18 years at the time of the conviction of the defendant for a
violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code, an action
under this Section shall be commenced within 3 years after the victim
attains the age of 18 years.
(d) For the purposes of this Section:
(1) "obscene" has the meaning ascribed to it in
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| subsection (b) of Section 11-20 of this Code;
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(2) "wholesale distributor" means any individual,
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| partnership, corporation, association, or other legal entity which stands between the manufacturer and the retail seller in purchases, consignments, contracts for sale or rental of the obscene material;
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(3) "producer" means any individual, partnership,
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| corporation, association, or other legal entity which finances or supervises, to any extent, the production or making of obscene material;
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(4) "manufacturer" means any individual, partnership,
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| corporation, association, or other legal entity which manufacturers, assembles or produces obscene material.
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(Source: P.A. 96-1551, Article 2, Section 5, eff. 7-1-11; 96-1551, Article 2, Section 1035, eff. 7-1-11; 97-1109, eff. 1-1-13.)
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(720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
Sec. 11-6. Indecent solicitation of a child.
(a) A person of the age of 17 years and upwards commits
indecent solicitation of a child if the person, with the intent that the
offense of aggravated criminal sexual assault, criminal sexual assault,
predatory criminal sexual assault of a child, or aggravated criminal sexual
abuse be committed, knowingly solicits a child or one whom he or she believes
to be a child to perform an act of sexual penetration or sexual conduct as
defined in Section 11-0.1 of this Code.
(a-5) A person of the age of 17 years and upwards commits
indecent solicitation of a child if the person knowingly discusses an act of sexual conduct or sexual penetration with a child or with one whom he or she believes
to be a child by means of the Internet with the intent that the offense of aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed. (a-6) It is not a defense to subsection (a-5) that the person did not solicit the child to perform sexual conduct or sexual penetration with the person.
(b) Definitions. As used in this Section:
"Solicit" means to command, authorize, urge, incite, |
| request, or advise another to perform an act by any means including, but not limited to, in person, over the phone, in writing, by computer, or by advertisement of any kind.
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"Child" means a person under 17 years of age.
"Internet" has the meaning set forth in Section
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"Sexual penetration" or "sexual conduct" are defined
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| in Section 11-0.1 of this Code.
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(c) Sentence. Indecent solicitation of a child under subsection (a) is:
(1) a Class 1 felony when the act, if done, would be
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| predatory criminal sexual assault of a child or aggravated criminal sexual assault;
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(2) a Class 2 felony when the act, if done, would be
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(3) a Class 3 felony when the act, if done, would be
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| aggravated criminal sexual abuse.
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Indecent solicitation of a child under subsection (a-5) is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(720 ILCS 5/11-6.5)
Sec. 11-6.5. Indecent solicitation of an adult.
(a) A person commits indecent solicitation of an adult if the person knowingly:
(1) Arranges for a person 17 years of age or over to |
| commit an act of sexual penetration as defined in Section 11-0.1 with a person:
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(i) Under the age of 13 years; or
(ii) Thirteen years of age or over but under the
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(2) Arranges for a person 17 years of age or over to
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| commit an act of sexual conduct as defined in Section 11-0.1 with a person:
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(i) Under the age of 13 years; or
(ii) Thirteen years of age or older but under the
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(b) Sentence.
(1) Violation of paragraph (a)(1)(i) is a Class X
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(2) Violation of paragraph (a)(1)(ii) is a Class 1
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(3) Violation of paragraph (a)(2)(i) is a Class 2
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(4) Violation of paragraph (a)(2)(ii) is a Class A
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(c) For the purposes of this Section, "arranges" includes but is not
limited to oral or written communication and
communication by telephone, computer, or other electronic means. "Computer"
has the meaning ascribed to it in Section 17-0.5 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
Sec. 11-9.1. Sexual exploitation of a child.
(a) A person commits sexual exploitation of a child if in the presence
or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her
acts, that person:
(1) engages in a sexual act; or
(2) exposes his or her sex organs, anus or breast for |
| the purpose of sexual arousal or gratification of such person or the child or one whom he or she believes to be a child.
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(a-5) A person commits sexual exploitation of a child who knowingly
entices, coerces, or persuades a child to remove the child's clothing for the
purpose of sexual arousal or gratification of the person or the child, or
both.
(b) Definitions. As used in this Section:
"Sexual act" means masturbation, sexual conduct or sexual penetration
as defined in Section 11-0.1 of this Code.
"Sex offense" means any violation
of
Article 11 of this Code.
"Child" means a person under 17 years of age.
"Virtual presence" means an environment that is created with software and presented to the user and or receiver via the Internet, in such a way that the user appears in front of the receiver on the computer monitor or screen or hand-held portable electronic device, usually through a web camming program. "Virtual presence" includes primarily experiencing through sight or sound, or both, a video image that can be explored interactively at a personal computer or hand-held communication device, or both.
"Webcam" means a video capturing device connected to a computer or computer network that is designed to take digital photographs or live or recorded video which allows for the live transmission to an end user over the Internet.
(c) Sentence.
(1) Sexual exploitation of a child is a Class A
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| misdemeanor. A second or subsequent violation of this Section or a substantially similar law of another state is a Class 4 felony.
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(2) Sexual exploitation of a child is a Class 4
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| felony if the person has been previously convicted of a sex offense.
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(3) Sexual exploitation of a child is a Class 4
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| felony if the victim was under 13 years of age at the time of the commission of the offense.
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(4) Sexual exploitation of a child is a Class 4
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| felony if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds.
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(Source: P.A. 102-168, eff. 7-27-21.)
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