State of Illinois
90th General Assembly
Legislation

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90_HB0152

      720 ILCS 5/16D-5.5 new
          Amends the Criminal Code of 1961.  Creates the offense of
      solicitation of a minor by computer.  Prohibits communication
      by a computer or computer-linked network for the  purpose  of
      enticing  a child under 17 years of age to meet with a person
      at least 17 years old who is at least 3 years older than  the
      child  for  the  purpose  of engaging in certain sex offenses
      with the child.  Provides that  the  penalty  is  a  Class  4
      felony.   If  the child is under 13 years of age, the penalty
      is a Class 2 felony.  Effective immediately.
                                                     LRB9000834RCsb
                                               LRB9000834RCsb
 1        AN ACT to amend the  Criminal  Code  of  1961  by  adding
 2    Section 16D-5.5.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Criminal  Code  of  1961  is  amended  by
 6    adding Section 16D-5.5 as follows:
 7        (720 ILCS 5/16D-5.5 new)
 8        Sec. 16D-5.5.  Solicitation of a minor by computer.
 9        (a)  Any  person  17  years  of  age or older commits the
10    offense of solicitation of a minor by computer when he or she
11    knowingly offers any communication, or engages in an exchange
12    of communication, by way of computer, or through or upon  any
13    computer-linked network or system, under circumstances which,
14    taken  as  a  whole,  demonstrate  an  intent  by  the person
15    offering or engaging in that communication to:
16             (1)  Entice,  solicit,  advise,  coerce,  order,  or
17        command a child under the age of 17 years who is at least
18        3  years  younger  than  the  defendant,  to  meet  under
19        circumstances which,  taken  as  a  whole,  constitute  a
20        substantial step toward the commission of the offense of:
21        aggravated  criminal  sexual  assault, predatory criminal
22        sexual assault  of  a  child,  criminal  sexual  assault,
23        aggravated  criminal sexual abuse, criminal sexual abuse,
24        indecent solicitation of an adult, indecent  solicitation
25        of  a  child,  soliciting  for  a juvenile prostitute, or
26        juvenile pimping; or
27             (2)  Promote,  facilitate,  solicit,   arrange,   or
28        obtain a meeting or liaison with a child under the age of
29        17  years  who  is  at  least  3  years  younger than the
30        defendant under  circumstances  which,  taken  as  whole,
31        constitute  a  substantial  step toward the commission of
                            -2-                LRB9000834RCsb
 1        the  offense  of:  aggravated  criminal  sexual  assault,
 2        predatory criminal sexual assault of  a  child,  criminal
 3        sexual   assault,   aggravated   criminal  sexual  abuse,
 4        criminal sexual abuse, indecent solicitation of an adult,
 5        indecent  solicitation  of  a  child,  soliciting  for  a
 6        juvenile prostitute, or juvenile pimping.
 7        (b)  Sentence.  Solicitation of a minor by computer is  a
 8    Class  4  felony, unless the child involved in the offense is
 9    under the age of 13 years, in which case  it  is  a  Class  2
10    felony.
11        (c)  Jurisdiction.   An  offense  under  this  Section is
12    committed in this State if the communication or  exchange  of
13    communications,   that   constitutes   the   offense,  either
14    originates in this State or involves the participation  of  a
15    child  under the age of 17 years who is located in this State
16    at the time of communication or exchange of communications.
17        Section 99.  Effective date.  This Act takes effect  upon
18    becoming law.

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