[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] | [ House Amendment 002 ] |
| [ House Amendment 003 ] |
90_HB0152eng
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
HB0152 Engrossed LRB9000834RCsb
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 11-6, 11-6.5, 11-15.1, and 11-19.1 and adding
3 Section 16D-5.5.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Criminal Code of 1961 is amended by
7 changing Sections 11-6, 11-6.5, 11-15.1, and 11-19.1 and
8 adding Section 16D-5.5 as follows:
9 (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
10 Sec. 11-6. Indecent solicitation of a child.
11 (a) A person of the age of 17 years and upwards who
12 solicits a child under the age of 17, who is at least 3 years
13 younger than the defendant, 13 to do any act, or solicits a
14 person to arrange an act with a child under the age of 17,
15 who is at least 3 years younger than the defendant, 13, which
16 if done would be aggravated criminal sexual assault,
17 predatory criminal sexual assault of a child, criminal sexual
18 assault, aggravated criminal sexual abuse, or criminal sexual
19 abuse, commits indecent solicitation of a child.
20 (b) It shall not be a defense to indecent solicitation
21 of a child that the accused reasonably believed the child to
22 be of the age of 17 13 years and upwards.
23 (c) Sentence.
24 Indecent solicitation of a child is:
25 (1) a Class A misdemeanor when the act, if done,
26 would be criminal sexual abuse;
27 (2) a Class 4 felony when the act, if done, would
28 be criminal sexual assault, aggravated criminal sexual
29 assault, or aggravated criminal sexual abuse.
30 (d) For the purposes of this Section, "solicits"
31 includes but is not limited to oral or written communication
HB0152 Engrossed -2- LRB9000834RCsb
1 and communication by telephone, computer, or other electronic
2 means. "Computer" has the meaning ascribed to it in Section
3 16D-2 of this Code.
4 (Source: P.A. 89-8, eff. 3-21-95; 89-203, eff. 7-21-95;
5 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
6 (720 ILCS 5/11-6.5)
7 Sec. 11-6.5. Indecent solicitation of an adult.
8 (a) A person commits indecent solicitation of an adult
9 if the person:
10 (1) Arranges for a person 17 years of age or over
11 to commit an act of sexual penetration as defined in
12 Section 12-12 with a person:
13 (i) under the age of 17 13 years; or
14 (ii) Thirteen years of age or over but under
15 the age of 17 years; or
16 (2) Arranges for a person 17 years of age or over
17 to commit an act of sexual conduct as defined in Section
18 12-12 with a person:
19 (i) under the age of 17 13 years.; or
20 (ii) Thirteen years of age or older but under
21 the age of 17 years.
22 (b) Sentence.
23 (1) (Blank). Violation of paragraph (a)(1)(i) is a
24 Class X felony.
25 (2) Violation of paragraph (a)(1)(ii) is a Class 1
26 felony unless the child involved in the offense is under
27 the age of 13 years, in which case it is a Class X
28 felony.
29 (3) (Blank). Violation of paragraph (a)(2)(i) is a
30 Class 2 felony.
31 (4) Violation of paragraph (a)(2)(ii) is a Class A
32 misdemeanor unless the child involved in the offense is
33 under the age of 13, in which case it is a Class 2
HB0152 Engrossed -3- LRB9000834RCsb
1 felony.
2 (c) For the purposes of this Section, "arranges"
3 includes but is not limited to oral or written communication
4 and communication by telephone., computer, or other
5 electronic means. "Computer" has the meaning ascribed to it
6 in Section 16D-2 of this Code.
7 (Source: P.A. 88-165; 89-203, eff. 7-21-95.)
8 (720 ILCS 5/11-15.1) (from Ch. 38, par. 11-15.1)
9 Sec. 11-15.1. Soliciting for a Juvenile Prostitute. (a)
10 Any person who violates any of the provisions of Section
11 11-15(a) of this Act commits soliciting for a juvenile
12 prostitute where the prostitute for whom such person is
13 soliciting is under 17 16 years of age or is an
14 institutionalized severely or profoundly mentally retarded
15 person.
16 (b) It is an affirmative defense to a charge of
17 soliciting for a juvenile prostitute that the accused
18 reasonably believed the person was of the age of 17 16 years
19 or over or was not an institutionalized severely or
20 profoundly mentally retarded person at the time of the act
21 giving rise to the charge.
22 (c) Sentence.
23 Soliciting for a juvenile prostitute is a Class 1 felony.
24 (Source: P.A. 85-1392.)
25 (720 ILCS 5/11-19.1) (from Ch. 38, par. 11-19.1)
26 Sec. 11-19.1. Juvenile Pimping.
27 (a) Any person who receives any money, property, token,
28 object, or article or anything of value from a prostitute
29 under 17 16 years of age or from a prostitute who is an
30 institutionalized severely or profoundly mentally retarded
31 person, not for a lawful consideration, knowing it was earned
32 in whole or in part from the practice of prostitution,
HB0152 Engrossed -4- LRB9000834RCsb
1 commits juvenile pimping.
2 (b) It is an affirmative defense to a charge of juvenile
3 pimping that the accused reasonably believed the person was
4 of the age of 17 16 years or over or was not an
5 institutionalized severely or profoundly mentally retarded
6 person at the time of the act giving rise to the charge.
7 (c) Sentence.
8 Juvenile pimping is a Class 1 felony.
9 (Source: P.A. 88-680, eff. 1-1-95.)
10 (720 ILCS 5/16D-5.5 new)
11 Sec. 16D-5.5. Solicitation of a minor by computer.
12 (a) Any person 17 years of age or older commits the
13 offense of solicitation of a minor by computer when he or she
14 knowingly offers any communication, or engages in an exchange
15 of communication, by way of computer, or through or upon any
16 computer-linked network or system with a child under the age
17 of 17 years who is at least 3 years younger than the
18 defendant, with an intent to commit any of the following
19 offenses: indecent solicitation of an adult, indecent
20 solicitation of a child, soliciting for a juvenile
21 prostitute, or juvenile pimping.
22 (b) Sentence. Solicitation of a minor by computer is a
23 Class 4 felony.
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.