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90_HB2558eng
720 ILCS 5/12-21.7 new
Amends the Criminal Code of 1961. Provides that it is a
Class A misdemeanor for a first offense and a Class 4 felony
for a second or subsequent offense for a person to send a
message to a minor by telephone, e-mail, the Internet, or
online service, that is harmful material, with the intent of
arousing, appealing to, or gratifying the lust or passions or
sexual desires of the person or of the minor with the intent
of seducing a minor.
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HB2558 Engrossed LRB9009322RCmb
1 AN ACT to amend the Criminal Code of 1961 by adding
2 Section 12-21.7.
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 12-21.7 as follows:
7 (720 ILCS 5/12-21.7 new)
8 Sec. 12-21.7. Seduction of a minor.
9 (a) Every person who, with knowledge that a person is a
10 minor under 18 years of age, or who fails to exercise
11 reasonable care in ascertaining the true age of a minor,
12 knowingly distributes, sends, causes to be sent, exhibits, or
13 offers to distribute or exhibit by any means, including, but
14 not limited to, live or recorded telephone messages, any
15 harmful material, as defined in Section 11-21 of this Code,
16 to a minor under 18 years of age with the intent of arousing,
17 appealing to, or gratifying the lust or passions or sexual
18 desires of that person or of a minor, and with the intent or
19 for the purpose of seducing a minor, is guilty of seduction
20 of a minor.
21 (b) Every person who, with knowledge that a person is a
22 minor under 18 years of age, or who fails to exercise
23 reasonable care in ascertaining the true age of a minor,
24 knowingly distributes, sends, causes to be sent, exhibits, or
25 offers to distribute or exhibit by electronic mail, the
26 Internet, or a commercial online service, any harmful
27 material, as defined in Section 11-21 of this Code, to a
28 minor under 18 years of age with the intent of arousing,
29 appealing to, or gratifying the lust or passions or sexual
30 desires of that person or of a minor, and with the intent or
31 for the purpose of seducing a minor, is guilty of seduction
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1 of a minor.
2 (c) It shall be a defense to any prosecution under this
3 Section that a parent or guardian committed the act charged
4 in aid of legitimate sex education.
5 (d) It shall be a defense in any prosecution under this
6 Section that the act charged was committed in aid of
7 legitimate scientific or educational purposes.
8 (e) It does not constitute a violation of this Section
9 for a telephone corporation, a cable television service as
10 defined in Section 16-10 of this Code, or any of its
11 affiliates, an Internet service provider, or commercial
12 online service provider, to carry, broadcast, or transmit
13 messages described in this Section or perform related
14 activities in providing telephone, cable television,
15 Internet, or commercial online services.
16 (f) Sentence. Seduction of a minor is a Class A
17 misdemeanor. A second or subsequent violation of this
18 Section is a Class 4 felony.