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90_SB1429
720 ILCS 5/11-6 from Ch. 38, par. 11-6
Amends the Criminal Code of 1961. Provides that a person
of the age of 17 years and upwards commits the offense of
indecent solicitation of a child if the person knowingly
solicits another to perform an act of sexual penetration or
sexual conduct with the intent that aggravated criminal
sexual assault, criminal sexual assault, predatory criminal
sexual assault of a child, or aggravated criminal sexual
abuse be committed (now solicits a child under the age of 13
to do any act, or solicits a person to arrange an act with a
child under the age of 13, which if done would be aggravated
criminal sexual assault, predatory criminal sexual assault of
a child, criminal sexual assault, aggravated criminal sexual
abuse, or criminal sexual abuse). Provides that indecent
solicitation of a child is a Class 1 felony when the act, if
done, would be predatory criminal sexual assault of a child
or aggravated criminal sexual assault; a Class 2 felony when
the act, if done, would be criminal sexual assault; and a
Class 3 felony when the act, if done, would be aggravated
criminal sexual abuse (now a Class A misdemeanor when the
act, if done, would be criminal sexual abuse and a Class 4
felony when the act, if done, would be criminal sexual
assault, aggravated criminal sexual assault, or aggravated
criminal sexual abuse). Effective immediately.
LRB9011201MWpc
LRB9011201MWpc
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 11-6.
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 changing Section 11-6 as follows:
7 (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
8 Sec. 11-6. Indecent solicitation of a child.
9 (a) A person of the age of 17 years and upwards commits
10 the offense of indecent solicitation of a child if the person
11 knowingly solicits another to perform an act of sexual
12 penetration or sexual conduct as defined in Section 12-12 of
13 the Criminal Code of 1961 with the intent that aggravated
14 criminal sexual assault, criminal sexual assault, predatory
15 criminal sexual assault of a child, or aggravated criminal
16 sexual abuse be committed.
17 (b) Definition. "Solicit" means to command, authorize,
18 urge, incite, request, or advise another to perform an act by
19 any means, including, but not limited to, in person, over the
20 phone, in writing, by computer, or by advertisement of any
21 kind.
22 (c) Sentence. Indecent solicitation of a child is:
23 (1) A Class 1 felony when the act, if done, would
24 be predatory criminal sexual assault of a child or
25 aggravated criminal sexual assault.
26 (2) A Class 2 felony when the act, if done, would
27 be criminal sexual assault.
28 (3) A Class 3 felony when the act, if done, would
29 be aggravated criminal sexual abuse. A person of the age
30 of 17 years and upwards who solicits a child under the
31 age of 13 to do any act, or solicits a person to arrange
-2- LRB9011201MWpc
1 an act with a child under the age of 13, which if done
2 would be aggravated criminal sexual assault, predatory
3 criminal sexual assault of a child, criminal sexual
4 assault, aggravated criminal sexual abuse or criminal
5 sexual abuse, commits indecent solicitation of a child.
6 (b) It shall not be a defense to indecent solicitation
7 of a child that the accused reasonably believed the child to
8 be of the age of 13 years and upwards.
9 (c) Sentence.
10 Indecent solicitation of a child is:
11 (1) a Class A misdemeanor when the act, if done,
12 would be criminal sexual abuse;
13 (2) a Class 4 felony when the act, if done, would
14 be criminal sexual assault, aggravated criminal sexual
15 assault, or aggravated criminal sexual abuse.
16 (d) For the purposes of this Section, "solicits"
17 includes but is not limited to oral or written communication
18 and communication by telephone, computer, or other electronic
19 means. "Computer" has the meaning ascribed to it in Section
20 16D-2 of this Code.
21 (Source: P.A. 89-8, eff. 3-21-95; 89-203, eff. 7-21-95;
22 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.