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91_HB0295
LRB9100826RCksA
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 11-6 and 11-6.5 and adding 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 changing Sections 11-6 and 11-6.5 and adding Section 16D-5.5
7 as follows:
8 (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
9 Sec. 11-6. Indecent solicitation of a child.
10 (a) A person of the age of 17 years and upwards who
11 solicits a child under the age of 17, who is at least 3 years
12 younger than the defendant, 13 to do any act, or solicits a
13 person to arrange an act with a child under the age of 17,
14 who is at least 3 years younger than the defendant, 13, which
15 if done would be aggravated criminal sexual assault,
16 predatory criminal sexual assault of a child, criminal sexual
17 assault, aggravated criminal sexual abuse, or criminal sexual
18 abuse, commits indecent solicitation of a child.
19 (b) It shall not be a defense to indecent solicitation
20 of a child that the accused reasonably believed the child to
21 be of the age that the accused would not be in violation of
22 subsection (a) of 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
-2- LRB9100826RCksA
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: (i) under the age of 17 13
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: (i) under the age of 17 13 years. ;
19 or
20 (ii) Thirteen years of age or older but under
21 the age of 17 years.
22 (b) Sentence.
23 (1) Violation of paragraph (a)(1)(i) is a Class X
24 felony.
25 (1) (2) Violation of paragraph (a)(1)(ii) is a
26 Class 1 felony unless the victim is under 13 years of
27 age. Violation of paragraph (a)(1) is a Class X felony
28 if the victim is under 13 years of age.
29 (3) Violation of paragraph (a)(2)(i) is a Class 2
30 felony.
31 (2) (4) Violation of paragraph (a)(2)(ii) is a
32 Class A misdemeanor unless the victim is under 13 years
33 of age. Violation of paragraph (a)(2) is a Class 4
-3- LRB9100826RCksA
1 felony if the victim is under 13 years of age.
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 electronic
5 means. "Computer" has the meaning ascribed to it in Section
6 16D-2 of this Code.
7 (Source: P.A. 88-165; 89-203, eff. 7-21-95.)
8 (720 ILCS 5/16D-5.5 new)
9 Sec. 16D-5.5. Solicitation of a minor by computer.
10 (a) Any person 17 years of age or older commits the
11 offense of solicitation of a minor by computer when he or she
12 knowingly offers any communication, or engages in an exchange
13 of communication, by way of computer, or through or upon any
14 computer-linked network or system with a child under the age
15 of 17 years who is at least 3 years younger than the
16 defendant, with an intent to commit any of the following
17 offenses: indecent solicitation of an adult, indecent
18 solicitation of a child, soliciting for a juvenile
19 prostitute, or juvenile pimping.
20 (b) Sentence. Solicitation of a minor by computer is a
21 Class 4 felony unless the victim is under 13 years of age.
22 Solicitation of a minor by computer is a Class 2 felony if
23 the victim is under 13 years of age.
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.