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| [ Introduced ] | [ House Amendment 001 ] |
92_HB5637eng HB5637 Engrossed LRB9214601LBpc 1 AN ACT concerning criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 adding Section 12-21.7 as follows: 6 (720 ILCS 5/12-21.7 new) 7 Sec. 12-21.7. Seduction of a minor. 8 (a) Every person who, with knowledge that a person is a 9 minor under 18 years of age, or who fails to exercise 10 reasonable care in ascertaining the true age of a minor, 11 knowingly distributes, sends, causes to be sent, exhibits, or 12 offers to distribute or exhibit by any means, including, but 13 not limited to, live or recorded telephone messages, any 14 harmful material, as defined in Section 11-21 of this Code, 15 exclusively to a minor under 18 years of age with the intent 16 of arousing, appealing to, or gratifying the lust or passions 17 or sexual desires of that person or of that minor, and with 18 the intent or for the purpose of seducing that minor, is 19 guilty of seduction of a minor. 20 (b) Every person who, with knowledge that a person is a 21 minor under 18 years of age, or who fails to exercise 22 reasonable care in ascertaining the true age of a minor, 23 knowingly distributes, sends, causes to be sent, exhibits, or 24 offers to distribute or exhibit by electronic mail, the 25 Internet, or a commercial online service, any harmful 26 material, as defined in Section 11-21 of this Code, 27 exclusively to a minor under 18 years of age with the intent 28 of arousing, appealing to, or gratifying the lust or passions 29 or sexual desires of that person or of that minor, and with 30 the intent or for the purpose of seducing that minor, is 31 guilty of seduction of a minor. HB5637 Engrossed -2- LRB9214601LBpc 1 (c) It is a defense to any prosecution under this 2 Section that a parent or guardian committed the act charged 3 in aid of legitimate sex education. 4 (d) It is a defense in any prosecution under this 5 Section that the act charged was committed in aid of 6 legitimate scientific or educational purposes. 7 (e) It does not constitute a violation of this Section 8 for a telephone corporation, a cable television service as 9 defined in Section 16-10 of this Code, or any of its 10 affiliates, an Internet service provider, or commercial 11 online service provider, to carry, broadcast, or transmit 12 messages described in this Section or perform related 13 activities in providing telephone, cable television, 14 Internet, or commercial online services. 15 (f) Sentence. Seduction of a minor is a Class 4 felony. 16 A second or subsequent violation of this Section is a Class 3 17 felony.