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Public Act 097-0699 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Section 11-9.3 as follows:
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(720 ILCS 5/11-9.3)
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Sec. 11-9.3. Presence within school zone by child sex
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offenders prohibited; approaching, contacting, residing with, | ||||
or communicating with a child within certain places by child | ||||
sex offenders prohibited.
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(a) It is unlawful for a child sex offender to knowingly be | ||||
present in any
school building, on real property comprising any | ||||
school, or in any conveyance
owned, leased, or contracted by a | ||||
school to transport students to or from
school or a school | ||||
related activity when persons under the age of 18 are
present | ||||
in the building, on the grounds or in
the conveyance, unless | ||||
the offender is a parent or guardian of a student attending the | ||||
school and the parent or guardian is: (i) attending a | ||||
conference at the school with school personnel to discuss the | ||||
progress of his or her child academically or socially, (ii) | ||||
participating in child review conferences in which evaluation | ||||
and placement decisions may be made with respect to his or her | ||||
child regarding special education services, or (iii) attending |
conferences to discuss other student issues concerning his or | ||
her child such as retention and promotion and notifies the | ||
principal of the school of his or her presence at the school or | ||
unless the
offender has permission to be present from the
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superintendent or the school board or in the case of a private | ||
school from the
principal. In the case of a public school, if | ||
permission is granted, the
superintendent or school board | ||
president must inform the principal of the
school where the sex | ||
offender will be present. Notification includes the
nature of | ||
the sex offender's visit and the hours in which the sex | ||
offender will
be present in the school. The sex offender is | ||
responsible for notifying the
principal's office when he or she | ||
arrives on school property and when he or she
departs from | ||
school property. If the sex offender is to be present in the
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vicinity of children, the sex offender has the duty to remain | ||
under the direct
supervision of a school official.
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(a-5) It is unlawful for a child sex offender to knowingly | ||
be present within 100 feet of a site posted as a pick-up or | ||
discharge stop for a conveyance owned, leased, or contracted by | ||
a school to transport students to or from school or a school | ||
related activity when one or more persons under the age of 18 | ||
are present at the site.
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(a-10) It is unlawful for a child sex offender to knowingly | ||
be present in any
public park building or on real property | ||
comprising any public park
when persons under the age of
18 are
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present in the building or on the grounds
and to approach, |
contact, or communicate with a child under 18 years of
age,
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unless the
offender
is a parent or guardian of a person under | ||
18 years of age present in the
building or on the
grounds. | ||
(b) It is unlawful for a child sex offender to knowingly | ||
loiter within 500 feet of a school building or real property | ||
comprising any school
while persons under the age of 18 are | ||
present in the building or on the
grounds,
unless the offender | ||
is a parent or guardian of a student attending the school and | ||
the parent or guardian is: (i) attending a conference at the | ||
school with school personnel to discuss the progress of his or | ||
her child academically or socially, (ii) participating in child | ||
review conferences in which evaluation and placement decisions | ||
may be made with respect to his or her child regarding special | ||
education services, or (iii) attending conferences to discuss | ||
other student issues concerning his or her child such as | ||
retention and promotion and notifies the principal of the | ||
school of his or her presence at the school or has permission | ||
to be present from the
superintendent or the school board or in | ||
the case of a private school from the
principal. In the case of | ||
a public school, if permission is granted, the
superintendent | ||
or school board president must inform the principal of the
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school where the sex offender will be present. Notification | ||
includes the
nature of the sex offender's visit and the hours | ||
in which the sex offender will
be present in the school. The | ||
sex offender is responsible for notifying the
principal's | ||
office when he or she arrives on school property and when he or |
she
departs from school property. If the sex offender is to be | ||
present in the
vicinity of children, the sex offender has the | ||
duty to remain under the direct
supervision of a school | ||
official.
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(b-2) It is unlawful for a child sex offender to knowingly | ||
loiter on a public
way within 500 feet of a public park | ||
building or real property comprising any
public park
while | ||
persons under the age of 18 are present in the building or on | ||
the
grounds
and to approach, contact, or communicate with a | ||
child under 18 years of
age,
unless the offender
is a parent or | ||
guardian of a person under 18 years of age present in the
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building or on the grounds. | ||
(b-5) It is unlawful for a child sex offender to knowingly | ||
reside within
500 feet of a school building or the real | ||
property comprising any school that
persons under the age of 18 | ||
attend. Nothing in this subsection (b-5) prohibits
a child sex | ||
offender from residing within 500 feet of a school building or | ||
the
real property comprising any school that persons under 18 | ||
attend if the
property is owned by the child sex offender and | ||
was purchased before the
effective date of this amendatory Act | ||
of the 91st General Assembly.
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(b-10) It is unlawful for a child sex offender to knowingly | ||
reside within
500 feet of a playground, child care institution, | ||
day care center, part day child care facility, day care home, | ||
group day care home, or a facility providing programs or | ||
services
exclusively directed toward persons under 18 years of |
age. Nothing in this
subsection (b-10) prohibits a child sex | ||
offender from residing within 500 feet
of a playground or a | ||
facility providing programs or services exclusively
directed | ||
toward persons under 18 years of age if the property is owned | ||
by the
child sex offender and was purchased before July 7, | ||
2000. Nothing in this
subsection (b-10) prohibits a child sex | ||
offender from residing within 500 feet
of a child care | ||
institution, day care center, or part day child care facility | ||
if the property is owned by the
child sex offender and was | ||
purchased before June 26, 2006. Nothing in this subsection | ||
(b-10) prohibits a child sex offender from residing within 500 | ||
feet of a day care home or group day care home if the property | ||
is owned by the child sex offender and was purchased before | ||
August 14, 2008 (the effective date of Public Act 95-821). | ||
(b-15) It is unlawful for a child sex offender to knowingly | ||
reside within
500 feet of the victim of the sex offense. | ||
Nothing in this
subsection (b-15) prohibits a child sex | ||
offender from residing within 500 feet
of the victim if the | ||
property in which the child sex offender resides is owned by | ||
the
child sex offender and was purchased before August 22, | ||
2002. | ||
This subsection (b-15) does not apply if the victim of the | ||
sex offense
is 21 years of age or older. | ||
(b-20) It is unlawful for a child sex offender to knowingly | ||
communicate, other than for a lawful purpose under Illinois | ||
law, using the Internet or any other digital media, with a |
person under 18 years of age or with a person whom he or she | ||
believes to be a person under 18 years of age,
unless the | ||
offender
is a parent or guardian of the person under 18 years | ||
of age. | ||
(c) It is unlawful for a child sex offender to knowingly | ||
operate, manage,
be employed by, volunteer at, be associated | ||
with, or knowingly be present at
any: (i) facility providing
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programs or services exclusively directed toward persons under | ||
the age of 18; (ii) day care center; (iii) part day child care | ||
facility; (iv) child care institution; (v) school providing | ||
before and after school programs for children under 18 years of | ||
age; (vi) day care home; or (vii) group day care home.
This | ||
does not prohibit a child sex offender from owning the real | ||
property upon
which the programs or services are offered or | ||
upon which the day care center, part day child care facility, | ||
child care institution, or school providing before and after | ||
school programs for children under 18 years of age is located, | ||
provided the child sex offender
refrains from being present on | ||
the premises for the hours during which: (1) the
programs or | ||
services are being offered or (2) the day care center, part day | ||
child care facility, child care institution, or school | ||
providing before and after school programs for children under | ||
18 years of age, day care home, or group day care home is | ||
operated. | ||
(c-2) It is unlawful for a child sex offender to | ||
participate in a holiday event involving children under 18 |
years of age, including but not limited to distributing candy | ||
or other items to children on Halloween, wearing a Santa Claus | ||
costume on or preceding Christmas, being employed as a | ||
department store Santa Claus, or wearing an Easter Bunny | ||
costume on or preceding Easter. For the purposes of this | ||
subsection, child sex offender has the meaning as defined in | ||
this Section, but does not include as a sex offense under | ||
paragraph (2) of subsection (d) of this Section, the offense | ||
under subsection (c) of Section 11-1.50 of this Code. This | ||
subsection does not apply to a child sex offender who is a | ||
parent or guardian of children under 18 years of age that are | ||
present in the home and other non-familial minors are not | ||
present. | ||
(c-5) It is unlawful for a child sex offender to knowingly | ||
operate, manage, be employed by, or be associated with any | ||
county fair when persons under the age of 18 are present. | ||
(c-6) It is unlawful for a child sex offender who owns and | ||
resides at residential real estate to knowingly rent any | ||
residential unit within the same building in which he or she | ||
resides to a person who is the parent or guardian of a child or | ||
children under 18 years of age. This subsection shall apply | ||
only to leases or other rental arrangements entered into after | ||
January 1, 2009 (the effective date of Public Act 95-820). | ||
(c-7) It is unlawful for a child sex offender to knowingly | ||
offer or provide any programs or services to persons under 18 | ||
years of age in his or her residence or the residence of |
another or in any facility for the purpose of offering or | ||
providing such programs or services, whether such programs or | ||
services are offered or provided by contract, agreement, | ||
arrangement, or on a volunteer basis. | ||
(c-8) It is unlawful for a child sex offender to knowingly | ||
operate, whether authorized to do so or not, any of the | ||
following vehicles: (1) a vehicle which is specifically | ||
designed, constructed or modified and equipped to be used for | ||
the retail sale of food or beverages, including but not limited | ||
to an ice cream truck; (2) an authorized emergency vehicle; or | ||
(3) a rescue vehicle. | ||
(d) Definitions. In this Section:
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(1) "Child sex offender" means any person who:
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(i) has been charged under Illinois law, or any | ||
substantially similar
federal law
or law of another | ||
state, with a sex offense set forth in
paragraph (2) of | ||
this subsection (d) or the attempt to commit an | ||
included sex
offense, and:
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(A) is convicted of such offense or an attempt | ||
to commit such offense;
or
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(B) is found not guilty by reason of insanity | ||
of such offense or an
attempt to commit such | ||
offense; or
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(C) is found not guilty by reason of insanity | ||
pursuant to subsection
(c) of Section 104-25 of the | ||
Code of Criminal Procedure of 1963 of such offense
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or an attempt to commit such offense; or
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(D) is the subject of a finding not resulting | ||
in an acquittal at a
hearing conducted pursuant to | ||
subsection (a) of Section 104-25 of the Code of
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Criminal Procedure of 1963 for the alleged | ||
commission or attempted commission
of such | ||
offense; or
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(E) is found not guilty by reason of insanity | ||
following a hearing
conducted pursuant to a | ||
federal law or the law of another state | ||
substantially
similar to subsection (c) of Section | ||
104-25 of the Code of Criminal Procedure
of 1963 of | ||
such offense or of the attempted commission of such | ||
offense; or
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(F) is the subject of a finding not resulting | ||
in an acquittal at a
hearing
conducted pursuant to | ||
a federal law or the law of another state | ||
substantially
similar to subsection (a) of Section | ||
104-25 of the Code of Criminal Procedure
of 1963 | ||
for the alleged violation or attempted commission | ||
of such offense; or
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(ii) is certified as a sexually dangerous person | ||
pursuant to the
Illinois
Sexually Dangerous Persons | ||
Act, or any substantially similar federal
law or the | ||
law of another state, when any conduct giving rise to | ||
such
certification is committed or attempted against a |
person less than 18 years of
age; or
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(iii) is subject to the provisions of Section 2 of | ||
the Interstate
Agreements on Sexually Dangerous | ||
Persons Act.
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Convictions that result from or are connected with the | ||
same act, or result
from offenses committed at the same | ||
time, shall be counted for the purpose of
this Section as | ||
one conviction. Any conviction set aside pursuant to law is
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not a conviction for purposes of this Section.
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(2) Except as otherwise provided in paragraph (2.5), | ||
"sex offense"
means:
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(i) A violation of any of the following Sections of | ||
the Criminal Code of
1961: 10-7 (aiding or abetting | ||
child abduction under Section 10-5(b)(10)),
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10-5(b)(10) (child luring), 11-1.40 (predatory | ||
criminal sexual assault of a child), 11-6 (indecent | ||
solicitation of a child), 11-6.5
(indecent | ||
solicitation of an adult),
11-9.1 (sexual exploitation | ||
of a child), 11-14.4 (promoting juvenile | ||
prostitution), 11-18.1
(patronizing a juvenile | ||
prostitute), 11-20.1 (child pornography), 11-20.1B | ||
(aggravated child pornography), 11-21 (harmful
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material), 12-33 (ritualized abuse of a
child), 11-20 | ||
(obscenity) (when that offense was committed in any | ||
school, on
real property comprising any school, in any | ||
conveyance owned,
leased, or contracted by a school to |
transport students to or from school or a
school | ||
related activity, or in a public park), 11-30 (public | ||
indecency) (when committed in a school, on real | ||
property
comprising a school, in any conveyance owned, | ||
leased, or contracted by a
school to transport students | ||
to or from school or a school related activity, or in a | ||
public park). An attempt to commit any of these | ||
offenses.
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(ii) A violation of any of the following Sections | ||
of the Criminal Code
of 1961, when the victim is a | ||
person under 18 years of age: 11-1.20 (criminal
sexual | ||
assault), 11-1.30 (aggravated criminal sexual | ||
assault), 11-1.50 (criminal
sexual abuse), 11-1.60 | ||
(aggravated criminal sexual abuse). An attempt to | ||
commit
any of these offenses.
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(iii) A violation of any of the following Sections | ||
of the Criminal Code
of 1961, when the victim is a | ||
person under 18 years of age and the defendant is
not a | ||
parent of the victim:
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10-1 (kidnapping),
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10-2 (aggravated kidnapping),
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10-3 (unlawful restraint),
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10-3.1 (aggravated unlawful restraint).
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An attempt to commit any of these offenses.
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(iv) A violation of any former law of this State | ||
substantially
equivalent to any offense listed in |
clause (2)(i) of subsection (d) of this
Section.
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(2.5) For the purposes of subsections (b-5) and (b-10) | ||
only, a sex offense means:
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(i) A violation of any of the following Sections of | ||
the Criminal Code of
1961:
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10-5(b)(10) (child luring), 10-7 (aiding or | ||
abetting child abduction
under Section 10-5(b)(10)), | ||
11-1.40 (predatory criminal sexual assault of a | ||
child), 11-6 (indecent solicitation of
a
child), | ||
11-6.5 (indecent solicitation of an adult), 11-14.4 | ||
(promoting juvenile prostitution), 11-18.1
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(patronizing a juvenile prostitute), 11-20.1 (child | ||
pornography), 11-20.1B (aggravated child pornography), | ||
or 12-33 (ritualized abuse of a
child). An attempt
to | ||
commit any of
these offenses.
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(ii) A violation of any of the following Sections | ||
of the Criminal Code
of 1961, when the victim is a | ||
person under 18 years of age: 11-1.20 (criminal
sexual | ||
assault), 11-1.30 (aggravated criminal sexual | ||
assault), 11-1.60
(aggravated criminal sexual abuse), | ||
and subsection (a) of Section 11-1.50
(criminal sexual | ||
abuse). An attempt to commit
any of these offenses.
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(iii) A violation of any of the following Sections | ||
of the Criminal Code
of 1961, when the victim is a | ||
person under 18 years of age and the defendant is
not a | ||
parent of the victim:
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10-1 (kidnapping),
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10-2 (aggravated kidnapping),
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10-3 (unlawful restraint),
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10-3.1 (aggravated unlawful restraint).
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An attempt to commit any of these offenses.
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(iv) A violation of any former law of this State | ||
substantially
equivalent to any offense listed in this | ||
paragraph (2.5) of
this subsection.
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(3) A conviction for an offense of federal law or the | ||
law of another state
that is substantially equivalent to | ||
any offense listed in paragraph (2) of
subsection (d) of | ||
this Section shall constitute a conviction for the purpose | ||
of
this Section. A finding or adjudication as a sexually | ||
dangerous person under
any federal law or law of another | ||
state that is substantially equivalent to the
Sexually | ||
Dangerous Persons Act shall constitute an adjudication for | ||
the
purposes of this Section.
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(4) "Authorized emergency vehicle", "rescue vehicle", | ||
and "vehicle" have the meanings ascribed to them in | ||
Sections 1-105, 1-171.8 and 1-217, respectively, of the | ||
Illinois Vehicle Code. | ||
(5) "Child care institution" has the meaning ascribed | ||
to it in Section 2.06 of the Child Care Act of 1969. | ||
(6) "Day care center" has the meaning ascribed to it in | ||
Section 2.09 of the Child Care Act of 1969. | ||
(7) "Day care home" has the meaning ascribed to it in |
Section 2.18 of the Child Care Act of 1969. | ||
(8) "Facility providing programs or services directed | ||
towards persons under the age of 18" means any facility | ||
providing programs or services exclusively directed | ||
towards persons under the age of 18. | ||
(9) "Group day care home" has the meaning ascribed to | ||
it in Section 2.20 of the Child Care Act of 1969. | ||
(10) "Internet" has the meaning set forth in Section | ||
16J-5 of this Code.
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(11) "Loiter" means:
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(i) Standing, sitting idly, whether or not the | ||
person is in a vehicle, or
remaining in or around | ||
school or public park property.
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(ii) Standing, sitting idly, whether or not the | ||
person is in a vehicle,
or remaining in or around | ||
school or public park property, for the purpose of | ||
committing or
attempting to commit a sex offense.
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(iii) Entering or remaining in a building in or | ||
around school property, other than the offender's | ||
residence. | ||
(12) "Part day child care facility" has the meaning | ||
ascribed to it in Section 2.10 of the Child Care Act of | ||
1969. | ||
(13) "Playground" means a piece of land owned or | ||
controlled by a unit
of
local government that is designated | ||
by the unit of local government for use
solely or primarily |
for children's recreation. | ||
(14) "Public park" includes a park, forest preserve, or
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conservation
area
under the jurisdiction of the State or a | ||
unit of local government. | ||
(15) "School" means a public or private preschool or | ||
elementary or secondary school.
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(16) "School official"
means the principal, a teacher, | ||
or any other certified employee of the
school, the | ||
superintendent of schools or a member of the school board.
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(e) For the purposes of this Section, the 500 feet distance | ||
shall be measured from: (1) the edge of the property of the | ||
school building or the real property comprising the school that | ||
is closest to the edge of the property of the child sex | ||
offender's residence or where he or she is loitering, and (2) | ||
the edge of the property comprising the public park building or | ||
the real property comprising the public park, playground, child | ||
care institution, day care center, part day child care | ||
facility, or facility providing programs or services | ||
exclusively directed toward persons under 18 years of age, or a | ||
victim of the sex offense who is under 21 years of age, to the | ||
edge of the child sex offender's place of residence or place | ||
where he or she is loitering.
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(f) Sentence. A person who violates this Section is guilty | ||
of a Class 4
felony.
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(Source: P.A. 95-331, eff. 8-21-07; 95-440, eff. 8-27-07; | ||
95-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff. 8-21-08; |
96-328, eff. 8-11-09; 96-710, eff. 1-1-10; 96-1551, eff. | ||
7-1-11 .)
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