|  |
Public Act 095-0143
Public Act 0143 95TH GENERAL ASSEMBLY
|
|
Public Act 095-0143
|
| HB2858 Enrolled |
LRB095 06097 RLC 26190 b |
|
| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Criminal Code of 1961 is amended by changing | Section 11-6 as follows:
| (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
| Sec. 11-6. Indecent solicitation of a child.
| (a) A person of the age of 17 years and upwards commits the | offense of
indecent solicitation of a child if the person, with | the intent that the
offense of aggravated criminal sexual | assault, criminal sexual assault,
predatory criminal sexual | assault of a child, or aggravated criminal sexual
abuse be | committed, knowingly solicits a child or one whom he or she | believes
to be a child to perform an act of sexual penetration | or sexual conduct as
defined in Section 12-12 of this Code.
| (a-5) A person of the age of 17 years and upwards commits | the offense of
indecent solicitation of a child if the person | knowingly discusses an act of sexual conduct or sexual | penetration with a child or with one whom he or she believes
to | be a child by means of the Internet with the intent that the | offense of aggravated criminal sexual assault, predatory | criminal sexual assault of a child, or aggravated criminal | sexual abuse be committed. |
| (a-6) It is not a defense to subsection (a-5) that the | person did not solicit the child to perform sexual conduct or | sexual penetration with the person.
| (b) Definitions. As used in this Section:
| "Solicit" means to command, authorize, urge, incite, | request, or
advise another to perform an act by any means | including, but not limited to, in
person, over the phone, | in writing, by computer, or by advertisement of any
kind.
| "Child" means a person under 17 years of age.
| "Internet" means an interactive computer service or | system or an
information service, system, or access | software provider that provides or
enables computer access | by multiple users to a computer server, and includes,
but | is not limited to, an information service, system, or | access software
provider that provides access to a network | system commonly known as the
Internet, or any comparable | system or service and also includes, but is not
limited to, | a World Wide Web page, newsgroup, message board, mailing | list, or
chat area on any interactive computer service or | system or other online
service.
| "Sexual penetration" or "sexual conduct" are defined | in Section 12-12 of this Code.
| (c) Sentence. Indecent solicitation of a child under | subsection (a) is:
| (1) a Class 1 felony when the act, if done, would be | predatory criminal
sexual assault of a child or aggravated |
| criminal sexual assault;
| (2) a Class 2 felony when the act, if done, would be | criminal sexual
assault;
| (3) a Class 3 felony when the act, if done, would be | aggravated criminal
sexual abuse.
| Indecent solicitation of a child under subsection (a-5) is | a Class 4 felony.
| (Source: P.A. 91-226, eff. 7-22-99.)
|
Effective Date: 1/1/2008
|
|
|
|
Translate
