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Public Act 095-0143
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| HB2858 Enrolled |
LRB095 06097 RLC 26190 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing |
Section 11-6 as follows:
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(720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
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Sec. 11-6. Indecent solicitation of a child.
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(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.
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(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. |
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(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.
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(b) Definitions. As used in this Section:
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"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.
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"Child" means a person under 17 years of age.
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"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.
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"Sexual penetration" or "sexual conduct" are defined |
in Section 12-12 of this Code.
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(c) Sentence. Indecent solicitation of a child under |
subsection (a) is:
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(1) a Class 1 felony when the act, if done, would be |
predatory criminal
sexual assault of a child or aggravated |