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Public Act 095-0819
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| HB3399 Enrolled |
LRB095 09791 RLC 32201 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,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing |
Sections 11-9.3 and 11-9.4 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.
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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 |
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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. A child sex |
offender who violates this
provision is
guilty of a Class 4 |
felony.
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Nothing in this Section shall be construed to infringe upon |
the constitutional right of a child sex offender to be present |
in a school building that is used as a polling place for the |
purpose of voting.
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(1) (Blank; or)
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(2) (Blank.)
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(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 |
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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. A child sex offender who violates this
provision is
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guilty of a Class 4 felony.
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(1) (Blank; or)
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(2) (Blank.)
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(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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(c) 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 (c) 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 |
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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 |
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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 and abetting |
child abduction under Section 10-5(b)(10)),
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10-5(b)(10) (child luring), 11-6 (indecent |
solicitation of a child), 11-6.5
(indecent |
solicitation of an adult),
11-9 (public indecency when |
committed in a school, on the real property
comprising |
a school, or on a conveyance, owned, leased, or |
contracted by a
school to transport students to or from |
school or a school related activity),
11-9.1 (sexual |
exploitation of a child), 11-15.1 (soliciting for a |
juvenile
prostitute), 11-17.1 (keeping a place of |
juvenile prostitution), 11-18.1
(patronizing a |
juvenile prostitute), 11-19.1 (juvenile pimping),
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11-19.2 (exploitation of a child), 11-20.1 (child |
pornography), 11-21 (harmful
material), 12-14.1
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(predatory criminal sexual assault of a child), 12-33 |
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(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). 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: 12-13 (criminal
sexual |
assault), 12-14 (aggravated criminal sexual assault), |
12-15 (criminal
sexual abuse), 12-16 (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 (c) of this
Section.
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(2.5) For the purposes of subsection (b-5) only, a sex |
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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 and |
abetting child abduction
under Section |
10-5(b)(10)), 11-6 (indecent solicitation of
a
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child), 11-6.5 (indecent solicitation of an |
adult), 11-15.1 (soliciting for a
juvenile
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prostitute), 11-17.1 (keeping a place of juvenile |
prostitution), 11-18.1
(patronizing a juvenile |
prostitute), 11-19.1 (juvenile pimping),
11-19.2 |
(exploitation of a child), 11-20.1 (child |
pornography), 12-14.1
(predatory criminal sexual |
assault of a child), 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: 12-13 (criminal
sexual |
assault), 12-14 (aggravated criminal sexual assault),
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12-16 (aggravated criminal sexual abuse), and |
subsection (a) of Section 12-15
(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 |
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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 (c) of |
this Section shall constitute a conviction for the purpose |
of
this Article. 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) "School" means a public or private
pre-school, |
elementary, or secondary school.
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(5) "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 |
property.
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(ii) Standing, sitting idly, whether or not the |
person is in a vehicle
or remaining in or around school |
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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.
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(6) "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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(c-5) For the purposes of this Section, the 500 feet |
distance shall be measured from 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.
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(d) Sentence. A person who violates this Section is guilty |
of a Class 4
felony.
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(Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; |
94-170, eff. 7-11-05; revised 9-15-06.)
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(720 ILCS 5/11-9.4)
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Sec. 11-9.4. Approaching, contacting, residing, 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
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, |
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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.
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(b) 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.
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(b-5) 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, or a facility |
providing programs or services
exclusively directed toward |
persons under 18 years of age. Nothing in this
subsection (b-5) |
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 the effective date of this
amendatory Act of |
the 91st General Assembly. Nothing in this
subsection (b-5) |
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 the effective date of this
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amendatory Act of the 94th General Assembly.
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(b-6) 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-6) 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 the effective date of this
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amendatory Act of the 92nd General Assembly.
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This subsection (b-6) does not apply if the victim of the |
sex offense
is 21 years of age or older.
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(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 towards persons |
under the age of 18; (ii) day care center; (iii) part day child |
care facility; (iv) child care institution, or (v) school |
providing before and after school programs for children under |
18 years of age.
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
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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 |
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care institution, or school providing before and after school |
programs for children under 18 years of age is operated.
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(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
|
or an attempt to commit such offense; or
|
(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
|
Criminal Procedure of 1963 for the alleged |
commission or attempted commission
of such |
offense; or
|
(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
|
(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
|
(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
|
(iii) is subject to the provisions of Section 2 of |
the Interstate
Agreements on Sexually Dangerous |
Persons Act.
|
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
|
not a conviction for purposes of this Section.
|
|
(2) Except as otherwise provided in paragraph (2.5), |
"sex offense"
means:
|
(i) A violation of any of the following Sections of |
the Criminal Code of
1961: 10-7 (aiding and abetting |
child abduction under Section 10-5(b)(10)),
|
10-5(b)(10) (child luring), 11-6 (indecent |
solicitation of a child), 11-6.5
(indecent |
solicitation of an adult),
11-9 (public indecency when |
committed in a school, on the real property
comprising |
a school, on a 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),
11-9.1 |
(sexual exploitation of a child), 11-15.1 (soliciting |
for a juvenile
prostitute), 11-17.1 (keeping a place of |
juvenile prostitution), 11-18.1
(patronizing a |
juvenile prostitute), 11-19.1 (juvenile pimping),
|
11-19.2 (exploitation of a child), 11-20.1 (child |
pornography), 11-21 (harmful
material), 12-14.1
|
(predatory criminal sexual assault of a child), 12-33 |
(ritualized abuse of a
child), 11-20 (obscenity) (when |
that offense was committed in any school, on
real |
property comprising any school, on 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.
|
|
(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: 12-13 (criminal
sexual |
assault), 12-14 (aggravated criminal sexual assault), |
12-15 (criminal
sexual abuse), 12-16 (aggravated |
criminal sexual abuse). An attempt to commit
any of |
these offenses.
|
(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:
|
10-1 (kidnapping),
|
10-2 (aggravated kidnapping),
|
10-3 (unlawful restraint),
|
10-3.1 (aggravated unlawful restraint).
|
An attempt to commit any of these offenses.
|
(iv) A violation of any former law of this State |
substantially
equivalent to any offense listed in |
clause (2)(i) of this subsection (d).
|
(2.5) For the purposes of subsection (b-5) only, a sex |
offense means:
|
(i) A violation of any of the following Sections of |
the Criminal Code of
1961:
|
10-5(b)(10) (child luring), 10-7 (aiding and |
abetting child abduction
under Section |
10-5(b)(10)), 11-6 (indecent solicitation of
a
|
|
child), 11-6.5 (indecent solicitation of an |
adult), 11-15.1 (soliciting for a
juvenile
|
prostitute), 11-17.1 (keeping a place of juvenile |
prostitution), 11-18.1
(patronizing a juvenile |
prostitute), 11-19.1 (juvenile pimping),
11-19.2 |
(exploitation of a child), 11-20.1 (child |
pornography), 12-14.1
(predatory criminal sexual |
assault of a child), or 12-33 (ritualized abuse of |
a
child). An attempt
to commit any of
these |
offenses.
|
(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: 12-13 (criminal
sexual |
assault), 12-14 (aggravated criminal sexual assault),
|
12-16 (aggravated criminal sexual abuse), and |
subsection (a) of Section 12-15
(criminal sexual |
abuse). An attempt to commit
any of these offenses.
|
(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:
|
10-1 (kidnapping),
|
10-2 (aggravated kidnapping),
|
10-3 (unlawful restraint),
|
10-3.1 (aggravated unlawful restraint).
|
An attempt to commit any of these offenses.
|
|
(iv) A violation of any former law of this State |
substantially
equivalent to any offense listed in this |
paragraph (2.5) of
this subsection.
|
(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 this
subsection (d) |
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.
|
(4) "Public park" includes a park, forest preserve, or
|
conservation
area
under the jurisdiction of the State or a |
unit of local government.
|
(5) "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.
|
(6) "Loiter" means:
|
(i) Standing, sitting idly, whether or not the |
person is in a vehicle or
remaining in or around public |
park property.
|
(ii) Standing, sitting idly, whether or not the |
person is in a vehicle
or remaining in or around public |
park property, for the purpose of committing
or
|
|
attempting to commit a sex offense.
|
(7) "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.
|
(8) "Child care institution" has the meaning ascribed |
to it in Section 2.06 of the Child Care Act of 1969.
|
(9) "Day care center" has the meaning ascribed to it in |
Section 2.09 of the Child Care Act of 1969. |
(10) "Part day child care facility" has the meaning |
ascribed to it in Section 2.10 of the Child Care Act of |
1969.
|
(d-5) For the purposes of this Section, the 500 feet |
distance shall be measured from 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 |
a 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 where he or she is |
loitering.
|
(e) Sentence. A person who violates this Section is guilty |
of a Class 4
felony.
|
(Source: P.A. 94-925, eff. 6-26-06.)
|