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Public Act 096-0199 |
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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 12-6.4 as follows: | ||||
(720 ILCS 5/12-6.4) | ||||
Sec. 12-6.4. Criminal street gang recruitment on school | ||||
grounds or public property adjacent to school grounds and | ||||
criminal street gang recruitment of a minor . | ||||
(a) A person commits the offense of criminal street gang | ||||
recruitment on school grounds or public property adjacent to | ||||
school grounds when on school grounds or public property | ||||
adjacent to school grounds, he or she threatens the use of | ||||
physical force to coerce, solicit, recruit, or
induce another | ||||
person to join or remain a member of a criminal street gang, or | ||||
conspires to do so. | ||||
(a-5) A person commits the offense of criminal street gang | ||||
recruitment of a minor when he or she threatens the use of | ||||
physical force to coerce, solicit, recruit, or induce another | ||||
person to join or remain a member of a criminal street gang, or | ||||
conspires to do so, whether or not such threat is communicated | ||||
in person, by means of the Internet, or by means of a | ||||
telecommunications device. |
(b) Sentence. Criminal street gang recruitment on school | ||
grounds or public property adjacent to school grounds is a | ||
Class 1 felony and criminal street gang recruitment of a minor | ||
is a Class 1 felony . | ||
(c) In this Section : | ||
"Criminal , "criminal street gang" has the meaning | ||
ascribed to it in Section 10 of the Illinois Streetgang | ||
Terrorism Omnibus Prevention Act . and | ||
"School "school grounds" means the building or | ||
buildings or real property comprising a public or private | ||
elementary or secondary school, community college, | ||
college, or university and includes a school yard, school | ||
playing field, or school playground.
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"Minor" means any person under 18 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. | ||
"Telecommunications device" means a device that is |
capable of receiving or transmitting speech, data, | ||
signals, text, images, sounds, codes, or other information | ||
including, but not limited to, paging devices, telephones, | ||
and cellular and mobile telephones. | ||
(Source: P.A. 93-938, eff. 1-1-05.)
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