Public Act 096-0280
HB2513 Enrolled LRB096 09214 RLC 19366 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 11-21 as follows:
    (720 ILCS 5/11-21)  (from Ch. 38, par. 11-21)
    (Text of Section after amendment by P.A. 95-983)
    Sec. 11-21. Harmful material.
    (a) As used in this Section:
        "Distribute" means transfer possession of, whether
    with or without consideration.
        "Harmful to minors" means that quality of any
    description or representation, in whatever form, of
    nudity, sexual conduct, sexual excitement, or
    sado-masochistic abuse, when, taken as a whole, it (i)
    predominately appeals to the prurient interest in sex of
    minors, (ii) is patently offensive to prevailing standards
    in the adult community in the State as a whole with respect
    to what is suitable material for minors, and (iii) lacks
    serious literary, artistic, political, or scientific value
    for minors.
        "Knowingly" means having knowledge of the contents of
    the subject matter, or recklessly failing to exercise
    reasonable inspection which would have disclosed the
        "Material" means (i) any picture, photograph, drawing,
    sculpture, film, video game, computer game, video or
    similar visual depiction, including any such
    representation or image which is stored electronically, or
    (ii) any book, magazine, printed matter however
    reproduced, or recorded audio of any sort.
        "Minor" means any person under the age of 18.
        "Nudity" means the showing of the human male or female
    genitals, pubic area or buttocks with less than a full
    opaque covering, or the showing of the female breast with
    less than a fully opaque covering of any portion below the
    top of the nipple, or the depiction of covered male
    genitals in a discernably turgid state.
        "Sado-masochistic abuse" means flagellation or torture
    by or upon a person clad in undergarments, a mask or
    bizarre costume, or the condition of being fettered, bound
    or otherwise physically restrained on the part of one
    clothed for sexual gratification or stimulation.
        "Sexual conduct" means acts of masturbation, sexual
    intercourse, or physical contact with a person's clothed or
    unclothed genitals, pubic area, buttocks or, if such person
    be a female, breast.
        "Sexual excitement" means the condition of human male
    or female genitals when in a state of sexual stimulation or
    (b) A person is guilty of distributing harmful material to
a minor when he or she:
        (1) knowingly sells, lends, distributes, exhibits to,
    depicts to, or gives away to a minor, knowing that the
    minor is under the age of 18 or failing to exercise
    reasonable care in ascertaining the person's true age:
            (A) any material which depicts nudity, sexual
        conduct or sado-masochistic abuse, or which contains
        explicit and detailed verbal descriptions or narrative
        accounts of sexual excitement, sexual conduct or
        sado-masochistic abuse, and which taken as a whole is
        harmful to minors;
            (B) a motion picture, show, or other presentation
        which depicts nudity, sexual conduct or
        sado-masochistic abuse and is harmful to minors; or
            (C) an admission ticket or pass to premises where
        there is exhibited or to be exhibited such a motion
        picture, show, or other presentation; or
        (2) admits a minor to premises where there is exhibited
    or to be exhibited such a motion picture, show, or other
    presentation, knowing that the minor is a person under the
    age of 18 or failing to exercise reasonable care in
    ascertaining the person's true age.
    (c) In any prosecution arising under this Section, it is an
affirmative defense:
        (1) that the minor as to whom the offense is alleged to
    have been committed exhibited to the accused a draft card,
    driver's license, birth certificate or other official or
    apparently official document purporting to establish that
    the minor was 18 years of age or older, which was relied
    upon by the accused;
        (2) that the defendant was in a parental or
    guardianship relationship with the minor or that the minor
    was accompanied by a parent or legal guardian;
        (3) that the defendant was a bona fide school, museum,
    or public library, or was a person acting in the course of
    his or her employment as an employee or official of such
    organization or retail outlet affiliated with and serving
    the educational purpose of such organization;
        (4) that the act charged was committed in aid of
    legitimate scientific or educational purposes; or
        (5) that an advertisement of harmful material as
    defined in this Section culminated in the sale or
    distribution of such harmful material to a child under
    circumstances where there was no personal confrontation of
    the child by the defendant, his employees, or agents, as
    where the order or request for such harmful material was
    transmitted by mail, telephone, Internet or similar means
    of communication, and delivery of such harmful material to
    the child was by mail, freight, Internet or similar means
    of transport, which advertisement contained the following
    statement, or a substantially similar statement, and that
    the defendant required the purchaser to certify that he or
    she was not under the age of 18 and that the purchaser
    falsely stated that he or she was not under the age of 18:
    "NOTICE: It is unlawful for any person under the age of 18
    to purchase the matter advertised. Any person under the age
    of 18 that falsely states that he or she is not under the
    age of 18 for the purpose of obtaining the material
    advertised is guilty of a Class B misdemeanor under the
    laws of the State."
    (d) The predominant appeal to prurient interest of the
material shall be judged with reference to average children of
the same general age of the child to whom such material was
sold, lent, distributed or given, unless it appears from the
nature of the matter or the circumstances of its dissemination
or distribution that it is designed for specially susceptible
groups, in which case the predominant appeal of the material
shall be judged with reference to its intended or probable
recipient group.
    (e) Distribution of harmful material in violation of this
Section is a Class A misdemeanor. A second or subsequent
offense is a Class 4 felony.
    (f) Any person under the age of 18 that falsely states,
either orally or in writing, that he or she is not under the
age of 18, or that presents or offers to any person any
evidence of age and identity that is false or not actually his
or her own for the purpose of ordering, obtaining, viewing, or
otherwise procuring or attempting to procure or view any
harmful material is guilty of a Class B misdemeanor.
    (g) A person over the age of 18 who fails to exercise
reasonable care in ascertaining the true age of a minor,
knowingly distributes to, or sends, or causes to be sent, or
exhibits to, or offers to distribute, or exhibits any harmful
material to a person that he or she believes is a minor is
guilty of a Class A misdemeanor. If that person utilized a
computer web camera, cellular telephone, or any other type of
device to manufacture the harmful material, then each offense
is a Class 4 felony.
    (h) Telecommunications carriers, commercial mobile service
providers, and providers of information services, including,
but not limited to, Internet service providers and hosting
service providers, are not liable under this Section, except
for willful and wanton misconduct, by virtue of the
transmission, storage, or caching of electronic communications
or messages of others or by virtue of the provision of other
related telecommunications, commercial mobile services, or
information services used by others in violation of this
(Source: P.A. 94-315, eff. 1-1-06; 95-983, eff. 6-1-09.)

Effective Date: 1/1/2010