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| Public Act 096-1090 | ||||
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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 11-9.1 as follows:
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(720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
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Sec. 11-9.1. Sexual exploitation of a child.
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(a) Any person commits sexual exploitation of a child if in | ||||
the presence
or virtual presence, or both, of a child and with | ||||
intent or knowledge that a child or one whom he or she believes | ||||
to be a child would view his or her
acts, that person:
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(1) engages in a sexual act; or
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(2) exposes his or her sex organs, anus or breast for | ||||
the purpose of
sexual arousal or gratification of such | ||||
person or the child or one whom he or she believes to be a | ||||
child.
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(a-5) A person commits sexual exploitation of a child who | ||||
knowingly
entices, coerces, or persuades a child to remove the | ||||
child's clothing for the
purpose of sexual arousal or | ||||
gratification of the person or the child, or
both.
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(b) Definitions. As used in this Section:
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"Sexual act" means masturbation, sexual conduct or sexual | ||||
penetration
as defined in Section 12-12 of this Code.
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"Sex offense" means any violation
of
Article 11 of this | ||
Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15,
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12-16, or 12-16.2 of this Code.
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"Child" means a person under 17 years of age.
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"Virtual presence" means an environment that is created | ||
with software and presented to the user and or receiver via the | ||
Internet, in such a way that the user appears in front of the | ||
receiver on the computer monitor or screen or hand held | ||
portable electronic device, usually through a web camming | ||
program. "Virtual presence" includes primarily experiencing | ||
through sight or sound, or both, a video image that can be | ||
explored interactively at a personal computer or hand held | ||
communication device, or both. | ||
"Webcam" means a video capturing device connected to a | ||
computer or computer network that is designed to take digital | ||
photographs or live or recorded video which allows for the live | ||
transmission to an end user over the Internet. | ||
(c) Sentence.
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(1) Sexual exploitation of a child is a Class A | ||
misdemeanor. A second
or subsequent violation of this | ||
Section or a substantially similar law of another state is | ||
a Class 4 felony.
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(2) Sexual exploitation of a child is a Class 4 felony | ||
if the person has
been previously convicted of a sex | ||
offense. | ||
(3) Sexual exploitation of a child is a Class 4 felony | ||
if the victim was under 13 years of age at the time of the | ||
commission of the offense.
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(Source: P.A. 94-140, eff. 7-7-05.)
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