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Public Act 102-1096


 

Public Act 1096 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-1096
 
HB5441 EnrolledLRB102 25463 RLC 34749 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 2012 is amended by
changing Section 11-0.1 as follows:
 
    (720 ILCS 5/11-0.1)
    Sec. 11-0.1. Definitions. In this Article, unless the
context clearly requires otherwise, the following terms are
defined as indicated:
    "Accused" means a person accused of an offense prohibited
by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
this Code or a person for whose conduct the accused is legally
responsible under Article 5 of this Code.
    "Adult obscenity or child pornography Internet site". See
Section 11-23.
    "Advance prostitution" means:
        (1) Soliciting for a prostitute by performing any of
    the following acts when acting other than as a prostitute
    or a patron of a prostitute:
            (A) Soliciting another for the purpose of
        prostitution.
            (B) Arranging or offering to arrange a meeting of
        persons for the purpose of prostitution.
            (C) Directing another to a place knowing the
        direction is for the purpose of prostitution.
        (2) Keeping a place of prostitution by controlling or
    exercising control over the use of any place that could
    offer seclusion or shelter for the practice of
    prostitution and performing any of the following acts when
    acting other than as a prostitute or a patron of a
    prostitute:
            (A) Knowingly granting or permitting the use of
        the place for the purpose of prostitution.
            (B) Granting or permitting the use of the place
        under circumstances from which he or she could
        reasonably know that the place is used or is to be used
        for purposes of prostitution.
            (C) Permitting the continued use of the place
        after becoming aware of facts or circumstances from
        which he or she should reasonably know that the place
        is being used for purposes of prostitution.
    "Agency". See Section 11-9.5.
    "Arranges". See Section 11-6.5.
    "Bodily harm" means physical harm, and includes, but is
not limited to, sexually transmitted disease, pregnancy, and
impotence.
    "Care and custody". See Section 11-9.5.
    "Child care institution". See Section 11-9.3.
    "Child pornography". See Section 11-20.1.
    "Child sex offender". See Section 11-9.3.
    "Community agency". See Section 11-9.5.
    "Conditional release". See Section 11-9.2.
    "Consent" means a freely given agreement to the act of
sexual penetration or sexual conduct in question. Lack of
verbal or physical resistance or submission by the victim
resulting from the use of force or threat of force by the
accused shall not constitute consent. The manner of dress of
the victim at the time of the offense shall not constitute
consent.
    "Custody". See Section 11-9.2.
    "Day care center". See Section 11-9.3.
    "Depict by computer". See Section 11-20.1.
    "Depiction by computer". See Section 11-20.1.
    "Disseminate". See Section 11-20.1.
    "Distribute". See Section 11-21.
    "Family member" means a parent, grandparent, child, aunt,
uncle, great-aunt, or great-uncle, whether by whole blood,
half-blood, or adoption, and includes a step-grandparent,
step-parent, or step-child. "Family member" also means, if the
victim is a child under 18 years of age, an accused who has
resided in the household with the child continuously for at
least 6 months.
    "Force or threat of force" means the use of force or
violence or the threat of force or violence, including, but
not limited to, the following situations:
        (1) when the accused threatens to use force or
    violence on the victim or on any other person, and the
    victim under the circumstances reasonably believes that
    the accused has the ability to execute that threat; or
        (2) when the accused overcomes the victim by use of
    superior strength or size, physical restraint, or physical
    confinement.
    "Harmful to minors". See Section 11-21.
    "Loiter". See Section 9.3.
    "Material". See Section 11-21.
    "Minor". See Section 11-21.
    "Nudity". See Section 11-21.
    "Obscene". See Section 11-20.
    "Part day child care facility". See Section 11-9.3.
    "Penal system". See Section 11-9.2.
    "Person responsible for the child's welfare". See Section
11-9.1A.
    "Person with a disability". See Section 11-9.5.
    "Playground". See Section 11-9.3.
    "Probation officer". See Section 11-9.2.
    "Produce". See Section 11-20.1.
    "Profit from prostitution" means, when acting other than
as a prostitute, to receive anything of value for personally
rendered prostitution services or to receive anything of value
from a prostitute, if the thing received is not for lawful
consideration and the person knows it was earned in whole or in
part from the practice of prostitution.
    "Public park". See Section 11-9.3.
    "Public place". See Section 11-30.
    "Reproduce". See Section 11-20.1.
    "Sado-masochistic abuse". See Section 11-21.
    "School". See Section 11-9.3.
    "School official". See Section 11-9.3.
    "Sexual abuse". See Section 11-9.1A.
    "Sexual act". See Section 11-9.1.
    "Sexual conduct" means any knowing touching or fondling by
the victim or the accused, either directly or through
clothing, of the sex organs, anus, or breast of the victim or
the accused, or any part of the body of a child under 13 years
of age, or any transfer or transmission of semen by the accused
upon any part of the clothed or unclothed body of the victim,
for the purpose of sexual gratification or arousal of the
victim or the accused.
    "Sexual excitement". See Section 11-21.
    "Sexual penetration" means any contact, however slight,
between the sex organ or anus of one person and an object or
the sex organ, mouth, or anus of another person, or any
intrusion, however slight, of any part of the body of one
person or of any animal or object into the sex organ or anus of
another person, including, but not limited to, cunnilingus,
fellatio, or anal penetration. Evidence of emission of semen
is not required to prove sexual penetration.
    "Solicit". See Section 11-6.
    "State-operated facility". See Section 11-9.5.
    "Supervising officer". See Section 11-9.2.
    "Surveillance agent". See Section 11-9.2.
    "Treatment and detention facility". See Section 11-9.2.
    "Unable to give knowing consent" includes when the accused
administers any intoxicating or anesthetic substance, or any
controlled substance causing the victim to become unconscious
of the nature of the act and this condition was known, or
reasonably should have been known by the accused. "Unable to
give knowing consent" also includes when the victim has taken
an intoxicating substance or any controlled substance causing
the victim to become unconscious of the nature of the act, and
this condition was known or reasonably should have been known
by the accused, but the accused did not provide or administer
the intoxicating substance. As used in this paragraph,
"unconscious of the nature of the act" means incapable of
resisting because the victim meets any one of the following
conditions:
        (1) was unconscious or asleep;
        (2) was not aware, knowing, perceiving, or cognizant
    that the act occurred;
        (3) was not aware, knowing, perceiving, or cognizant
    of the essential characteristics of the act due to the
    perpetrator's fraud in fact; or
        (4) was not aware, knowing, perceiving, or cognizant
    of the essential characteristics of the act due to the
    perpetrator's fraudulent representation that the sexual
    penetration served a professional purpose when it served
    no professional purpose.
    A victim is presumed "unable to give knowing consent" when
the victim:
        (1) is committed to the care and custody or
    supervision of the Illinois Department of Corrections
    (IDOC) and the accused is an employee or volunteer who is
    not married to the victim who knows or reasonably should
    know that the victim is committed to the care and custody
    or supervision of such department;
        (2) is committed to or placed with the Department of
    Children and Family Services (DCFS) and in residential
    care, and the accused employee is not married to the
    victim, and knows or reasonably should know that the
    victim is committed to or placed with DCFS and in
    residential care;
        (3) is a client or patient and the accused is a health
    care provider or mental health care provider and the
    sexual conduct or sexual penetration occurs during a
    treatment session, consultation, interview, or
    examination;
        (4) is a resident or inpatient of a residential
    facility and the accused is an employee of the facility
    who is not married to such resident or inpatient who
    provides direct care services, case management services,
    medical or other clinical services, habilitative services
    or direct supervision of the residents in the facility in
    which the resident resides; or an officer or other
    employee, consultant, contractor or volunteer of the
    residential facility, who knows or reasonably should know
    that the person is a resident of such facility; or
        (5) is detained or otherwise in the custody of a
    police officer, peace officer, or other law enforcement
    official who: (i) is detaining or maintaining custody of
    such person; or (ii) knows, or reasonably should know,
    that at the time of the offense, such person was detained
    or in custody and the police officer, peace officer, or
    other law enforcement official is not married to such
    detainee.
    "Victim" means a person alleging to have been subjected to
an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
11-1.50, or 11-1.60 of this Code.
(Source: P.A. 102-567, eff. 1-1-22.)

Effective Date: 1/1/2023