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Public Act 91-0115
SB404 Enrolled LRB9105586RCpr
AN ACT to amend the Criminal Code of 1961 by changing
Sections 11-9 and 26-1.
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 Sections 11-9 and 26-1 as follows:
(720 ILCS 5/11-9) (from Ch. 38, par. 11-9)
Sec. 11-9. Public indecency.
(a) Any person of the age of 17 years and upwards who
performs any of the following acts in a public place commits
a public indecency:
(1) An act of sexual penetration or sexual conduct
as defined in Section 12-12 of this Code; or
(2) A lewd exposure of the body done with intent to
arouse or to satisfy the sexual desire of the person.
Breast-feeding of infants is not an act of public
indecency.
(b) "Public place" for purposes of this Section means
any place where the conduct may reasonably be expected to be
viewed by others.
(c) Sentence.
Public indecency is a Class A misdemeanor. A person
convicted of a third or subsequent violation for public
indecency is guilty of a Class 4 felony.
(Source: P.A. 89-59, eff. 1-1-96.)
(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
Sec. 26-1. Elements of the Offense.
(a) A person commits disorderly conduct when he
knowingly:
(1) Does any act in such unreasonable manner as to
alarm or disturb another and to provoke a breach of the
peace; or
(2) Transmits or causes to be transmitted in any
manner to the fire department of any city, town, village
or fire protection district a false alarm of fire,
knowing at the time of such transmission that there is no
reasonable ground for believing that such fire exists; or
(3) Transmits or causes to be transmitted in any
manner to another a false alarm to the effect that a bomb
or other explosive of any nature is concealed in such
place that its explosion would endanger human life,
knowing at the time of such transmission that there is no
reasonable ground for believing that such bomb or
explosive is concealed in such place; or
(4) Transmits or causes to be transmitted in any
manner to any peace officer, public officer or public
employee a report to the effect that an offense will be
committed, is being committed, or has been committed,
knowing at the time of such transmission that there is no
reasonable ground for believing that such an offense will
be committed, is being committed, or has been committed;
or
(5) Enters upon the property of another and for a
lewd or unlawful purpose deliberately looks into a
dwelling on the property through any window or other
opening in it; or
(6) While acting as a collection agency as defined
in the "Collection Agency Act" or as an employee of such
collection agency, and while attempting to collect an
alleged debt, makes a telephone call to the alleged
debtor which is designed to harass, annoy or intimidate
the alleged debtor; or
(7) Transmits or causes to be transmitted a false
report to the Department of Children and Family Services
under Section 4 of the "Abused and Neglected Child
Reporting Act"; or
(8) Transmits or causes to be transmitted a false
report to the Department of Public Health under the
Nursing Home Care Act; or
(9) Transmits or causes to be transmitted in any
manner to the police department or fire department of any
municipality or fire protection district, or any
privately owned and operated ambulance service, a false
request for an ambulance, emergency medical
technician-ambulance or emergency medical
technician-paramedic knowing at the time there is no
reasonable ground for believing that such assistance is
required; or
(10) Transmits or causes to be transmitted a false
report under Article II of "An Act in relation to victims
of violence and abuse", approved September 16, 1984, as
amended; or
(11) Transmits or causes to be transmitted a false
report to any public safety agency without the reasonable
grounds necessary to believe that transmitting such a
report is necessary for the safety and welfare of the
public; or
(12) Calls the number "911" for the purpose of
making or transmitting a false alarm or complaint and
reporting information when, at the time the call or
transmission is made, the person knows there is no
reasonable ground for making the call or transmission and
further knows that the call or transmission could result
in the emergency response of any public safety agency.
(b) Sentence.
(1) A violation of subsection (a) (1) of this Section is
a Class C misdemeanor. A violation of subsection (a)(5), (a)
(7), (a)(11), or (a)(12) of this Section is a Class A
misdemeanor. A violation of subsection (a) (5), (a) (8) or
(a) (10) of this Section is a Class B misdemeanor. A
violation of subsection (a) (2), (a) (3), (a)(4), or (a)(9)
of this Section is a Class 4 felony.
A violation of subsection (a) (6) of this Section is a
Business Offense and shall be punished by a fine not to
exceed $3,000. A second or subsequent violation of subsection
(a) (7), (a)(11), or (a)(12) of this Section is a Class 4
felony. A third or subsequent violation of subsection (a)(5)
of this Section is a Class 4 felony.
(c) In addition to any other sentence that may be
imposed, a court shall order any person convicted of
disorderly conduct to perform community service for not less
than 30 and not more than 120 hours, if community service is
available in the jurisdiction and is funded and approved by
the county board of the county where the offense was
committed. In addition, whenever any person is placed on
supervision for an alleged offense under this Section, the
supervision shall be conditioned upon the performance of the
community service.
This subsection does not apply when the court imposes a
sentence of incarceration.
(Source: P.A. 89-8, eff. 3-21-95; 90-456, eff. 1-1-98.)
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