|
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5422
Introduced 02/06/04, by Michael J. Madigan SYNOPSIS AS INTRODUCED:
|
|
720 ILCS 5/11-9.1 |
from Ch. 38, par. 11-9.1 |
|
Amends the Criminal Code of 1961. Makes a technical change to a Section
concerning the sexual exploitation of children.
|
| |
|
|
|
|
A BILL FOR
|
|
|
|
|
HB5422 |
|
LRB093 17136 RLC 42802 b |
|
|
| 1 |
| AN ACT in relation to criminal law.
|
| 2 |
| Be it enacted by the People of the State of Illinois, |
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The Criminal Code of 1961 is amended by changing |
| 5 |
| Section 11-9.1
as follows:
|
| 6 |
| (720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
|
| 7 |
| Sec. 11-9.1. Sexual exploitation of a child.
|
| 8 |
| (a) A
Any person commits sexual exploitation of a child if |
| 9 |
| in the
presence
of a child and with intent or knowledge that a |
| 10 |
| child would view his or her
acts, that person:
|
| 11 |
| (1) engages in a sexual act; or
|
| 12 |
| (2) exposes his or her sex organs, anus or breast for |
| 13 |
| the purpose of
sexual arousal or gratification of such |
| 14 |
| person or the child.
|
| 15 |
| (a-5) A person commits sexual exploitation of a child who |
| 16 |
| knowingly
entices, coerces, or persuades a child to remove the |
| 17 |
| child's clothing for the
purpose of sexual arousal or |
| 18 |
| gratification of the person or the child, or
both.
|
| 19 |
| (b) Definitions. As used in this Section:
|
| 20 |
| "Sexual act" means masturbation, sexual conduct or sexual |
| 21 |
| penetration
as defined in Section 12-12 of this Code.
|
| 22 |
| "Sex offense" means any violation
of
Article 11 of this |
| 23 |
| Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15,
|
| 24 |
| 12-16, or 12-16.2 of this Code.
|
| 25 |
| "Child" means a person under 17 years of age.
|
| 26 |
| (c) Sentence.
|
| 27 |
| (1) Sexual exploitation of a child is a Class A |
| 28 |
| misdemeanor. A second
or subsequent violation of this |
| 29 |
| Section is a Class 4 felony.
|
| 30 |
| (2) Sexual exploitation of a child is a Class 4 felony |
| 31 |
| if the person has
been previously convicted of a sex |
| 32 |
| offense.
|