Judiciary II - Criminal Law Committee
Filed: 3/22/2007
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1 | AMENDMENT TO HOUSE BILL 1979
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2 | AMENDMENT NO. ______. Amend House Bill 1979 by replacing | ||||||
3 | lines 4 through 23 on page 1 and all of pages 2, 3, 4, 5, 6, 7, | ||||||
4 | 8, and 9, and lines 1 and 2 on page 10 with the following:
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5 | "Section 5. The Criminal Code of 1961 is amended by adding | ||||||
6 | Section 10-5.1 as follows: | ||||||
7 | (720 ILCS 5/10-5.1 new)
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8 | Sec. 10-5.1. Luring of a minor. | ||||||
9 | (a) A person commits the offense of luring of a minor when | ||||||
10 | the offender is 21 years of age or older and knowingly contacts | ||||||
11 | or communicates electronically to the minor: | ||||||
12 | (1) knowing the minor is under 15 years of age; | ||||||
13 | (2) with the intent to persuade, lure or transport the | ||||||
14 | minor away from his or her home, or other location known by | ||||||
15 | the minor's parent or legal guardian to be the place where | ||||||
16 | the minor is to be located; |
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1 | (3) without the express consent of the person's parent | ||||||
2 | or legal guardian; | ||||||
3 | (4) with the intent to avoid the consent of the | ||||||
4 | person's parent or legal guardian; and | ||||||
5 | (5) is a stranger to the parents or legal guardian of | ||||||
6 | the minor. | ||||||
7 | (b) A person commits the offense of luring of a minor when | ||||||
8 | the offender is at least 18 years of age but under 21 years of | ||||||
9 | age and knowingly contacts or communicates electronically to | ||||||
10 | the minor: | ||||||
11 | (1) knowing the minor is under 15 years of age; | ||||||
12 | (2) with the intent to persuade, lure, or transport the | ||||||
13 | minor away from his or her home or other location known by | ||||||
14 | the minor's parent or legal guardian, to be the place where | ||||||
15 | the minor is to be located; | ||||||
16 | (3) for an unlawful purpose; | ||||||
17 | (4) without the express consent of the person's parent | ||||||
18 | or legal guardian; | ||||||
19 | (5) with the intent to avoid the express consent of the | ||||||
20 | person's parent or legal guardian; | ||||||
21 | (6) after so communicating, commits any act in | ||||||
22 | furtherance of the intent; and | ||||||
23 | (7) is a stranger to the parents or legal guardian of | ||||||
24 | the minor. | ||||||
25 | (c) Definitions. For purposes of this Section: | ||||||
26 | (1) "Emergency situation" means a situation in which |
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1 | the minor is threatened with imminent bodily harm, | ||||||
2 | emotional harm or psychological harm. | ||||||
3 | (2) "Express consent" means oral or written permission | ||||||
4 | that is positive, direct, and unequivocal, requiring no | ||||||
5 | inference or implication to supply its meaning. | ||||||
6 | (3) "Contacts or communicates electronically" includes | ||||||
7 | but is not limited to, any attempt to make contact or | ||||||
8 | communicate telephonically or through the Internet or text | ||||||
9 | messages. | ||||||
10 | (4) "Luring" shall mean any knowing act to solicit, | ||||||
11 | entice, tempt, or attempt to attract the minor. | ||||||
12 | (5) "Minor" shall mean any person under the age of 15. | ||||||
13 | (6) "Stranger" shall have its common and ordinary | ||||||
14 | meaning, including but not limited to, a person over 21 | ||||||
15 | years of age that is either not known by the parents of the | ||||||
16 | minor or does not have any association with the parents of | ||||||
17 | the minor. | ||||||
18 | (7) "Unlawful purpose" shall mean any violation of | ||||||
19 | State law or a similar federal or sister state law or local | ||||||
20 | ordinance. | ||||||
21 | (d) This Section may not be interpreted to criminalize an | ||||||
22 | act or person contacting a minor within the scope and course of | ||||||
23 | his employment, or status as a volunteer of a recognized civic, | ||||||
24 | charitable or youth organization. | ||||||
25 | (e) This Section is intended to protect minors and to help | ||||||
26 | parents and legal guardians exercise reasonable care, |
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1 | supervision, protection, and control over minor children. | ||||||
2 | (f) Affirmative defenses. | ||||||
3 | (1) It shall be an affirmative defense to any offense | ||||||
4 | under this Section 10-5.1 that the accused reasonably | ||||||
5 | believed that the minor was over the age of 15. | ||||||
6 | (2) It shall be an affirmative defense to any offense | ||||||
7 | under this Section 10-5.1 that the accused is assisting the | ||||||
8 | minor in an emergency situation. | ||||||
9 | (3) It shall not be a defense to the prosecution of any | ||||||
10 | offense under this Section 10-5.1 if the person who is | ||||||
11 | contacted by the offender is posing as a minor and is in | ||||||
12 | actuality an adult law enforcement officer. | ||||||
13 | (g) Penalties. | ||||||
14 | (1) A first offense of luring of a minor under | ||||||
15 | subsection (a) shall be a Class 4 felony. A person | ||||||
16 | convicted of luring of a minor under subsection (a) shall | ||||||
17 | undergo a sex offender evaluation prior to a sentence being | ||||||
18 | imposed. An offense of luring of a minor under subsection | ||||||
19 | (a) when a person has a prior conviction in Illinois of a | ||||||
20 | sex offense as defined in the Sex Offender Registration | ||||||
21 | Act, or any substantially similar federal, Uniform Code of | ||||||
22 | Military Justice, sister state, or foreign government | ||||||
23 | offense, is guilty of a Class 2 felony. | ||||||
24 | (2) A first offense of luring of a minor under | ||||||
25 | subsection (b) is a Class B misdemeanor. | ||||||
26 | (3) A second or subsequent offense of luring of a minor |
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1 | under subsection (a) is a Class 3 felony. A second or | ||||||
2 | subsequent offense of luring of a minor under subsection | ||||||
3 | (b) is a Class 4 felony. A second or subsequent offense | ||||||
4 | when a person has a prior conviction in Illinois of a sex | ||||||
5 | offense as defined in the Sex Offender Registration Act, or | ||||||
6 | any substantially similar federal, Uniform Code of | ||||||
7 | Military Justice, sister state, or foreign government | ||||||
8 | offense, is a Class 1 felony. A defendant convicted a | ||||||
9 | second time of an offense under subsection (a) or (b) shall | ||||||
10 | register as a sexual predator of children pursuant to the | ||||||
11 | Sex Offender Registration Act. | ||||||
12 | (4) A third or subsequent offense is a Class 1 felony. | ||||||
13 | A third or subsequent offense when a person has a prior | ||||||
14 | conviction in Illinois of a sex offense as defined in the | ||||||
15 | Sex Offender Registration Act, or any substantially | ||||||
16 | similar federal, Uniform Code of Military Justice, sister | ||||||
17 | state, or foreign government offense, is a Class X felony. | ||||||
18 | (h) For violations of subsection (a), jurisdiction shall be | ||||||
19 | established if the transmission that constitutes the offense | ||||||
20 | either originates in this State or is received in this State | ||||||
21 | and does not apply to emergency situations. For violations of | ||||||
22 | subsection (b), jurisdiction shall be established in any county | ||||||
23 | where the act in furtherance of the commission of the offense | ||||||
24 | is committed, in the county where the minor resides, or in the | ||||||
25 | county where the offender resides. ".
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