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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Sections 11-9.3 and 11-9.4 as follows:
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6 | (720 ILCS 5/11-9.3)
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7 | Sec. 11-9.3. Presence within school zone by child sex
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8 | offenders prohibited.
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9 | (a) It is unlawful for a child sex offender to knowingly be | ||||||
10 | present in any
school building, on real property comprising any | ||||||
11 | school, or in any conveyance
owned, leased, or contracted by a | ||||||
12 | school to transport students to or from
school or a school | ||||||
13 | related activity when persons under the age of 18 are
present | ||||||
14 | in the building, on the grounds or in
the conveyance, unless | ||||||
15 | the offender is a parent or guardian of a student attending the | ||||||
16 | school and the parent or guardian is: (i) attending a | ||||||
17 | conference at the school with school personnel to discuss the | ||||||
18 | progress of his or her child academically or socially, (ii) | ||||||
19 | participating in child review conferences in which evaluation | ||||||
20 | and placement decisions may be made with respect to his or her | ||||||
21 | child regarding special education services, or (iii) attending | ||||||
22 | conferences to discuss other student issues concerning his or | ||||||
23 | her child such as retention and promotion and notifies the |
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1 | principal of the school of his or her presence at the school or | ||||||
2 | unless the
offender has permission to be present from the
| ||||||
3 | superintendent or the school board or in the case of a private | ||||||
4 | school from the
principal. In the case of a public school, if | ||||||
5 | permission is granted, the
superintendent or school board | ||||||
6 | president must inform the principal of the
school where the sex | ||||||
7 | offender will be present. Notification includes the
nature of | ||||||
8 | the sex offender's visit and the hours in which the sex | ||||||
9 | offender will
be present in the school. The sex offender is | ||||||
10 | responsible for notifying the
principal's office when he or she | ||||||
11 | arrives on school property and when he or she
departs from | ||||||
12 | school property. If the sex offender is to be present in the
| ||||||
13 | vicinity of children, the sex offender has the duty to remain | ||||||
14 | under the direct
supervision of a school official. A child sex | ||||||
15 | offender who violates this
provision is
guilty of a Class 4 | ||||||
16 | felony.
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17 | Nothing in this Section shall be construed to infringe upon | ||||||
18 | the constitutional right of a child sex offender to be present | ||||||
19 | in a school building that is used as a polling place for the | ||||||
20 | purpose of voting.
| ||||||
21 | (1) (Blank; or)
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22 | (2) (Blank.)
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23 | (b) It is unlawful for a child sex offender to knowingly | ||||||
24 | loiter within 500 feet of a school building or real property | ||||||
25 | comprising any school
while persons under the age of 18 are | ||||||
26 | present in the building or on the
grounds,
unless the offender |
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1 | is a parent or guardian of a student attending the school and | ||||||
2 | the parent or guardian is: (i) attending a conference at the | ||||||
3 | school with school personnel to discuss the progress of his or | ||||||
4 | her child academically or socially, (ii) participating in child | ||||||
5 | review conferences in which evaluation and placement decisions | ||||||
6 | may be made with respect to his or her child regarding special | ||||||
7 | education services, or (iii) attending conferences to discuss | ||||||
8 | other student issues concerning his or her child such as | ||||||
9 | retention and promotion and notifies the principal of the | ||||||
10 | school of his or her presence at the school or has permission | ||||||
11 | to be present from the
superintendent or the school board or in | ||||||
12 | the case of a private school from the
principal. In the case of | ||||||
13 | a public school, if permission is granted, the
superintendent | ||||||
14 | or school board president must inform the principal of the
| ||||||
15 | school where the sex offender will be present. Notification | ||||||
16 | includes the
nature of the sex offender's visit and the hours | ||||||
17 | in which the sex offender will
be present in the school. The | ||||||
18 | sex offender is responsible for notifying the
principal's | ||||||
19 | office when he or she arrives on school property and when he or | ||||||
20 | she
departs from school property. If the sex offender is to be | ||||||
21 | present in the
vicinity of children, the sex offender has the | ||||||
22 | duty to remain under the direct
supervision of a school | ||||||
23 | official. A child sex offender who violates this
provision is
| ||||||
24 | guilty of a Class 4 felony.
| ||||||
25 | (1) (Blank; or)
| ||||||
26 | (2) (Blank.)
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1 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
2 | reside within
500 feet of a school building or the real | ||||||
3 | property comprising any school that
persons under the age of 18 | ||||||
4 | attend. Nothing in this subsection (b-5) prohibits
a child sex | ||||||
5 | offender from residing within 500 feet of a school building or | ||||||
6 | the
real property comprising any school that persons under 18 | ||||||
7 | attend if the
property is owned by the child sex offender and | ||||||
8 | was purchased before the
effective date of this amendatory Act | ||||||
9 | of the 91st General Assembly.
| ||||||
10 | (c) Definitions. In this Section:
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11 | (1) "Child sex offender" means any person who:
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12 | (i) has been charged under Illinois law, or any | ||||||
13 | substantially similar
federal law
or law of another | ||||||
14 | state, with a sex offense set forth in
paragraph (2) of | ||||||
15 | this subsection (c) or the attempt to commit an | ||||||
16 | included sex
offense, and:
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17 | (A) is convicted of such offense or an attempt | ||||||
18 | to commit such offense;
or
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19 | (B) is found not guilty by reason of insanity | ||||||
20 | of such offense or an
attempt to commit such | ||||||
21 | offense; or
| ||||||
22 | (C) is found not guilty by reason of insanity | ||||||
23 | pursuant to subsection
(c) of Section 104-25 of the | ||||||
24 | Code of Criminal Procedure of 1963 of such offense
| ||||||
25 | or an attempt to commit such offense; or
| ||||||
26 | (D) is the subject of a finding not resulting |
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1 | in an acquittal at a
hearing conducted pursuant to | ||||||
2 | subsection (a) of Section 104-25 of the Code of
| ||||||
3 | Criminal Procedure of 1963 for the alleged | ||||||
4 | commission or attempted commission
of such | ||||||
5 | offense; or
| ||||||
6 | (E) is found not guilty by reason of insanity | ||||||
7 | following a hearing
conducted pursuant to a | ||||||
8 | federal law or the law of another state | ||||||
9 | substantially
similar to subsection (c) of Section | ||||||
10 | 104-25 of the Code of Criminal Procedure
of 1963 of | ||||||
11 | such offense or of the attempted commission of such | ||||||
12 | offense; or
| ||||||
13 | (F) is the subject of a finding not resulting | ||||||
14 | in an acquittal at a
hearing
conducted pursuant to | ||||||
15 | a federal law or the law of another state | ||||||
16 | substantially
similar to subsection (a) of Section | ||||||
17 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
18 | for the alleged violation or attempted commission | ||||||
19 | of such offense; or
| ||||||
20 | (ii) is certified as a sexually dangerous person | ||||||
21 | pursuant to the
Illinois
Sexually Dangerous Persons | ||||||
22 | Act, or any substantially similar federal
law or the | ||||||
23 | law of another state, when any conduct giving rise to | ||||||
24 | such
certification is committed or attempted against a | ||||||
25 | person less than 18 years of
age; or
| ||||||
26 | (iii) is subject to the provisions of Section 2 of |
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1 | the Interstate
Agreements on Sexually Dangerous | ||||||
2 | Persons Act.
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3 | Convictions that result from or are connected with the | ||||||
4 | same act, or result
from offenses committed at the same | ||||||
5 | time, shall be counted for the purpose of
this Section as | ||||||
6 | one conviction. Any conviction set aside pursuant to law is
| ||||||
7 | not a conviction for purposes of this Section.
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8 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
9 | "sex offense"
means:
| ||||||
10 | (i) A violation of any of the following Sections of | ||||||
11 | the Criminal Code of
1961: 10-7 (aiding and abetting | ||||||
12 | child abduction under Section 10-5(b)(10)),
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13 | 10-5(b)(10) (child luring), 11-6 (indecent | ||||||
14 | solicitation of a child), 11-6.5
(indecent | ||||||
15 | solicitation of an adult),
11-9 (public indecency when | ||||||
16 | committed in a school, on the real property
comprising | ||||||
17 | a school, or on a conveyance, owned, leased, or | ||||||
18 | contracted by a
school to transport students to or from | ||||||
19 | school or a school related activity),
11-9.1 (sexual | ||||||
20 | exploitation of a child), 11-15.1 (soliciting for a | ||||||
21 | juvenile
prostitute), 11-17.1 (keeping a place of | ||||||
22 | juvenile prostitution), 11-18.1
(patronizing a | ||||||
23 | juvenile prostitute), 11-19.1 (juvenile pimping),
| ||||||
24 | 11-19.2 (exploitation of a child), 11-20.1 (child | ||||||
25 | pornography), 11-21 (harmful
material), 12-14.1
| ||||||
26 | (predatory criminal sexual assault of a child), 12-33 |
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1 | (ritualized abuse of a
child), 11-20 (obscenity) (when | ||||||
2 | that offense was committed in any school, on
real | ||||||
3 | property comprising any school, in any conveyance | ||||||
4 | owned,
leased, or contracted by a school to transport | ||||||
5 | students to or from school or a
school related | ||||||
6 | activity). An attempt to commit any of these offenses.
| ||||||
7 | (ii) A violation of any of the following Sections | ||||||
8 | of the Criminal Code
of 1961, when the victim is a | ||||||
9 | person under 18 years of age: 12-13 (criminal
sexual | ||||||
10 | assault), 12-14 (aggravated criminal sexual assault), | ||||||
11 | 12-15 (criminal
sexual abuse), 12-16 (aggravated | ||||||
12 | criminal sexual abuse). An attempt to commit
any of | ||||||
13 | these offenses.
| ||||||
14 | (iii) A violation of any of the following Sections | ||||||
15 | of the Criminal Code
of 1961, when the victim is a | ||||||
16 | person under 18 years of age and the defendant is
not a | ||||||
17 | parent of the victim:
| ||||||
18 | 10-1 (kidnapping),
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19 | 10-2 (aggravated kidnapping),
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20 | 10-3 (unlawful restraint),
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21 | 10-3.1 (aggravated unlawful restraint).
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22 | An attempt to commit any of these offenses.
| ||||||
23 | (iv) A violation of any former law of this State | ||||||
24 | substantially
equivalent to any offense listed in | ||||||
25 | clause (2)(i) of subsection (c) of this
Section.
| ||||||
26 | (2.5) For the purposes of subsection (b-5) only, a sex |
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1 | offense means:
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2 | (i) A violation of any of the following Sections of | ||||||
3 | the Criminal Code of
1961:
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4 | 10-5(b)(10) (child luring), 10-7 (aiding and | ||||||
5 | abetting child abduction
under Section | ||||||
6 | 10-5(b)(10)), 11-6 (indecent solicitation of
a
| ||||||
7 | child), 11-6.5 (indecent solicitation of an | ||||||
8 | adult), 11-15.1 (soliciting for a
juvenile
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9 | prostitute), 11-17.1 (keeping a place of juvenile | ||||||
10 | prostitution), 11-18.1
(patronizing a juvenile | ||||||
11 | prostitute), 11-19.1 (juvenile pimping),
11-19.2 | ||||||
12 | (exploitation of a child), 11-20.1 (child | ||||||
13 | pornography), 12-14.1
(predatory criminal sexual | ||||||
14 | assault of a child), or 12-33 (ritualized abuse of | ||||||
15 | a
child). An attempt
to commit any of
these | ||||||
16 | offenses.
| ||||||
17 | (ii) A violation of any of the following Sections | ||||||
18 | of the Criminal Code
of 1961, when the victim is a | ||||||
19 | person under 18 years of age: 12-13 (criminal
sexual | ||||||
20 | assault), 12-14 (aggravated criminal sexual assault),
| ||||||
21 | 12-16 (aggravated criminal sexual abuse), and | ||||||
22 | subsection (a) of Section 12-15
(criminal sexual | ||||||
23 | abuse). An attempt to commit
any of these offenses.
| ||||||
24 | (iii) A violation of any of the following Sections | ||||||
25 | of the Criminal Code
of 1961, when the victim is a | ||||||
26 | person under 18 years of age and the defendant is
not a |
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| |||||||
1 | parent of the victim:
| ||||||
2 | 10-1 (kidnapping),
| ||||||
3 | 10-2 (aggravated kidnapping),
| ||||||
4 | 10-3 (unlawful restraint),
| ||||||
5 | 10-3.1 (aggravated unlawful restraint).
| ||||||
6 | An attempt to commit any of these offenses.
| ||||||
7 | (iv) A violation of any former law of this State | ||||||
8 | substantially
equivalent to any offense listed in this | ||||||
9 | paragraph (2.5) of
this subsection.
| ||||||
10 | (3) A conviction for an offense of federal law or the | ||||||
11 | law of another state
that is substantially equivalent to | ||||||
12 | any offense listed in paragraph (2) of
subsection (c) of | ||||||
13 | this Section shall constitute a conviction for the purpose | ||||||
14 | of
this Article. A finding or adjudication as a sexually | ||||||
15 | dangerous person under
any federal law or law of another | ||||||
16 | state that is substantially equivalent to the
Sexually | ||||||
17 | Dangerous Persons Act shall constitute an adjudication for | ||||||
18 | the
purposes of this Section.
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19 | (4) "School" means a public or private
pre-school, | ||||||
20 | elementary, or secondary school.
| ||||||
21 | (5) "Loiter" means:
| ||||||
22 | (i) Standing, sitting idly, whether or not the | ||||||
23 | person is in a vehicle or
remaining in or around school | ||||||
24 | property.
| ||||||
25 | (ii) Standing, sitting idly, whether or not the | ||||||
26 | person is in a vehicle
or remaining in or around school |
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| |||||||
1 | property, for the purpose of committing or
attempting | ||||||
2 | to commit a sex offense.
| ||||||
3 | (iii) Entering or remaining in a building in or | ||||||
4 | around school property, other than the offender's | ||||||
5 | residence.
| ||||||
6 | (6) "School official"
means the principal, a teacher, | ||||||
7 | or any other certified employee of the
school, the | ||||||
8 | superintendent of schools or a member of the school board.
| ||||||
9 | (c-5) For the purposes of this Section, the 500 feet | ||||||
10 | distance shall be measured from the edge of the property of the | ||||||
11 | school building or the real property comprising the school that | ||||||
12 | is closest to the edge of the property of the child sex | ||||||
13 | offender's residence or where he or she is loitering.
| ||||||
14 | (d) Sentence. A person who violates this Section is guilty | ||||||
15 | of a Class 4
felony.
| ||||||
16 | (Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; | ||||||
17 | 94-170, eff. 7-11-05; revised 9-15-06.)
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18 | (720 ILCS 5/11-9.4)
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19 | Sec. 11-9.4. Approaching, contacting, residing, or | ||||||
20 | communicating with a
child within certain places by child sex | ||||||
21 | offenders
prohibited.
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22 | (a) It is unlawful for a child sex offender to knowingly be | ||||||
23 | present in any
public park building or on real property | ||||||
24 | comprising any public park
when persons under the age of
18 are
| ||||||
25 | present in the building or on the grounds
and to approach, |
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| |||||||
1 | contact, or communicate with a child under 18 years of
age,
| ||||||
2 | unless the
offender
is a parent or guardian of a person under | ||||||
3 | 18 years of age present in the
building or on the
grounds.
| ||||||
4 | (b) It is unlawful for a child sex offender to knowingly | ||||||
5 | loiter on a public
way within 500 feet of a public park | ||||||
6 | building or real property comprising any
public park
while | ||||||
7 | persons under the age of 18 are present in the building or on | ||||||
8 | the
grounds
and to approach, contact, or communicate with a | ||||||
9 | child under 18 years of
age,
unless the offender
is a parent or | ||||||
10 | guardian of a person under 18 years of age present in the
| ||||||
11 | building or on the grounds.
| ||||||
12 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
13 | reside within
500 feet of a playground, child care institution, | ||||||
14 | day care center, part day child care facility, or a facility | ||||||
15 | providing programs or services
exclusively directed toward | ||||||
16 | persons under 18 years of age. Nothing in this
subsection (b-5) | ||||||
17 | prohibits a child sex offender from residing within 500 feet
of | ||||||
18 | a playground or a facility providing programs or services | ||||||
19 | exclusively
directed toward persons under 18 years of age if | ||||||
20 | the property is owned by the
child sex offender and was | ||||||
21 | purchased before the effective date of this
amendatory Act of | ||||||
22 | the 91st General Assembly. Nothing in this
subsection (b-5) | ||||||
23 | prohibits a child sex offender from residing within 500 feet
of | ||||||
24 | a child care institution, day care center, or part day child | ||||||
25 | care facility if the property is owned by the
child sex | ||||||
26 | offender and was purchased before the effective date of this
|
| |||||||
| |||||||
1 | amendatory Act of the 94th General Assembly.
| ||||||
2 | (b-6) It is unlawful for a child sex offender to knowingly | ||||||
3 | reside within
500 feet of the victim of the sex offense. | ||||||
4 | Nothing in this
subsection (b-6) prohibits a child sex offender | ||||||
5 | from residing within 500 feet
of the victim
if the property in | ||||||
6 | which the child sex offender resides is owned by the
child sex | ||||||
7 | offender and was purchased before the effective date of this
| ||||||
8 | amendatory Act of the 92nd General Assembly.
| ||||||
9 | This subsection (b-6) does not apply if the victim of the | ||||||
10 | sex offense
is 21 years of age or older.
| ||||||
11 | (c) It is unlawful for a child sex offender to knowingly | ||||||
12 | operate, manage,
be employed by, volunteer at, be associated | ||||||
13 | with, or knowingly be present at
any: (i) facility providing
| ||||||
14 | programs or services exclusively directed towards persons | ||||||
15 | under the age of 18; (ii) day care center; (iii) part day child | ||||||
16 | care facility; (iv) child care institution, or (v) school | ||||||
17 | providing before and after school programs for children under | ||||||
18 | 18 years of age.
This does not prohibit a child sex offender | ||||||
19 | from owning the real property upon
which the programs or | ||||||
20 | services are offered or upon which the day care center, part | ||||||
21 | day child care facility, child care institution, or school | ||||||
22 | providing before and after school programs for children under | ||||||
23 | 18 years of age is located, provided the child sex offender
| ||||||
24 | refrains from being present on the premises for the hours | ||||||
25 | during which: (1) the
programs or services are being offered or | ||||||
26 | (2) the day care center, part day child care facility, child |
| |||||||
| |||||||
1 | care institution, or school providing before and after school | ||||||
2 | programs for children under 18 years of age is operated.
| ||||||
3 | (d) Definitions. In this Section:
| ||||||
4 | (1) "Child sex offender" means any person who:
| ||||||
5 | (i) has been charged under Illinois law, or any | ||||||
6 | substantially similar
federal law
or law of another | ||||||
7 | state, with a sex offense set forth in
paragraph (2) of | ||||||
8 | this subsection (d) or the attempt to commit an | ||||||
9 | included sex
offense, and:
| ||||||
10 | (A) is convicted of such offense or an attempt | ||||||
11 | to commit such offense;
or
| ||||||
12 | (B) is found not guilty by reason of insanity | ||||||
13 | of such offense or an
attempt to commit such | ||||||
14 | offense; or
| ||||||
15 | (C) is found not guilty by reason of insanity | ||||||
16 | pursuant to subsection
(c) of Section 104-25 of the | ||||||
17 | Code of Criminal Procedure of 1963 of such offense
| ||||||
18 | or an attempt to commit such offense; or
| ||||||
19 | (D) is the subject of a finding not resulting | ||||||
20 | in an acquittal at a
hearing conducted pursuant to | ||||||
21 | subsection (a) of Section 104-25 of the Code of
| ||||||
22 | Criminal Procedure of 1963 for the alleged | ||||||
23 | commission or attempted commission
of such | ||||||
24 | offense; or
| ||||||
25 | (E) is found not guilty by reason of insanity | ||||||
26 | following a hearing
conducted pursuant to a |
| |||||||
| |||||||
1 | federal law or the law of another state | ||||||
2 | substantially
similar to subsection (c) of Section | ||||||
3 | 104-25 of the Code of Criminal Procedure
of 1963 of | ||||||
4 | such offense or of the attempted commission of such | ||||||
5 | offense; or
| ||||||
6 | (F) is the subject of a finding not resulting | ||||||
7 | in an acquittal at a
hearing
conducted pursuant to | ||||||
8 | a federal law or the law of another state | ||||||
9 | substantially
similar to subsection (a) of Section | ||||||
10 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
11 | for the alleged violation or attempted commission | ||||||
12 | of such offense; or
| ||||||
13 | (ii) is certified as a sexually dangerous person | ||||||
14 | pursuant to the
Illinois
Sexually Dangerous Persons | ||||||
15 | Act, or any substantially similar federal
law or the | ||||||
16 | law of another state, when any conduct giving rise to | ||||||
17 | such
certification is committed or attempted against a | ||||||
18 | person less than 18 years of
age; or
| ||||||
19 | (iii) is subject to the provisions of Section 2 of | ||||||
20 | the Interstate
Agreements on Sexually Dangerous | ||||||
21 | Persons Act.
| ||||||
22 | Convictions that result from or are connected with the | ||||||
23 | same act, or result
from offenses committed at the same | ||||||
24 | time, shall be counted for the purpose of
this Section as | ||||||
25 | one conviction. Any conviction set aside pursuant to law is
| ||||||
26 | not a conviction for purposes of this Section.
|
| |||||||
| |||||||
1 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
2 | "sex offense"
means:
| ||||||
3 | (i) A violation of any of the following Sections of | ||||||
4 | the Criminal Code of
1961: 10-7 (aiding and abetting | ||||||
5 | child abduction under Section 10-5(b)(10)),
| ||||||
6 | 10-5(b)(10) (child luring), 11-6 (indecent | ||||||
7 | solicitation of a child), 11-6.5
(indecent | ||||||
8 | solicitation of an adult),
11-9 (public indecency when | ||||||
9 | committed in a school, on the real property
comprising | ||||||
10 | a school, on a conveyance owned, leased, or contracted | ||||||
11 | by a
school to transport students to or from school or | ||||||
12 | a school related activity, or
in a public park),
11-9.1 | ||||||
13 | (sexual exploitation of a child), 11-15.1 (soliciting | ||||||
14 | for a juvenile
prostitute), 11-17.1 (keeping a place of | ||||||
15 | juvenile prostitution), 11-18.1
(patronizing a | ||||||
16 | juvenile prostitute), 11-19.1 (juvenile pimping),
| ||||||
17 | 11-19.2 (exploitation of a child), 11-20.1 (child | ||||||
18 | pornography), 11-21 (harmful
material), 12-14.1
| ||||||
19 | (predatory criminal sexual assault of a child), 12-33 | ||||||
20 | (ritualized abuse of a
child), 11-20 (obscenity) (when | ||||||
21 | that offense was committed in any school, on
real | ||||||
22 | property comprising any school, on any conveyance | ||||||
23 | owned,
leased, or contracted by a school to transport | ||||||
24 | students to or from school or a
school related | ||||||
25 | activity, or in a public park). An attempt to commit | ||||||
26 | any of
these offenses.
|
| |||||||
| |||||||
1 | (ii) A violation of any of the following Sections | ||||||
2 | of the Criminal Code
of 1961, when the victim is a | ||||||
3 | person under 18 years of age: 12-13 (criminal
sexual | ||||||
4 | assault), 12-14 (aggravated criminal sexual assault), | ||||||
5 | 12-15 (criminal
sexual abuse), 12-16 (aggravated | ||||||
6 | criminal sexual abuse). An attempt to commit
any of | ||||||
7 | these offenses.
| ||||||
8 | (iii) A violation of any of the following Sections | ||||||
9 | of the Criminal Code
of 1961, when the victim is a | ||||||
10 | person under 18 years of age and the defendant is
not a | ||||||
11 | parent of the victim:
| ||||||
12 | 10-1 (kidnapping),
| ||||||
13 | 10-2 (aggravated kidnapping),
| ||||||
14 | 10-3 (unlawful restraint),
| ||||||
15 | 10-3.1 (aggravated unlawful restraint).
| ||||||
16 | An attempt to commit any of these offenses.
| ||||||
17 | (iv) A violation of any former law of this State | ||||||
18 | substantially
equivalent to any offense listed in | ||||||
19 | clause (2)(i) of this subsection (d).
| ||||||
20 | (2.5) For the purposes of subsection (b-5) only, a sex | ||||||
21 | offense means:
| ||||||
22 | (i) A violation of any of the following Sections of | ||||||
23 | the Criminal Code of
1961:
| ||||||
24 | 10-5(b)(10) (child luring), 10-7 (aiding and | ||||||
25 | abetting child abduction
under Section | ||||||
26 | 10-5(b)(10)), 11-6 (indecent solicitation of
a
|
| |||||||
| |||||||
1 | child), 11-6.5 (indecent solicitation of an | ||||||
2 | adult), 11-15.1 (soliciting for a
juvenile
| ||||||
3 | prostitute), 11-17.1 (keeping a place of juvenile | ||||||
4 | prostitution), 11-18.1
(patronizing a juvenile | ||||||
5 | prostitute), 11-19.1 (juvenile pimping),
11-19.2 | ||||||
6 | (exploitation of a child), 11-20.1 (child | ||||||
7 | pornography), 12-14.1
(predatory criminal sexual | ||||||
8 | assault of a child), or 12-33 (ritualized abuse of | ||||||
9 | a
child). An attempt
to commit any of
these | ||||||
10 | offenses.
| ||||||
11 | (ii) A violation of any of the following Sections | ||||||
12 | of the Criminal Code
of 1961, when the victim is a | ||||||
13 | person under 18 years of age: 12-13 (criminal
sexual | ||||||
14 | assault), 12-14 (aggravated criminal sexual assault),
| ||||||
15 | 12-16 (aggravated criminal sexual abuse), and | ||||||
16 | subsection (a) of Section 12-15
(criminal sexual | ||||||
17 | abuse). An attempt to commit
any of these offenses.
| ||||||
18 | (iii) A violation of any of the following Sections | ||||||
19 | of the Criminal Code
of 1961, when the victim is a | ||||||
20 | person under 18 years of age and the defendant is
not a | ||||||
21 | parent of the victim:
| ||||||
22 | 10-1 (kidnapping),
| ||||||
23 | 10-2 (aggravated kidnapping),
| ||||||
24 | 10-3 (unlawful restraint),
| ||||||
25 | 10-3.1 (aggravated unlawful restraint).
| ||||||
26 | An attempt to commit any of these offenses.
|
| |||||||
| |||||||
1 | (iv) A violation of any former law of this State | ||||||
2 | substantially
equivalent to any offense listed in this | ||||||
3 | paragraph (2.5) of
this subsection.
| ||||||
4 | (3) A conviction for an offense of federal law or the | ||||||
5 | law of another state
that is substantially equivalent to | ||||||
6 | any offense listed in paragraph (2) of this
subsection (d) | ||||||
7 | shall constitute a conviction for the purpose of
this | ||||||
8 | Section. A finding or adjudication as a sexually dangerous | ||||||
9 | person under
any federal law or law of another state that | ||||||
10 | is substantially equivalent to the
Sexually Dangerous | ||||||
11 | Persons Act shall constitute an adjudication for the
| ||||||
12 | purposes of this Section.
| ||||||
13 | (4) "Public park" includes a park, forest preserve, or
| ||||||
14 | conservation
area
under the jurisdiction of the State or a | ||||||
15 | unit of local government.
| ||||||
16 | (5) "Facility providing programs or services directed | ||||||
17 | towards persons
under
the age of 18" means any facility | ||||||
18 | providing programs or services exclusively
directed | ||||||
19 | towards persons under the age of 18.
| ||||||
20 | (6) "Loiter" means:
| ||||||
21 | (i) Standing, sitting idly, whether or not the | ||||||
22 | person is in a vehicle or
remaining in or around public | ||||||
23 | park property.
| ||||||
24 | (ii) Standing, sitting idly, whether or not the | ||||||
25 | person is in a vehicle
or remaining in or around public | ||||||
26 | park property, for the purpose of committing
or
|
| |||||||
| |||||||
1 | attempting to commit a sex offense.
| ||||||
2 | (7) "Playground" means a piece of land owned or | ||||||
3 | controlled by a unit
of
local government that is designated | ||||||
4 | by the unit of local government for use
solely or primarily | ||||||
5 | for children's recreation.
| ||||||
6 | (8) "Child care institution" has the meaning ascribed | ||||||
7 | to it in Section 2.06 of the Child Care Act of 1969.
| ||||||
8 | (9) "Day care center" has the meaning ascribed to it in | ||||||
9 | Section 2.09 of the Child Care Act of 1969. | ||||||
10 | (10) "Part day child care facility" has the meaning | ||||||
11 | ascribed to it in Section 2.10 of the Child Care Act of | ||||||
12 | 1969.
| ||||||
13 | (d-5) For the purposes of this Section, the 500 feet | ||||||
14 | distance shall be measured from the edge of the property | ||||||
15 | comprising the public park building or the real property | ||||||
16 | comprising the public park, playground, child care | ||||||
17 | institution, day care center, part day child care facility, or | ||||||
18 | a facility providing programs or services
exclusively directed | ||||||
19 | toward persons under 18 years of age, or a victim of the sex | ||||||
20 | offense who is under 21 years of age to the edge of the child | ||||||
21 | sex offender's place of residence or where he or she is | ||||||
22 | loitering.
| ||||||
23 | (e) Sentence. A person who violates this Section is guilty | ||||||
24 | of a Class 4
felony.
| ||||||
25 | (Source: P.A. 94-925, eff. 6-26-06.)
|