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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 | Section 11-9 as follows:
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6 | (720 ILCS 5/11-9) (from Ch. 38, par. 11-9)
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7 | Sec. 11-9. Public indecency.
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8 | (a) Any person of the age of 17 years and upwards who | ||||||
9 | performs any of
the following acts in a public place commits a | ||||||
10 | public indecency:
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11 | (1) An act of sexual penetration or sexual conduct as | ||||||
12 | defined in Section
12-12 of this Code; or
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13 | (2) A lewd exposure of the body done with intent to | ||||||
14 | arouse or to satisfy
the sexual desire of the person.
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15 | Breast-feeding of infants is not an act of public | ||||||
16 | indecency.
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17 | (a-1) Any person of the age of 17 years and upwards commits | ||||||
18 | public indecency if in the presence
of a child or in a public | ||||||
19 | place and with intent or knowledge that a child would view his | ||||||
20 | or her
acts, that person: | ||||||
21 | (1) engages in a sexual act; or | ||||||
22 | (2) exposes his or her sex organs, anus, or breast for | ||||||
23 | the purpose of
sexual arousal or gratification of such |
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1 | person or the child. | ||||||
2 | (a-2) A person of the age of 17 years and upwards commits | ||||||
3 | public indecency who knowingly
entices, coerces, or persuades a | ||||||
4 | child to remove the child's clothing for the
purpose of sexual | ||||||
5 | arousal or gratification of the person or the child, or
both. | ||||||
6 | (b) For purposes of this Section: | ||||||
7 | "Child" means a person under 17 years of age. | ||||||
8 | "Public place" for purposes of this Section means any | ||||||
9 | place where
the conduct may reasonably be expected to be | ||||||
10 | viewed by others.
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11 | "Sex offense" means any violation
of
Article 11 of this | ||||||
12 | Code or a violation of Section 12-13, 12-14, 12-14.1, | ||||||
13 | 12-15,
12-16, or 12-16.2 of this Code. | ||||||
14 | "Sexual act" means masturbation, sexual conduct, or | ||||||
15 | sexual penetration
as defined in Section 12-12 of this | ||||||
16 | Code. | ||||||
17 | (c) Sentence.
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18 | (1) Public indecency under subsection (a), (a-1), or (a-2) | ||||||
19 | is a Class A misdemeanor.
A person convicted of a third or | ||||||
20 | subsequent violation for public indecency under subsection (a)
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21 | is guilty of a Class 4 felony.
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22 | (2) A second
or subsequent violation of subsection (a-1) or | ||||||
23 | (a-2) or a substantially similar law of another state is a | ||||||
24 | Class 4 felony. | ||||||
25 | (3) Public indecency under subsection (a-1) or (a-2) is a | ||||||
26 | Class 4 felony if the person has
been previously convicted of a |
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1 | sex offense. | ||||||
2 | (4) Public indecency under subsection (a-1) or (a-2) is a | ||||||
3 | Class 4 felony if the victim was under 13 years of age at the | ||||||
4 | time of the commission of the offense. | ||||||
5 | (Source: P.A. 91-115, eff. 1-1-00.)
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6 | (720 ILCS 5/11-9.1 rep.)
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7 | Section 10. The Criminal Code of 1961 is amended by | ||||||
8 | repealing Section 11-9.1.
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