Sen. Iris Y. Martinez
Filed: 5/27/2008
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1 | AMENDMENT TO HOUSE BILL 4879
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2 | AMENDMENT NO. ______. Amend House Bill 4879, AS AMENDED, in | ||||||
3 | paragraph (1) of subsection (b) of Sec. 11-20.3 of Section 5, | ||||||
4 | by inserting after "pornography" the following:
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5 | " under paragraphs (1) through (7) of subsection (a) of this | ||||||
6 | Section "; and | ||||||
7 | in paragraph (1) of subsection (b) of Sec. 11-20.3 of Section | ||||||
8 | 5, by inserting after "prosecution under" the following: | ||||||
9 | " paragraphs (1) through (7) of subsection (a) of "; and | ||||||
10 | after the last line of paragraph (1) of subsection (b) of Sec. | ||||||
11 | 11-20.3 of Section 5, by inserting the following: | ||||||
12 | " (1.5) It shall be an affirmative defense to a charge of | ||||||
13 | aggravated child pornography under paragraph (8) or (9) of | ||||||
14 | subsection (a) of this Section that the defendant reasonably | ||||||
15 | believed, under all of the circumstances, that the child was 18 | ||||||
16 | years of age or older or that the person was not a severely or |
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1 | profoundly mentally retarded person but only where, prior to | ||||||
2 | the act or acts giving rise to a prosecution under paragraph | ||||||
3 | (8) or (9) of subsection (a) of this Section, he or she took | ||||||
4 | some affirmative action or made a bonafide inquiry designed to | ||||||
5 | ascertain whether the child was 18 years of age or older or | ||||||
6 | that the person was not a severely or profoundly mentally | ||||||
7 | retarded person and his reliance upon the information so | ||||||
8 | obtained was clearly reasonable. ".
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