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1 | AN ACT concerning criminal law, which may be referred to as | ||||||
2 | the Child Protection Act of 2008.
| ||||||
3 | Be it enacted by the People of the State of Illinois,
| ||||||
4 | represented in the General Assembly:
| ||||||
5 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
6 | Sections 11-9.4, 11-21, 11-23, and 11-24 and by adding Sections | ||||||
7 | 10-8.1 and 11-6.6 as follows: | ||||||
8 | (720 ILCS 5/10-8.1 new) | ||||||
9 | Sec. 10-8.1. Unlawful sending of a public conveyance travel | ||||||
10 | ticket to a minor. | ||||||
11 | (a) In this Section, "public conveyance" has the meaning | ||||||
12 | ascribed to it in Section 10-8 of this Code. | ||||||
13 | (b) A person commits the offense of unlawful sending of a | ||||||
14 | public conveyance travel ticket to a minor when the person, | ||||||
15 | other than for a lawful purpose under Illinois law, without the | ||||||
16 | consent of the minor's parent or guardian: | ||||||
17 | (1) knowingly sends, causes to be sent, or purchases a | ||||||
18 | public conveyance travel ticket to any location for a | ||||||
19 | person known by the offender to be an unemancipated minor | ||||||
20 | under 17 years of age or a person he or she believes to be a | ||||||
21 | minor under 17 years of age, other than for a lawful | ||||||
22 | purpose under Illinois law; or | ||||||
23 | (2) knowingly arranges for travel to any location on |
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| |||||||
1 | any public conveyance for a person known by the offender to | ||||||
2 | be an unemancipated minor under 17 years of age or a person | ||||||
3 | he or she believes to be a minor under 17 years of age, | ||||||
4 | other than for a lawful purpose under Illinois law. | ||||||
5 | (b-5) Telecommunications carriers, commercial mobile | ||||||
6 | service providers, and providers of information services, | ||||||
7 | including, but not limited to, Internet service providers and | ||||||
8 | hosting service providers, are not liable under this Section, | ||||||
9 | except for willful and wanton misconduct, by virtue of the | ||||||
10 | transmission, storage, or caching of electronic communications | ||||||
11 | or messages of others or by virtue of the provision of other | ||||||
12 | related telecommunications, commercial mobile services, or | ||||||
13 | information services used by others in violation of this | ||||||
14 | Section. | ||||||
15 | (c) Sentence.
Unlawful sending of a public conveyance | ||||||
16 | travel ticket to a minor is a Class A misdemeanor.
A person who | ||||||
17 | commits unlawful sending of a public conveyance travel ticket | ||||||
18 | to a minor
who believes that he or she is at least 5 years older | ||||||
19 | than the minor is guilty of a Class 4 felony. | ||||||
20 | (720 ILCS 5/11-6.6 new) | ||||||
21 | Sec. 11-6.6. Solicitation to meet a child. | ||||||
22 | (a) A person of the age of 18 or more years commits the | ||||||
23 | offense of solicitation to meet a child if the person while | ||||||
24 | using a computer, cellular telephone, or any other device, with | ||||||
25 | the intent to meet a child or one whom he or she believes to be |
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| |||||||
1 | a child, solicits, entices, induces, or arranges with the child | ||||||
2 | to meet at a location without the knowledge of the child's | ||||||
3 | parent or guardian and the meeting with the child is arranged | ||||||
4 | for a purpose other than a lawful purpose under Illinois law. | ||||||
5 | (b) Sentence. Solicitation to meet a child is a Class A | ||||||
6 | misdemeanor.
Solicitation to meet a child is a Class 4 felony | ||||||
7 | when the solicitor believes he or she is 5 or more years older | ||||||
8 | than the child. | ||||||
9 | (c) For purposes of this Section, "child" means any person | ||||||
10 | under 17 years of age; and "computer" has the meaning ascribed | ||||||
11 | to it in Section 16D-2 of this Code.
| ||||||
12 | (720 ILCS 5/11-9.4)
| ||||||
13 | (Text of Section after amendment by P.A. 95-640 ) | ||||||
14 | Sec. 11-9.4. Approaching, contacting, residing, or | ||||||
15 | communicating with a
child within certain places by child sex | ||||||
16 | offenders
prohibited.
| ||||||
17 | (a) It is unlawful for a child sex offender to knowingly be | ||||||
18 | present in any
public park building or on real property | ||||||
19 | comprising any public park
when persons under the age of
18 are
| ||||||
20 | present in the building or on the grounds
and to approach, | ||||||
21 | contact, or communicate with a child under 18 years of
age,
| ||||||
22 | unless the
offender
is a parent or guardian of a person under | ||||||
23 | 18 years of age present in the
building or on the
grounds.
| ||||||
24 | (b) It is unlawful for a child sex offender to knowingly | ||||||
25 | loiter on a public
way within 500 feet of a public park |
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| |||||||
1 | building or real property comprising any
public park
while | ||||||
2 | persons under the age of 18 are present in the building or on | ||||||
3 | the
grounds
and to approach, contact, or communicate with a | ||||||
4 | child under 18 years of
age,
unless the offender
is a parent or | ||||||
5 | guardian of a person under 18 years of age present in the
| ||||||
6 | building or on the grounds.
| ||||||
7 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
8 | reside within
500 feet of a playground, child care institution, | ||||||
9 | day care center, part day child care facility, or a facility | ||||||
10 | providing programs or services
exclusively directed toward | ||||||
11 | persons under 18 years of age. Nothing in this
subsection (b-5) | ||||||
12 | prohibits a child sex offender from residing within 500 feet
of | ||||||
13 | a playground or a facility providing programs or services | ||||||
14 | exclusively
directed toward persons under 18 years of age if | ||||||
15 | the property is owned by the
child sex offender and was | ||||||
16 | purchased before the effective date of this
amendatory Act of | ||||||
17 | the 91st General Assembly. Nothing in this
subsection (b-5) | ||||||
18 | prohibits a child sex offender from residing within 500 feet
of | ||||||
19 | a child care institution, day care center, or part day child | ||||||
20 | care facility if the property is owned by the
child sex | ||||||
21 | offender and was purchased before the effective date of this
| ||||||
22 | amendatory Act of the 94th General Assembly.
| ||||||
23 | (b-6) It is unlawful for a child sex offender to knowingly | ||||||
24 | reside within
500 feet of the victim of the sex offense. | ||||||
25 | Nothing in this
subsection (b-6) prohibits a child sex offender | ||||||
26 | from residing within 500 feet
of the victim
if the property in |
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| |||||||
1 | which the child sex offender resides is owned by the
child sex | ||||||
2 | offender and was purchased before the effective date of this
| ||||||
3 | amendatory Act of the 92nd General Assembly.
| ||||||
4 | This subsection (b-6) does not apply if the victim of the | ||||||
5 | sex offense
is 21 years of age or older.
| ||||||
6 | (b-7) It is unlawful for a child sex offender to knowingly | ||||||
7 | communicate, other than for a lawful purpose under Illinois | ||||||
8 | law, using the Internet or any other digital media, with a | ||||||
9 | person under 18 years of age or with a person whom he or she | ||||||
10 | believes to be a person under 18 years of age,
unless the | ||||||
11 | offender
is a parent or guardian of the person under 18 years | ||||||
12 | of age. | ||||||
13 | (c) It is unlawful for a child sex offender to knowingly | ||||||
14 | operate, manage,
be employed by, volunteer at, be associated | ||||||
15 | with, or knowingly be present at
any: (i) facility providing
| ||||||
16 | programs or services exclusively directed towards persons | ||||||
17 | under the age of 18; (ii) day care center; (iii) part day child | ||||||
18 | care facility; (iv) child care institution, or (v) school | ||||||
19 | providing before and after school programs for children under | ||||||
20 | 18 years of age.
This does not prohibit a child sex offender | ||||||
21 | from owning the real property upon
which the programs or | ||||||
22 | services are offered or upon which the day care center, part | ||||||
23 | day child care facility, child care institution, or school | ||||||
24 | providing before and after school programs for children under | ||||||
25 | 18 years of age is located, provided the child sex offender
| ||||||
26 | refrains from being present on the premises for the hours |
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1 | during which: (1) the
programs or services are being offered or | ||||||
2 | (2) the day care center, part day child care facility, child | ||||||
3 | care institution, or school providing before and after school | ||||||
4 | programs for children under 18 years of age is operated.
| ||||||
5 | (c-5) It is unlawful for a child sex offender to knowingly | ||||||
6 | operate, manage, be employed by, or be associated with any | ||||||
7 | county fair when persons under the age of 18 are present.
| ||||||
8 | (d) Definitions. In this Section:
| ||||||
9 | (1) "Child sex offender" means any person who:
| ||||||
10 | (i) has been charged under Illinois law, or any | ||||||
11 | substantially similar
federal law
or law of another | ||||||
12 | state, with a sex offense set forth in
paragraph (2) of | ||||||
13 | this subsection (d) or the attempt to commit an | ||||||
14 | included sex
offense, and:
| ||||||
15 | (A) is convicted of such offense or an attempt | ||||||
16 | to commit such offense;
or
| ||||||
17 | (B) is found not guilty by reason of insanity | ||||||
18 | of such offense or an
attempt to commit such | ||||||
19 | offense; or
| ||||||
20 | (C) is found not guilty by reason of insanity | ||||||
21 | pursuant to subsection
(c) of Section 104-25 of the | ||||||
22 | Code of Criminal Procedure of 1963 of such offense
| ||||||
23 | or an attempt to commit such offense; or
| ||||||
24 | (D) is the subject of a finding not resulting | ||||||
25 | in an acquittal at a
hearing conducted pursuant to | ||||||
26 | subsection (a) of Section 104-25 of the Code of
|
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| |||||||
1 | Criminal Procedure of 1963 for the alleged | ||||||
2 | commission or attempted commission
of such | ||||||
3 | offense; or
| ||||||
4 | (E) is found not guilty by reason of insanity | ||||||
5 | following a hearing
conducted pursuant to a | ||||||
6 | federal law or the law of another state | ||||||
7 | substantially
similar to subsection (c) of Section | ||||||
8 | 104-25 of the Code of Criminal Procedure
of 1963 of | ||||||
9 | such offense or of the attempted commission of such | ||||||
10 | offense; or
| ||||||
11 | (F) is the subject of a finding not resulting | ||||||
12 | in an acquittal at a
hearing
conducted pursuant to | ||||||
13 | a federal law or the law of another state | ||||||
14 | substantially
similar to subsection (a) of Section | ||||||
15 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
16 | for the alleged violation or attempted commission | ||||||
17 | of such offense; or
| ||||||
18 | (ii) is certified as a sexually dangerous person | ||||||
19 | pursuant to the
Illinois
Sexually Dangerous Persons | ||||||
20 | Act, or any substantially similar federal
law or the | ||||||
21 | law of another state, when any conduct giving rise to | ||||||
22 | such
certification is committed or attempted against a | ||||||
23 | person less than 18 years of
age; or
| ||||||
24 | (iii) is subject to the provisions of Section 2 of | ||||||
25 | the Interstate
Agreements on Sexually Dangerous | ||||||
26 | Persons Act.
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| |||||||
1 | Convictions that result from or are connected with the | ||||||
2 | same act, or result
from offenses committed at the same | ||||||
3 | time, shall be counted for the purpose of
this Section as | ||||||
4 | one conviction. Any conviction set aside pursuant to law is
| ||||||
5 | not a conviction for purposes of this Section.
| ||||||
6 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
7 | "sex offense"
means:
| ||||||
8 | (i) A violation of any of the following Sections of | ||||||
9 | the Criminal Code of
1961: 10-7 (aiding and abetting | ||||||
10 | child abduction under Section 10-5(b)(10)),
| ||||||
11 | 10-5(b)(10) (child luring), 11-6 (indecent | ||||||
12 | solicitation of a child), 11-6.5
(indecent | ||||||
13 | solicitation of an adult),
11-9 (public indecency when | ||||||
14 | committed in a school, on the real property
comprising | ||||||
15 | a school, on a conveyance owned, leased, or contracted | ||||||
16 | by a
school to transport students to or from school or | ||||||
17 | a school related activity, or
in a public park),
11-9.1 | ||||||
18 | (sexual exploitation of a child), 11-15.1 (soliciting | ||||||
19 | for a juvenile
prostitute), 11-17.1 (keeping a place of | ||||||
20 | juvenile prostitution), 11-18.1
(patronizing a | ||||||
21 | juvenile prostitute), 11-19.1 (juvenile pimping),
| ||||||
22 | 11-19.2 (exploitation of a child), 11-20.1 (child | ||||||
23 | pornography), 11-20.3 (aggravated child pornography), | ||||||
24 | 11-21 (harmful
material), 12-14.1
(predatory criminal | ||||||
25 | sexual assault of a child), 12-33 (ritualized abuse of | ||||||
26 | a
child), 11-20 (obscenity) (when that offense was |
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| |||||||
1 | committed in any school, on
real property comprising | ||||||
2 | any school, on any conveyance owned,
leased, or | ||||||
3 | contracted by a school to transport students to or from | ||||||
4 | school or a
school related activity, or in a public | ||||||
5 | park). An attempt to commit any of
these offenses.
| ||||||
6 | (ii) A violation of any of the following Sections | ||||||
7 | of the Criminal Code
of 1961, when the victim is a | ||||||
8 | person under 18 years of age: 12-13 (criminal
sexual | ||||||
9 | assault), 12-14 (aggravated criminal sexual assault), | ||||||
10 | 12-15 (criminal
sexual abuse), 12-16 (aggravated | ||||||
11 | criminal sexual abuse). An attempt to commit
any of | ||||||
12 | these offenses.
| ||||||
13 | (iii) A violation of any of the following Sections | ||||||
14 | of the Criminal Code
of 1961, when the victim is a | ||||||
15 | person under 18 years of age and the defendant is
not a | ||||||
16 | parent of the victim:
| ||||||
17 | 10-1 (kidnapping),
| ||||||
18 | 10-2 (aggravated kidnapping),
| ||||||
19 | 10-3 (unlawful restraint),
| ||||||
20 | 10-3.1 (aggravated unlawful restraint).
| ||||||
21 | An attempt to commit any of these offenses.
| ||||||
22 | (iv) A violation of any former law of this State | ||||||
23 | substantially
equivalent to any offense listed in | ||||||
24 | clause (2)(i) of this subsection (d).
| ||||||
25 | (2.5) For the purposes of subsection (b-5) only, a sex | ||||||
26 | offense means:
|
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| |||||||
1 | (i) A violation of any of the following Sections of | ||||||
2 | the Criminal Code of
1961:
| ||||||
3 | 10-5(b)(10) (child luring), 10-7 (aiding and | ||||||
4 | abetting child abduction
under Section | ||||||
5 | 10-5(b)(10)), 11-6 (indecent solicitation of
a
| ||||||
6 | child), 11-6.5 (indecent solicitation of an | ||||||
7 | adult), 11-15.1 (soliciting for a
juvenile
| ||||||
8 | prostitute), 11-17.1 (keeping a place of juvenile | ||||||
9 | prostitution), 11-18.1
(patronizing a juvenile | ||||||
10 | prostitute), 11-19.1 (juvenile pimping),
11-19.2 | ||||||
11 | (exploitation of a child), 11-20.1 (child | ||||||
12 | pornography), 11-20.3 (aggravated 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 this
subsection (d) | ||||||
13 | shall constitute a conviction for the purpose of
this | ||||||
14 | Section. A finding or adjudication as a sexually dangerous | ||||||
15 | person under
any federal law or law of another state that | ||||||
16 | is substantially equivalent to the
Sexually Dangerous | ||||||
17 | Persons Act shall constitute an adjudication for the
| ||||||
18 | purposes of this Section.
| ||||||
19 | (4) "Public park" includes a park, forest preserve, or
| ||||||
20 | conservation
area
under the jurisdiction of the State or a | ||||||
21 | unit of local government.
| ||||||
22 | (5) "Facility providing programs or services directed | ||||||
23 | towards persons
under
the age of 18" means any facility | ||||||
24 | providing programs or services exclusively
directed | ||||||
25 | towards persons under the age of 18.
| ||||||
26 | (6) "Loiter" means:
|
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| |||||||
1 | (i) Standing, sitting idly, whether or not the | ||||||
2 | person is in a vehicle or
remaining in or around public | ||||||
3 | park property.
| ||||||
4 | (ii) Standing, sitting idly, whether or not the | ||||||
5 | person is in a vehicle
or remaining in or around public | ||||||
6 | park property, for the purpose of committing
or
| ||||||
7 | attempting to commit a sex offense.
| ||||||
8 | (7) "Playground" means a piece of land owned or | ||||||
9 | controlled by a unit
of
local government that is designated | ||||||
10 | by the unit of local government for use
solely or primarily | ||||||
11 | for children's recreation.
| ||||||
12 | (8) "Child care institution" has the meaning ascribed | ||||||
13 | to it in Section 2.06 of the Child Care Act of 1969.
| ||||||
14 | (9) "Day care center" has the meaning ascribed to it in | ||||||
15 | Section 2.09 of the Child Care Act of 1969. | ||||||
16 | (10) "Part day child care facility" has the meaning | ||||||
17 | ascribed to it in Section 2.10 of the Child Care Act of | ||||||
18 | 1969.
| ||||||
19 | (11) "Internet" means an interactive computer service | ||||||
20 | or system or an
information service, system, or access | ||||||
21 | software provider that provides or
enables computer access | ||||||
22 | by multiple users to a computer server, and includes,
but | ||||||
23 | is not limited to, an information service, system, or | ||||||
24 | access software
provider that provides access to a network | ||||||
25 | system commonly known as the
Internet, or any comparable | ||||||
26 | system or service and also includes, but is not
limited to, |
| |||||||
| |||||||
1 | a World Wide Web page, newsgroup, message board, mailing | ||||||
2 | list, or
chat area on any interactive computer service or | ||||||
3 | system or other online
service. | ||||||
4 | (e) Sentence. A person who violates this Section is guilty | ||||||
5 | of a Class 4
felony.
| ||||||
6 | (Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640, | ||||||
7 | eff. 6-1-08; revised 10-30-07.)
| ||||||
8 | (720 ILCS 5/11-21) (from Ch. 38, par. 11-21)
| ||||||
9 | Sec. 11-21. Harmful material.
| ||||||
10 | (a) As used in this Section:
| ||||||
11 | "Distribute" means transfer possession of, whether | ||||||
12 | with or without consideration.
| ||||||
13 | "Harmful to minors" means that quality of any | ||||||
14 | description or representation, in whatever form, of | ||||||
15 | nudity, sexual conduct, sexual excitement, or | ||||||
16 | sado-masochistic abuse, when, taken as a whole, it (i) | ||||||
17 | predominately appeals to the prurient interest in sex of | ||||||
18 | minors, (ii) is patently offensive to prevailing standards | ||||||
19 | in the adult community in the State as a whole with respect | ||||||
20 | to what is suitable material for minors, and (iii) lacks | ||||||
21 | serious literary, artistic, political, or scientific value | ||||||
22 | for minors.
| ||||||
23 | "Knowingly" means having knowledge of the contents of | ||||||
24 | the subject matter, or recklessly failing to exercise | ||||||
25 | reasonable inspection which would have disclosed the |
| |||||||
| |||||||
1 | contents.
| ||||||
2 | "Material" means (i) any picture, photograph, drawing, | ||||||
3 | sculpture, film, video game, computer game, video or | ||||||
4 | similar visual depiction, including any such | ||||||
5 | representation or image which is stored electronically, or | ||||||
6 | (ii) any book, magazine, printed matter however | ||||||
7 | reproduced, or recorded audio of any sort.
| ||||||
8 | "Minor" means any person under the age of 18.
| ||||||
9 | "Nudity" means the showing of the human male or female | ||||||
10 | genitals, pubic area or buttocks with less than a full | ||||||
11 | opaque covering, or the showing of the female breast with | ||||||
12 | less than a fully opaque covering of any portion below the | ||||||
13 | top of the nipple, or the depiction of covered male | ||||||
14 | genitals in a discernably turgid state.
| ||||||
15 | "Sado-masochistic abuse" means flagellation or torture | ||||||
16 | by or upon a person clad in undergarments, a mask or | ||||||
17 | bizarre costume, or the condition of being fettered, bound | ||||||
18 | or otherwise physically restrained on the part of one | ||||||
19 | clothed for sexual gratification or stimulation.
| ||||||
20 | "Sexual conduct" means acts of masturbation, sexual | ||||||
21 | intercourse, or physical contact with a person's clothed or | ||||||
22 | unclothed genitals, pubic area, buttocks or, if such person | ||||||
23 | be a female, breast.
| ||||||
24 | "Sexual excitement" means the condition of human male | ||||||
25 | or female genitals when in a state of sexual stimulation or | ||||||
26 | arousal.
|
| |||||||
| |||||||
1 | (b) A person is guilty of distributing harmful material to | ||||||
2 | a minor when he or she:
| ||||||
3 | (1) knowingly sells, lends, distributes, or gives away | ||||||
4 | to a minor, knowing that the minor is under the age of 18 | ||||||
5 | or failing to exercise reasonable care in ascertaining the | ||||||
6 | person's true age:
| ||||||
7 | (A) any material which depicts nudity, sexual | ||||||
8 | conduct or sado-masochistic abuse, or which contains | ||||||
9 | explicit and detailed verbal descriptions or narrative | ||||||
10 | accounts of sexual excitement, sexual conduct or | ||||||
11 | sado-masochistic abuse, and which taken as a whole is | ||||||
12 | harmful to minors;
| ||||||
13 | (B) a motion picture, show, or other presentation | ||||||
14 | which depicts nudity, sexual conduct or | ||||||
15 | sado-masochistic abuse and is harmful to minors; or
| ||||||
16 | (C) an admission ticket or pass to premises where | ||||||
17 | there is exhibited or to be exhibited such a motion | ||||||
18 | picture, show, or other presentation; or
| ||||||
19 | (2) admits a minor to premises where there is exhibited | ||||||
20 | or to be exhibited such a motion picture, show, or other | ||||||
21 | presentation, knowing that the minor is a person under the | ||||||
22 | age of 18 or failing to exercise reasonable care in | ||||||
23 | ascertaining the person's true age.
| ||||||
24 | (c) In any prosecution arising under this Section, it is an | ||||||
25 | affirmative defense:
| ||||||
26 | (1) that the minor as to whom the offense is alleged to |
| |||||||
| |||||||
1 | have been committed exhibited to the accused a draft card, | ||||||
2 | driver's license, birth certificate or other official or | ||||||
3 | apparently official document purporting to establish that | ||||||
4 | the minor was 18 years of age or older, which was relied | ||||||
5 | upon by the accused;
| ||||||
6 | (2) that the defendant was in a parental or | ||||||
7 | guardianship relationship with the minor or that the minor | ||||||
8 | was accompanied by a parent or legal guardian;
| ||||||
9 | (3) that the defendant was a bona fide school, museum, | ||||||
10 | or public library, or was a person acting in the course of | ||||||
11 | his or her employment as an employee or official of such | ||||||
12 | organization or retail outlet affiliated with and serving | ||||||
13 | the educational purpose of such organization;
| ||||||
14 | (4) that the act charged was committed in aid of | ||||||
15 | legitimate scientific or educational purposes; or
| ||||||
16 | (5) that an advertisement of harmful material as | ||||||
17 | defined in this Section culminated in the sale or | ||||||
18 | distribution of such harmful material to a child under | ||||||
19 | circumstances where there was no personal confrontation of | ||||||
20 | the child by the defendant, his employees, or agents, as | ||||||
21 | where the order or request for such harmful material was | ||||||
22 | transmitted by mail, telephone, Internet or similar means | ||||||
23 | of communication, and delivery of such harmful material to | ||||||
24 | the child was by mail, freight, Internet or similar means | ||||||
25 | of transport, which advertisement contained the following | ||||||
26 | statement, or a substantially similar statement, and that |
| |||||||
| |||||||
1 | the defendant required the purchaser to certify that he or | ||||||
2 | she was not under the age of 18 and that the purchaser | ||||||
3 | falsely stated that he or she was not under the age of 18: | ||||||
4 | "NOTICE: It is unlawful for any person under the age of 18 | ||||||
5 | to purchase the matter advertised. Any person under the age | ||||||
6 | of 18 that falsely states that he or she is not under the | ||||||
7 | age of 18 for the purpose of obtaining the material | ||||||
8 | advertised is guilty of a Class B misdemeanor under the | ||||||
9 | laws of the State."
| ||||||
10 | (d) The predominant appeal to prurient interest of the | ||||||
11 | material shall be judged with reference to average children of | ||||||
12 | the same general age of the child to whom such material was | ||||||
13 | sold, lent, distributed or given, unless it appears from the | ||||||
14 | nature of the matter or the circumstances of its dissemination | ||||||
15 | or distribution that it is designed for specially susceptible | ||||||
16 | groups, in which case the predominant appeal of the material | ||||||
17 | shall be judged with reference to its intended or probable | ||||||
18 | recipient group.
| ||||||
19 | (e) Distribution of harmful material in violation of this | ||||||
20 | Section is a Class A misdemeanor. A second or subsequent | ||||||
21 | offense is a Class 4 felony.
| ||||||
22 | (f) Any person under the age of 18 that falsely states, | ||||||
23 | either orally or in writing, that he or she is not under the | ||||||
24 | age of 18, or that presents or offers to any person any | ||||||
25 | evidence of age and identity that is false or not actually his | ||||||
26 | or her own for the purpose of ordering, obtaining, viewing, or |
| |||||||
| |||||||
1 | otherwise procuring or attempting to procure or view any | ||||||
2 | harmful material is guilty of a Class B misdemeanor.
| ||||||
3 | (g) A person over the age of 18 who fails to exercise | ||||||
4 | reasonable care in ascertaining the true age of a minor, | ||||||
5 | knowingly distributes to, or sends, or causes to be sent, or | ||||||
6 | exhibits to, or offers to distribute, or exhibits any harmful | ||||||
7 | material to a person that he or she believes is a minor is | ||||||
8 | guilty of a Class A misdemeanor. If that person utilized a | ||||||
9 | computer web camera, cellular telephone, or any other type of | ||||||
10 | device to manufacture the harmful material, then each offense | ||||||
11 | is a Class 4 felony. | ||||||
12 | (h) Telecommunications carriers, commercial mobile service | ||||||
13 | providers, and providers of information services, including, | ||||||
14 | but not limited to, Internet service providers and hosting | ||||||
15 | service providers, are not liable under this Section, except | ||||||
16 | for willful and wanton misconduct, by virtue of the | ||||||
17 | transmission, storage, or caching of electronic communications | ||||||
18 | or messages of others or by virtue of the provision of other | ||||||
19 | related telecommunications, commercial mobile services, or | ||||||
20 | information services used by others in violation of this | ||||||
21 | Section. | ||||||
22 | (Source: P.A. 94-315, eff. 1-1-06.)
| ||||||
23 | (720 ILCS 5/11-23)
| ||||||
24 | Sec. 11-23. Posting of identifying or graphic information | ||||||
25 | on a pornographic
Internet site or possessing graphic |
| |||||||
| |||||||
1 | information with pornographic material .
| ||||||
2 | (a) A person at least 17 years of age who discloses on an | ||||||
3 | adult obscenity or
child
pornography Internet site the name, | ||||||
4 | address, telephone number, or e-mail
address of a person
under | ||||||
5 | 17 years of age at the time of the commission of
the offense or | ||||||
6 | of a person at least 17 years of age without the consent of
the | ||||||
7 | person at least 17 years of age is guilty of the offense of | ||||||
8 | posting of
identifying information on a pornographic Internet | ||||||
9 | site.
| ||||||
10 | (a-5) Any person who places, posts, reproduces, or | ||||||
11 | maintains on an adult obscenity or child pornography Internet | ||||||
12 | site a photograph, video, or digital image of a person under 18 | ||||||
13 | years of age that is not child pornography under Section | ||||||
14 | 11-20.1, without the knowledge and consent of the person under | ||||||
15 | 18 years of age, is guilty of the offense of posting of graphic | ||||||
16 | information on a pornographic Internet site. This provision | ||||||
17 | applies even if the person under 18 years of age is fully or | ||||||
18 | properly clothed in the photograph, video, or digital image. | ||||||
19 | (a-10) Any person who places, posts, reproduces, or | ||||||
20 | maintains on an adult obscenity or child pornography Internet | ||||||
21 | site, or possesses with obscene or child pornographic material | ||||||
22 | a photograph, video, or digital image of a person under 18 | ||||||
23 | years of age in which the child is posed in a suggestive manner | ||||||
24 | with the focus or concentration of the image on the child's | ||||||
25 | clothed genitals, clothed pubic area, clothed buttocks area, or | ||||||
26 | if the child is female, the breast exposed through transparent |
| |||||||
| |||||||
1 | clothing, and the photograph, video, or digital image is not | ||||||
2 | child pornography under Section 11-20.1, is guilty of posting | ||||||
3 | of graphic information on a pornographic Internet site or | ||||||
4 | possessing graphic information with pornographic material. | ||||||
5 | (b) Sentence. A person who violates subsection (a) of this | ||||||
6 | Section is guilty of a Class 4
felony if the victim is at least | ||||||
7 | 17 years of age at the time of the offense and
a
Class 3 felony | ||||||
8 | if the victim is under 17 years of age at the time of the
| ||||||
9 | offense. A person who violates subsection (a-5) of this Section | ||||||
10 | is guilty of a Class 4 felony. A person who violates subsection | ||||||
11 | (a-10) of this Section is guilty of a Class 3 felony.
| ||||||
12 | (c) Definitions. For purposes of this Section:
| ||||||
13 | (1) "Adult obscenity or child pornography Internet | ||||||
14 | site" means a site on
the Internet that contains material | ||||||
15 | that is obscene as defined in Section 11-20
of this Code or
| ||||||
16 | that is child pornography as defined in Section 11-20.1 of | ||||||
17 | this Code.
| ||||||
18 | (2) "Internet" includes the World Wide Web, electronic | ||||||
19 | mail, a
news group posting, or Internet file transfer.
| ||||||
20 | (Source: P.A. 91-222, eff. 7-22-99.)
| ||||||
21 | (720 ILCS 5/11-24) | ||||||
22 | Sec. 11-24. Child photography by sex offender. | ||||||
23 | (a) In this Section: | ||||||
24 | "Child" means a person under 18 years of age. | ||||||
25 | "Child sex offender" has the meaning ascribed to it in
|
| |||||||
| |||||||
1 | Section 11-9.3 of this Code. | ||||||
2 | (b) It is unlawful for a child sex offender to
knowingly: | ||||||
3 | (1) conduct or operate any type of business in
which he | ||||||
4 | or she photographs, videotapes, or takes a
digital image of | ||||||
5 | a child; or | ||||||
6 | (2) conduct or operate any type of business in
which he | ||||||
7 | or she instructs or directs another person to
photograph, | ||||||
8 | videotape, or take a digital image of a
child ; or . | ||||||
9 | (3) photograph, videotape, or take a digital image of a | ||||||
10 | child, or instruct or direct another person to photograph, | ||||||
11 | videotape, or take a digital image of a child without the | ||||||
12 | consent of the parent or guardian. | ||||||
13 | (c) Sentence. A violation of this Section is a Class 2
| ||||||
14 | felony. A person who violates this Section at a playground, | ||||||
15 | park facility, school, forest preserve, day care facility, or | ||||||
16 | at a facility providing programs or services directed to | ||||||
17 | persons under 17 years of age is guilty of a Class 1 felony.
| ||||||
18 | (Source: P.A. 93-905, eff. 1-1-05.)
|