HB3284 97TH GENERAL ASSEMBLY

LRB097 08254 RLC 48380 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3284

Introduced 2/24/2011, by Rep. Sidney H. Mathias - Dwight Kay - John D. Cavaletto

SYNOPSIS AS INTRODUCED:

720 ILCS 5/11-6

from Ch. 38, par. 11-6

Amends the Criminal Code of 1961. Provides that a person who commits the offense of indecent solicitation of a child by the knowing use of a computer on-line service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission and misrepresents his or her age to the child or one whom he or she believes to be a child is guilty of a felony offense that is one class higher than the penalty for the same conduct committed without using a computer on-line service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by changing Section 11-6 as follows:

(720 ILCS 5/11-6) (from Ch. 38, par. 11-6)

Sec. 11-6. Indecent solicitation of a child.

(a) A person of the age of 17 years and upwards commits the offense of indecent solicitation of a child if the person, with the intent that the offense of aggravated criminal sexual assault, criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed, knowingly solicits a child or one whom he or she believes to be a child to perform an act of sexual penetration or sexual conduct as defined in Section 12-12 of this Code.

(a-5) A person of the age of 17 years and upwards commits the offense of indecent solicitation of a child if the person knowingly discusses an act of sexual conduct or sexual penetration with a child or with one whom he or she believes to be a child by means of the Internet with the intent that the offense of aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed.

(a-6) It is not a defense to subsection (a-5) that the person did not solicit the child to perform sexual conduct or sexual penetration with the person.

(a-7) A person of the age of 17 years and upwards commits the offense of indecent solicitation of a child if the person knowingly uses a computer on-line service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to violate subsection (a) of this Section and misrepresents his or her age to the child or one whom he or she believes to be a child.

(b) Definitions. As used in this Section:

"Solicit" means to command, authorize, urge, incite, request, or advise another to perform an act by any means including, but not limited to, in person, over the phone, in writing, by computer, or by advertisement of any kind.

"Computer", "on-line", and "Internet" have the meanings ascribed to them in Section 16J-5 of this Code.

"Child" means a person under 17 years of age.

"Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.

"Sexual penetration" or "sexual conduct" are defined in Section 12-12 of this Code.

(c) Sentence. (1) Indecent solicitation of a child under subsection (a) is:

(A) (1) a Class 1 felony when the act, if done, would be predatory criminal sexual assault of a child or aggravated criminal sexual assault;

(B) (2) a Class 2 felony when the act, if done, would be criminal sexual assault;

(C) (3) a Class 3 felony when the act, if done, would be aggravated criminal sexual abuse.

Indecent solicitation of a child under subsection (a-5) is a Class 4 felony.

(2) Indecent solicitation of a child under subsection (a-7) is:

(A) a Class X felony when the act, if done, would be predatory criminal sexual assault of a child or aggravated criminal sexual assault;

(B) a Class 1 felony when the act, if done, would be criminal sexual assault;

(C) a Class 2 felony when the act, if done, would be aggravated criminal sexual abuse.

(Source: P.A. 95-143, eff. 1-1-08.)