|
| | HB5090 Engrossed | | LRB097 18139 RLC 63363 b |
|
|
| 1 | | AN ACT concerning criminal law.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Criminal Code of 1961 is amended by changing |
| 5 | | Section 11-6 as follows:
|
| 6 | | (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
|
| 7 | | Sec. 11-6. Indecent solicitation of a child.
|
| 8 | | (a) A person of the age of 17 years and upwards commits
|
| 9 | | indecent solicitation of a child if the person, with the intent |
| 10 | | that the
offense of aggravated criminal sexual assault, |
| 11 | | criminal sexual assault,
predatory criminal sexual assault of a |
| 12 | | child, or aggravated criminal sexual
abuse be committed, |
| 13 | | knowingly solicits a child or one whom he or she believes
to be |
| 14 | | a child to perform an act of sexual penetration or sexual |
| 15 | | conduct as
defined in Section 11-0.1 of this Code.
|
| 16 | | (a-5) A person of the age of 17 years and upwards commits
|
| 17 | | indecent solicitation of a child if the person knowingly |
| 18 | | discusses an act of sexual conduct or sexual penetration with a |
| 19 | | child or with one whom he or she believes
to be a child by means |
| 20 | | of the Internet with the intent that the offense of aggravated |
| 21 | | criminal sexual assault, predatory criminal sexual assault of a |
| 22 | | child, or aggravated criminal sexual abuse be committed. |
| 23 | | (a-6) It is not a defense to subsection (a-5) that the |
|
| | HB5090 Engrossed | - 2 - | LRB097 18139 RLC 63363 b |
|
|
| 1 | | person did not solicit the child to perform sexual conduct or |
| 2 | | sexual penetration with the person.
|
| 3 | | (a-7) A person of the age of 17 years and upwards commits |
| 4 | | indecent solicitation of a child if the person knowingly uses a |
| 5 | | computer online service, Internet service, local bulletin |
| 6 | | board service, or any other device capable of electronic data |
| 7 | | storage or transmission to violate subsection (a) of this |
| 8 | | Section and misrepresents his or her age to the child or one |
| 9 | | whom he or she believes
to be a child. |
| 10 | | (b) Definitions. As used in this Section:
|
| 11 | | "Solicit" means to command, authorize, urge, incite, |
| 12 | | request, or
advise another to perform an act by any means |
| 13 | | including, but not limited to, in
person, over the phone, |
| 14 | | in writing, by computer, or by advertisement of any
kind.
|
| 15 | | "Computer", "online", and "Internet" have the meanings |
| 16 | | ascribed to them in Section 16-0.1 of this Code.
|
| 17 | | "Child" means a person under 17 years of age.
|
| 18 | | "Internet" has the meaning set forth in Section 16J-5 |
| 19 | | of this Code.
|
| 20 | | "Sexual penetration" or "sexual conduct" are defined |
| 21 | | in Section 11-0.1 of this Code.
|
| 22 | | (c) Sentence. (1) Indecent solicitation of a child under |
| 23 | | subsection (a) is:
|
| 24 | | (A) (1) a Class 1 felony when the act, if done, would |
| 25 | | be predatory criminal
sexual assault of a child or |
| 26 | | aggravated criminal sexual assault;
|
|
| | HB5090 Engrossed | - 3 - | LRB097 18139 RLC 63363 b |
|
|
| 1 | | (B) (2) a Class 2 felony when the act, if done, would |
| 2 | | be criminal sexual
assault;
|
| 3 | | (C) (3) a Class 3 felony when the act, if done, would |
| 4 | | be aggravated criminal
sexual abuse.
|
| 5 | | Indecent solicitation of a child under subsection (a-5) is |
| 6 | | a Class 4 felony.
|
| 7 | | (2) Indecent solicitation of a child under subsection (a-7) |
| 8 | | is: |
| 9 | | (A) a Class X felony when the act, if done, would be |
| 10 | | predatory criminal
sexual assault of a child or aggravated |
| 11 | | criminal sexual assault; |
| 12 | | (B) a Class 1 felony when the act, if done, would be |
| 13 | | criminal sexual
assault; |
| 14 | | (C) a Class 2 felony when the act, if done, would be |
| 15 | | aggravated criminal
sexual abuse. |
| 16 | | (Source: P.A. 95-143, eff. 1-1-08; 96-1551, eff. 7-1-11.)
|