100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5768

 

Introduced , by Rep. John Connor

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-1.40  was 720 ILCS 5/12-14.1
720 ILCS 5/11-9.1  from Ch. 38, par. 11-9.1

    Amends the Criminal Code of 2012. Places the offenses of attempted predatory criminal sexual assault of a child and attempted sexual exploitation of a child in the offense provision for each respective offense. Defines the offenses and provides penalties.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 11-1.40 and 11-9.1 as follows:
 
6    (720 ILCS 5/11-1.40)   (was 720 ILCS 5/12-14.1)
7    Sec. 11-1.40. Predatory criminal sexual assault of a child;
8attempted predatory criminal sexual assault of a child.
9    (a) A person commits predatory criminal sexual assault of a
10child if that person is 17 years of age or older, and commits
11an act of contact, however slight, between the sex organ or
12anus of one person and the part of the body of another for the
13purpose of sexual gratification or arousal of the victim or the
14accused, or an act of sexual penetration, and:
15        (1) the victim is under 13 years of age; or
16        (2) the victim is under 13 years of age and that
17    person:
18            (A) is armed with a firearm;
19            (B) personally discharges a firearm during the
20        commission of the offense;
21            (C) causes great bodily harm to the victim that:
22                (i) results in permanent disability; or
23                (ii) is life threatening; or

 

 

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1            (D) delivers (by injection, inhalation, ingestion,
2        transfer of possession, or any other means) any
3        controlled substance to the victim without the
4        victim's consent or by threat or deception, for other
5        than medical purposes.
6    (a-5) A person commits attempted predatory criminal sexual
7assault of a child when he or she, with intent to commit
8predatory criminal sexual assault of a child as defined in
9subsection (a) of this Section, does any act that constitutes a
10substantial step toward the commission of predatory criminal
11sexual assault of a child.
12    (b) Sentence.
13        (1) A person convicted of a violation of subsection
14    (a)(1) commits a Class X felony, for which the person shall
15    be sentenced to a term of imprisonment of not less than 6
16    years and not more than 60 years. A person convicted of a
17    violation of subsection (a)(2)(A) commits a Class X felony
18    for which 15 years shall be added to the term of
19    imprisonment imposed by the court. A person convicted of a
20    violation of subsection (a)(2)(B) commits a Class X felony
21    for which 20 years shall be added to the term of
22    imprisonment imposed by the court. A person who has
23    attained the age of 18 years at the time of the commission
24    of the offense and who is convicted of a violation of
25    subsection (a)(2)(C) commits a Class X felony for which the
26    person shall be sentenced to a term of imprisonment of not

 

 

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1    less than 50 years or up to a term of natural life
2    imprisonment. An offender under the age of 18 years at the
3    time of the commission of predatory criminal sexual assault
4    of a child in violation of subsections (a)(1), (a)(2)(A),
5    (a)(2)(B), and (a)(2)(C) shall be sentenced under Section
6    5-4.5-105 of the Unified Code of Corrections.
7        (1.1) A person convicted of a violation of subsection
8    (a)(2)(D) commits a Class X felony for which the person
9    shall be sentenced to a term of imprisonment of not less
10    than 50 years and not more than 60 years. An offender under
11    the age of 18 years at the time of the commission of
12    predatory criminal sexual assault of a child in violation
13    of subsection (a)(2)(D) shall be sentenced under Section
14    5-4.5-105 of the Unified Code of Corrections.
15        (1.2) A person who has attained the age of 18 years at
16    the time of the commission of the offense and convicted of
17    predatory criminal sexual assault of a child committed
18    against 2 or more persons regardless of whether the
19    offenses occurred as the result of the same act or of
20    several related or unrelated acts shall be sentenced to a
21    term of natural life imprisonment and an offender under the
22    age of 18 years at the time of the commission of the
23    offense shall be sentenced under Section 5-4.5-105 of the
24    Unified Code of Corrections.
25        (2) A person who has attained the age of 18 years at
26    the time of the commission of the offense and who is

 

 

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1    convicted of a second or subsequent offense of predatory
2    criminal sexual assault of a child, or who is convicted of
3    the offense of predatory criminal sexual assault of a child
4    after having previously been convicted of the offense of
5    criminal sexual assault or the offense of aggravated
6    criminal sexual assault, or who is convicted of the offense
7    of predatory criminal sexual assault of a child after
8    having previously been convicted under the laws of this
9    State or any other state of an offense that is
10    substantially equivalent to the offense of predatory
11    criminal sexual assault of a child, the offense of
12    aggravated criminal sexual assault or the offense of
13    criminal sexual assault, shall be sentenced to a term of
14    natural life imprisonment. The commission of the second or
15    subsequent offense is required to have been after the
16    initial conviction for this paragraph (2) to apply. An
17    offender under the age of 18 years at the time of the
18    commission of the offense covered by this paragraph (2)
19    shall be sentenced under Section 5-4.5-105 of the Unified
20    Code of Corrections.
21        (3) Attempted predatory criminal sexual assault of a
22    child under subsection (a-5) of this Section is a Class 1
23    felony.
24(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14;
2598-903, eff. 8-15-14; 99-69, eff. 1-1-16.)
 

 

 

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1    (720 ILCS 5/11-9.1)  (from Ch. 38, par. 11-9.1)
2    Sec. 11-9.1. Sexual exploitation of a child; attempted
3sexual exploitation of a child.
4    (a) A person commits sexual exploitation of a child if in
5the presence or virtual presence, or both, of a child and with
6knowledge that a child or one whom he or she believes to be a
7child would view his or her acts, that person:
8        (1) engages in a sexual act; or
9        (2) exposes his or her sex organs, anus or breast for
10    the purpose of sexual arousal or gratification of such
11    person or the child or one whom he or she believes to be a
12    child.
13    (a-5) A person commits sexual exploitation of a child who
14knowingly entices, coerces, or persuades a child to remove the
15child's clothing for the purpose of sexual arousal or
16gratification of the person or the child, or both.
17    (a-6) A person commits attempted sexual exploitation of a
18child when he or she, with intent to commit sexual exploitation
19of a child as defined in subsection (a) or (a-5) of this
20Section, does any act that constitutes a substantial step
21toward the commission of sexual exploitation of a child.
22    (b) Definitions. As used in this Section:
23    "Sexual act" means masturbation, sexual conduct or sexual
24penetration as defined in Section 11-0.1 of this Code.
25    "Sex offense" means any violation of Article 11 of this
26Code or Section 12-5.01 of this Code.

 

 

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1    "Child" means a person under 17 years of age.
2    "Virtual presence" means an environment that is created
3with software and presented to the user and or receiver via the
4Internet, in such a way that the user appears in front of the
5receiver on the computer monitor or screen or hand-held hand
6held portable electronic device, usually through a web camming
7program. "Virtual presence" includes primarily experiencing
8through sight or sound, or both, a video image that can be
9explored interactively at a personal computer or hand-held hand
10held communication device, or both.
11    "Webcam" means a video capturing device connected to a
12computer or computer network that is designed to take digital
13photographs or live or recorded video which allows for the live
14transmission to an end user over the Internet.
15    (c) Sentence.
16        (1) Sexual exploitation of a child is a Class A
17    misdemeanor. A second or subsequent violation of this
18    Section or a substantially similar law of another state is
19    a Class 4 felony.
20        (2) Sexual exploitation of a child is a Class 4 felony
21    if the person has been previously convicted of a sex
22    offense.
23        (3) Sexual exploitation of a child is a Class 4 felony
24    if the victim was under 13 years of age at the time of the
25    commission of the offense.
26        (4) Sexual exploitation of a child is a Class 4 felony

 

 

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1    if committed by a person 18 years of age or older who is on
2    or within 500 feet of elementary or secondary school
3    grounds when children are present on the grounds.
4        (5) Attempted sexual exploitation of a child is a Class
5    B misdemeanor. A second or subsequent violation of
6    subsection (a-6) of this Section or a substantially similar
7    law of another state is a Class A misdemeanor.
8        (6) Attempted sexual exploitation of a child is a Class
9    A misdemeanor if the person has been previously convicted
10    of a sex offense.
11        (7) Attempted sexual exploitation of a child is a Class
12    A misdemeanor if the victim was under 13 years of age at
13    the time of the commission of the offense.
14        (8) Attempted sexual exploitation of a child is a Class
15    A misdemeanor if committed by a person 18 years of age or
16    older who is on or within 500 feet of elementary or
17    secondary school grounds when children are present on the
18    grounds.
19(Source: P.A. 96-1090, eff. 1-1-11; 96-1098, eff. 1-1-11;
2096-1551, eff. 7-1-11; 97-333, eff. 8-12-11; 97-1150, eff.
211-25-13; revised 10-5-17.)