94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5327

 

Introduced 01/26/06, by Rep. Kevin Joyce

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-21   from Ch. 38, par. 11-21

    Amends the Criminal Code of 1961. Provides that a seller or distributor of material that is harmful to minors must place such material on shelves that are over 4 feet above the floor of the room where the harmful material is distributed or sold. Provides that a seller or distributor of material that is harmful to minors who violates this provision is guilty of a Class A misdemeanor. Effective immediately.


LRB094 18108 RLC 53413 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5327 LRB094 18108 RLC 53413 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 11-21 as follows:
 
6     (720 ILCS 5/11-21)  (from Ch. 38, par. 11-21)
7     Sec. 11-21. Harmful material.
8     (a) As used in this Section:
9         "Distribute" means transfer possession of, whether
10     with or without consideration.
11         "Harmful to minors" means that quality of any
12     description or representation, in whatever form, of
13     nudity, sexual conduct, sexual excitement, or
14     sado-masochistic abuse, when, taken as a whole, it (i)
15     predominately appeals to the prurient interest in sex of
16     minors, (ii) is patently offensive to prevailing standards
17     in the adult community in the State as a whole with respect
18     to what is suitable material for minors, and (iii) lacks
19     serious literary, artistic, political, or scientific value
20     for minors.
21         "Knowingly" means having knowledge of the contents of
22     the subject matter, or recklessly failing to exercise
23     reasonable inspection which would have disclosed the
24     contents.
25         "Material" means (i) any picture, photograph, drawing,
26     sculpture, film, video game, computer game, video or
27     similar visual depiction, including any such
28     representation or image which is stored electronically, or
29     (ii) any book, magazine, printed matter however
30     reproduced, or recorded audio of any sort.
31         "Minor" means any person under the age of 18.
32         "Nudity" means the showing of the human male or female

 

 

HB5327 - 2 - LRB094 18108 RLC 53413 b

1     genitals, pubic area or buttocks with less than a full
2     opaque covering, or the showing of the female breast with
3     less than a fully opaque covering of any portion below the
4     top of the nipple, or the depiction of covered male
5     genitals in a discernably turgid state.
6         "Sado-masochistic abuse" means flagellation or torture
7     by or upon a person clad in undergarments, a mask or
8     bizarre costume, or the condition of being fettered, bound
9     or otherwise physically restrained on the part of one
10     clothed for sexual gratification or stimulation.
11         "Sexual conduct" means acts of masturbation, sexual
12     intercourse, or physical contact with a person's clothed or
13     unclothed genitals, pubic area, buttocks or, if such person
14     be a female, breast.
15         "Sexual excitement" means the condition of human male
16     or female genitals when in a state of sexual stimulation or
17     arousal.
18     (b) A person is guilty of distributing harmful material to
19 a minor when he or she:
20         (1) knowingly sells, lends, distributes, or gives away
21     to a minor, knowing that the minor is under the age of 18
22     or failing to exercise reasonable care in ascertaining the
23     person's true age:
24             (A) any material which depicts nudity, sexual
25         conduct or sado-masochistic abuse, or which contains
26         explicit and detailed verbal descriptions or narrative
27         accounts of sexual excitement, sexual conduct or
28         sado-masochistic abuse, and which taken as a whole is
29         harmful to minors;
30             (B) a motion picture, show, or other presentation
31         which depicts nudity, sexual conduct or
32         sado-masochistic abuse and is harmful to minors; or
33             (C) an admission ticket or pass to premises where
34         there is exhibited or to be exhibited such a motion
35         picture, show, or other presentation; or
36         (2) admits a minor to premises where there is exhibited

 

 

HB5327 - 3 - LRB094 18108 RLC 53413 b

1     or to be exhibited such a motion picture, show, or other
2     presentation, knowing that the minor is a person under the
3     age of 18 or failing to exercise reasonable care in
4     ascertaining the person's true age.
5     (c) In any prosecution arising under this Section, it is an
6 affirmative defense:
7         (1) that the minor as to whom the offense is alleged to
8     have been committed exhibited to the accused a draft card,
9     driver's license, birth certificate or other official or
10     apparently official document purporting to establish that
11     the minor was 18 years of age or older, which was relied
12     upon by the accused;
13         (2) that the defendant was in a parental or
14     guardianship relationship with the minor or that the minor
15     was accompanied by a parent or legal guardian;
16         (3) that the defendant was a bona fide school, museum,
17     or public library, or was a person acting in the course of
18     his or her employment as an employee or official of such
19     organization or retail outlet affiliated with and serving
20     the educational purpose of such organization;
21         (4) that the act charged was committed in aid of
22     legitimate scientific or educational purposes; or
23         (5) that an advertisement of harmful material as
24     defined in this Section culminated in the sale or
25     distribution of such harmful material to a child under
26     circumstances where there was no personal confrontation of
27     the child by the defendant, his employees, or agents, as
28     where the order or request for such harmful material was
29     transmitted by mail, telephone, Internet or similar means
30     of communication, and delivery of such harmful material to
31     the child was by mail, freight, Internet or similar means
32     of transport, which advertisement contained the following
33     statement, or a substantially similar statement, and that
34     the defendant required the purchaser to certify that he or
35     she was not under the age of 18 and that the purchaser
36     falsely stated that he or she was not under the age of 18:

 

 

HB5327 - 4 - LRB094 18108 RLC 53413 b

1     "NOTICE: It is unlawful for any person under the age of 18
2     to purchase the matter advertised. Any person under the age
3     of 18 that falsely states that he or she is not under the
4     age of 18 for the purpose of obtaining the material
5     advertised is guilty of a Class B misdemeanor under the
6     laws of the State."
7     (d) The predominant appeal to prurient interest of the
8 material shall be judged with reference to average children of
9 the same general age of the child to whom such material was
10 sold, lent, distributed or given, unless it appears from the
11 nature of the matter or the circumstances of its dissemination
12 or distribution that it is designed for specially susceptible
13 groups, in which case the predominant appeal of the material
14 shall be judged with reference to its intended or probable
15 recipient group.
16     (e) Distribution of harmful material in violation of this
17 Section is a Class A misdemeanor. A second or subsequent
18 offense is a Class 4 felony.
19     (f) Any person under the age of 18 that falsely states,
20 either orally or in writing, that he or she is not under the
21 age of 18, or that presents or offers to any person any
22 evidence of age and identity that is false or not actually his
23 or her own for the purpose of ordering, obtaining, viewing, or
24 otherwise procuring or attempting to procure or view any
25 harmful material is guilty of a Class B misdemeanor.
26     (g) A seller or distributor of material that is harmful to
27 minors must place such material on shelves that are over 4 feet
28 above the floor of the room where the harmful material is
29 distributed or sold. A seller or distributor of material that
30 is harmful to minors who violates this subsection (g) is guilty
31 of a Class A misdemeanor.
32 (Source: P.A. 94-315, eff. 1-1-06.)
 
33     Section 99. Effective date. This Act takes effect upon
34 becoming law.