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.


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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 1961 is amended by changing
5Section 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 the
9offense of indecent solicitation of a child if the person, with
10the intent that the offense of aggravated criminal sexual
11assault, criminal sexual assault, predatory criminal sexual
12assault of a child, or aggravated criminal sexual abuse be
13committed, knowingly solicits a child or one whom he or she
14believes to be a child to perform an act of sexual penetration
15or sexual conduct as defined in Section 12-12 of this Code.
16    (a-5) A person of the age of 17 years and upwards commits
17the offense of indecent solicitation of a child if the person
18knowingly discusses an act of sexual conduct or sexual
19penetration with a child or with one whom he or she believes to
20be a child by means of the Internet with the intent that the
21offense of aggravated criminal sexual assault, predatory
22criminal sexual assault of a child, or aggravated criminal
23sexual abuse be committed.

 

 

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1    (a-6) It is not a defense to subsection (a-5) that the
2person did not solicit the child to perform sexual conduct or
3sexual penetration with the person.
4    (a-7) A person of the age of 17 years and upwards commits
5the offense of indecent solicitation of a child if the person
6knowingly uses a computer on-line service, Internet service,
7local bulletin board service, or any other device capable of
8electronic data storage or transmission to violate subsection
9(a) of this Section and misrepresents his or her age to the
10child or one whom he or she believes to be a child.
11    (b) Definitions. As used in this Section:
12        "Solicit" means to command, authorize, urge, incite,
13    request, or advise another to perform an act by any means
14    including, but not limited to, in person, over the phone,
15    in writing, by computer, or by advertisement of any kind.
16        "Computer", "on-line", and "Internet" have the
17    meanings ascribed to them in Section 16J-5 of this Code.
18        "Child" means a person under 17 years of age.
19        "Internet" means an interactive computer service or
20    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,

 

 

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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        "Sexual penetration" or "sexual conduct" are defined
5    in Section 12-12 of this Code.
6    (c) Sentence. (1) Indecent solicitation of a child under
7subsection (a) is:
8        (A) (1) a Class 1 felony when the act, if done, would
9    be predatory criminal sexual assault of a child or
10    aggravated criminal sexual assault;
11        (B) (2) a Class 2 felony when the act, if done, would
12    be criminal sexual assault;
13        (C) (3) a Class 3 felony when the act, if done, would
14    be aggravated criminal sexual abuse.
15    Indecent solicitation of a child under subsection (a-5) is
16a Class 4 felony.
17    (2) Indecent solicitation of a child under subsection (a-7)
18is:
19        (A) a Class X felony when the act, if done, would be
20    predatory criminal sexual assault of a child or aggravated
21    criminal sexual assault;
22        (B) a Class 1 felony when the act, if done, would be
23    criminal sexual assault;
24        (C) a Class 2 felony when the act, if done, would be
25    aggravated criminal sexual abuse.
26(Source: P.A. 95-143, eff. 1-1-08.)