HB5809 94TH GENERAL ASSEMBLY

LRB094 21110 RLC 59439 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5809

Introduced 07/28/06, by Rep. Tom Cross

SYNOPSIS AS INTRODUCED:

720 ILCS 5/11-6

from Ch. 38, par. 11-6

Amends the Criminal Code of 1961. Provides that a person of the age of 17 years and upwards commits the offense of indecent solicitation of a child if the person, by means of the Internet, discusses actual or simulated sex acts with a child or with one whom he or she believes to be a child. Provides that it is not a defense to this provision that the person did not solicit the child to perform a sex act with the person. Provides that a violation of this provision is a Class 4 felony. Effective March 1, 2007.

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, by means of the Internet, discusses actual or simulated sex acts with a child or with one whom he or she believes to be a child.

(a-6) It is not a defense to subsection (a-5) that the person did not solicit the child to perform a sex act with the person.

(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.

"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.

"Sex act" means an act of sexual penetration or sexual conduct as defined in Section 12-12 of this Code.

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

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

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

(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.

(Source: P.A. 91-226, eff. 7-22-99.)

Section 99. Effective date. This Act takes effect March 1, 2007.