Full Text of HB2858 95th General Assembly
HB2858enr 95TH GENERAL ASSEMBLY
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HB2858 Enrolled |
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LRB095 06097 RLC 26190 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, | | 3 |
| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | | 5 |
| Section 11-6 as follows:
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| (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
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| Sec. 11-6. Indecent solicitation of a child.
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| (a) A person of the age of 17 years and upwards commits the | | 9 |
| offense of
indecent solicitation of a child if the person, with | | 10 |
| the intent that the
offense of aggravated criminal sexual | | 11 |
| assault, criminal sexual assault,
predatory criminal sexual | | 12 |
| assault of a child, or aggravated criminal sexual
abuse be | | 13 |
| committed, knowingly solicits a child or one whom he or she | | 14 |
| believes
to be a child to perform an act of sexual penetration | | 15 |
| or sexual conduct as
defined in Section 12-12 of this Code.
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| (a-5) A person of the age of 17 years and upwards commits | | 17 |
| the offense of
indecent solicitation of a child if the person | | 18 |
| knowingly discusses an act of sexual conduct or sexual | | 19 |
| penetration with a child or with one whom he or she believes
to | | 20 |
| be a child by means of the Internet with the intent that the | | 21 |
| offense of aggravated criminal sexual assault, predatory | | 22 |
| criminal sexual assault of a child, or aggravated criminal | | 23 |
| sexual abuse be committed. |
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HB2858 Enrolled |
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LRB095 06097 RLC 26190 b |
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| (a-6) It is not a defense to subsection (a-5) that the | | 2 |
| person did not solicit the child to perform sexual conduct or | | 3 |
| sexual penetration with the person.
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| (b) Definitions. As used in this Section:
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| "Solicit" means to command, authorize, urge, incite, | | 6 |
| request, or
advise another to perform an act by any means | | 7 |
| including, but not limited to, in
person, over the phone, | | 8 |
| in writing, by computer, or by advertisement of any
kind.
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| "Child" means a person under 17 years of age.
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| "Internet" means an interactive computer service or | | 11 |
| system or an
information service, system, or access | | 12 |
| software provider that provides or
enables computer access | | 13 |
| by multiple users to a computer server, and includes,
but | | 14 |
| is not limited to, an information service, system, or | | 15 |
| access software
provider that provides access to a network | | 16 |
| system commonly known as the
Internet, or any comparable | | 17 |
| system or service and also includes, but is not
limited to, | | 18 |
| a World Wide Web page, newsgroup, message board, mailing | | 19 |
| list, or
chat area on any interactive computer service or | | 20 |
| system or other online
service.
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| "Sexual penetration" or "sexual conduct" are defined | | 22 |
| in Section 12-12 of this Code.
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| (c) Sentence. Indecent solicitation of a child under | | 24 |
| subsection (a) is:
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| (1) a Class 1 felony when the act, if done, would be | | 26 |
| predatory criminal
sexual assault of a child or aggravated |
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HB2858 Enrolled |
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LRB095 06097 RLC 26190 b |
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| criminal sexual assault;
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| (2) a Class 2 felony when the act, if done, would be | | 3 |
| criminal sexual
assault;
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| (3) a Class 3 felony when the act, if done, would be | | 5 |
| aggravated criminal
sexual abuse.
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| Indecent solicitation of a child under subsection (a-5) is | | 7 |
| a Class 4 felony.
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| (Source: P.A. 91-226, eff. 7-22-99.)
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