HB4290eng 95TH GENERAL ASSEMBLY

HB4290 Engrossed LRB095 15493 RLC 41486 b

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 11-9 as follows:

(720 ILCS 5/11-9) (from Ch. 38, par. 11-9)

Sec. 11-9. Public indecency.

(a) Any person of the age of 17 years and upwards who performs any of the following acts in a public place commits a public indecency:

(1) An act of sexual penetration or sexual conduct as defined in Section 12-12 of this Code; or

(2) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person.

Breast-feeding of infants is not an act of public indecency.

(a-1) Any person of the age of 17 years and upwards commits public indecency if in the presence of a child or in a public place and with intent or knowledge that a child would view his or her acts, that person:

(1) engages in a sexual act; or

(2) exposes his or her sex organs, anus, or breast for the purpose of sexual arousal or gratification of such person or the child.

(a-2) A person of the age of 17 years and upwards commits public indecency who knowingly entices, coerces, or persuades a child to remove the child's clothing for the purpose of sexual arousal or gratification of the person or the child, or both.

(b) For purposes of this Section:

"Child" means a person under 17 years of age.

"Public place" for purposes of this Section means any place where the conduct may reasonably be expected to be viewed by others.

"Sex offense" means any violation of Article 11 of this Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-16.2 of this Code.

"Sexual act" means masturbation, sexual conduct, or sexual penetration as defined in Section 12-12 of this Code.

(c) Sentence.

(1) Public indecency under subsection (a), (a-1), or (a-2) is a Class A misdemeanor. A person convicted of a third or subsequent violation for public indecency under subsection (a) is guilty of a Class 4 felony.

(2) A second or subsequent violation of subsection (a-1) or (a-2) or a substantially similar law of another state is a Class 4 felony.

(3) Public indecency under subsection (a-1) or (a-2) is a Class 4 felony if the person has been previously convicted of a sex offense.

(4) Public indecency under subsection (a-1) or (a-2) is a Class 4 felony if the victim was under 13 years of age at the time of the commission of the offense.

(Source: P.A. 91-115, eff. 1-1-00.)

(720 ILCS 5/11-9.1 rep.)

Section 10. The Criminal Code of 1961 is amended by repealing Section 11-9.1.