Illinois General Assembly - Full Text of HB1469
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Full Text of HB1469  100th General Assembly



State of Illinois
2017 and 2018


Introduced 1/31/2017___________, by


720 ILCS 5/11-9.1  from Ch. 38, par. 11-9.1

    Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the sexual exploitation of children.

LRB100 03293 RLC 13298 b





HB1469LRB100 03293 RLC 13298 b

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 2012 is amended by changing
5Section 11-9.1 as follows:
6    (720 ILCS 5/11-9.1)  (from Ch. 38, par. 11-9.1)
7    Sec. 11-9.1. Sexual exploitation of a child.
8    (a) A person commits sexual exploitation of a child if in
9the the presence or virtual presence, or both, of a child and
10with knowledge that a child or one whom he or she believes to
11be a child would view his or her acts, that person:
12        (1) engages in a sexual act; or
13        (2) exposes his or her sex organs, anus or breast for
14    the purpose of sexual arousal or gratification of such
15    person or the child or one whom he or she believes to be a
16    child.
17    (a-5) A person commits sexual exploitation of a child who
18knowingly entices, coerces, or persuades a child to remove the
19child's clothing for the purpose of sexual arousal or
20gratification of the person or the child, or both.
21    (b) Definitions. As used in this Section:
22    "Sexual act" means masturbation, sexual conduct or sexual
23penetration as defined in Section 11-0.1 of this Code.



HB1469- 2 -LRB100 03293 RLC 13298 b

1    "Sex offense" means any violation of Article 11 of this
2Code or Section 12-5.01 of this Code.
3    "Child" means a person under 17 years of age.
4    "Virtual presence" means an environment that is created
5with software and presented to the user and or receiver via the
6Internet, in such a way that the user appears in front of the
7receiver on the computer monitor or screen or hand held
8portable electronic device, usually through a web camming
9program. "Virtual presence" includes primarily experiencing
10through sight or sound, or both, a video image that can be
11explored interactively at a personal computer or hand held
12communication device, or both.
13    "Webcam" means a video capturing device connected to a
14computer or computer network that is designed to take digital
15photographs or live or recorded video which allows for the live
16transmission to an end user over the Internet.
17    (c) Sentence.
18        (1) Sexual exploitation of a child is a Class A
19    misdemeanor. A second or subsequent violation of this
20    Section or a substantially similar law of another state is
21    a Class 4 felony.
22        (2) Sexual exploitation of a child is a Class 4 felony
23    if the person has been previously convicted of a sex
24    offense.
25        (3) Sexual exploitation of a child is a Class 4 felony
26    if the victim was under 13 years of age at the time of the



HB1469- 3 -LRB100 03293 RLC 13298 b

1    commission of the offense.
2        (4) Sexual exploitation of a child is a Class 4 felony
3    if committed by a person 18 years of age or older who is on
4    or within 500 feet of elementary or secondary school
5    grounds when children are present on the grounds.
6(Source: P.A. 96-1090, eff. 1-1-11; 96-1098, eff. 1-1-11;
796-1551, eff. 7-1-11; 97-333, eff. 8-12-11; 97-1150, eff.