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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||||||||||||||||||||||
5 | Sections 11-9.3 and 11-9.4 as follows:
| ||||||||||||||||||||||||||
6 | (720 ILCS 5/11-9.3)
| ||||||||||||||||||||||||||
7 | Sec. 11-9.3. Presence within school zone by child sex
| ||||||||||||||||||||||||||
8 | offenders prohibited.
| ||||||||||||||||||||||||||
9 | (a) It is unlawful for a child sex offender to knowingly be | ||||||||||||||||||||||||||
10 | present in any
school building, on real property comprising any | ||||||||||||||||||||||||||
11 | school, or in any conveyance
owned, leased, or contracted by a | ||||||||||||||||||||||||||
12 | school to transport students to or from
school or a school | ||||||||||||||||||||||||||
13 | related activity when persons under the age of 18 are
present | ||||||||||||||||||||||||||
14 | in the building, on the grounds or in
the conveyance, unless | ||||||||||||||||||||||||||
15 | the offender is a parent or guardian of a student attending the | ||||||||||||||||||||||||||
16 | school and the parent or guardian is: (i) attending a | ||||||||||||||||||||||||||
17 | conference at the school with school personnel to discuss the | ||||||||||||||||||||||||||
18 | progress of his or her child academically or socially, (ii) | ||||||||||||||||||||||||||
19 | participating in child review conferences in which evaluation | ||||||||||||||||||||||||||
20 | and placement decisions may be made with respect to his or her | ||||||||||||||||||||||||||
21 | child regarding special education services, or (iii) attending | ||||||||||||||||||||||||||
22 | conferences to discuss other student issues concerning his or | ||||||||||||||||||||||||||
23 | her child such as retention and promotion and notifies the |
| |||||||
| |||||||
1 | principal of the school of his or her presence at the school or | ||||||
2 | unless the
offender has permission to be present from the
| ||||||
3 | superintendent or the school board or in the case of a private | ||||||
4 | school from the
principal. In the case of a public school, if | ||||||
5 | permission is granted, the
superintendent or school board | ||||||
6 | president must inform the principal of the
school where the sex | ||||||
7 | offender will be present. Notification includes the
nature of | ||||||
8 | the sex offender's visit and the hours in which the sex | ||||||
9 | offender will
be present in the school. The sex offender is | ||||||
10 | responsible for notifying the
principal's office when he or she | ||||||
11 | arrives on school property and when he or she
departs from | ||||||
12 | school property. If the sex offender is to be present in the
| ||||||
13 | vicinity of children, the sex offender has the duty to remain | ||||||
14 | under the direct
supervision of a school official. A child sex | ||||||
15 | offender who violates this
provision is
guilty of a Class 4 | ||||||
16 | felony.
| ||||||
17 | Nothing in this Section shall be construed to infringe upon | ||||||
18 | the constitutional right of a child sex offender to be present | ||||||
19 | in a school building that is used as a polling place for the | ||||||
20 | purpose of voting.
| ||||||
21 | (1) (Blank; or)
| ||||||
22 | (2) (Blank.)
| ||||||
23 | (b) It is unlawful for a child sex offender to knowingly | ||||||
24 | loiter within 2,000
500 feet of a school building or real | ||||||
25 | property comprising any school
while persons under the age of | ||||||
26 | 18 are present in the building or on the
grounds,
unless the |
| |||||||
| |||||||
1 | offender is a parent or guardian of a student attending the | ||||||
2 | school and the parent or guardian is: (i) attending a | ||||||
3 | conference at the school with school personnel to discuss the | ||||||
4 | progress of his or her child academically or socially, (ii) | ||||||
5 | participating in child review conferences in which evaluation | ||||||
6 | and placement decisions may be made with respect to his or her | ||||||
7 | child regarding special education services, or (iii) attending | ||||||
8 | conferences to discuss other student issues concerning his or | ||||||
9 | her child such as retention and promotion and notifies the | ||||||
10 | principal of the school of his or her presence at the school or | ||||||
11 | has permission to be present from the
superintendent or the | ||||||
12 | school board or in the case of a private school from the
| ||||||
13 | principal. In the case of a public school, if permission is | ||||||
14 | granted, the
superintendent or school board president must | ||||||
15 | inform the principal of the
school where the sex offender will | ||||||
16 | be present. Notification includes the
nature of the sex | ||||||
17 | offender's visit and the hours in which the sex offender will
| ||||||
18 | be present in the school. The sex offender is responsible for | ||||||
19 | notifying the
principal's office when he or she arrives on | ||||||
20 | school property and when he or she
departs from school | ||||||
21 | property. If the sex offender is to be present in the
vicinity | ||||||
22 | of children, the sex offender has the duty to remain under the | ||||||
23 | direct
supervision of a school official. A child sex offender | ||||||
24 | who violates this
provision is
guilty of a Class 4 felony.
| ||||||
25 | (1) (Blank; or)
| ||||||
26 | (2) (Blank.)
|
| |||||||
| |||||||
1 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
2 | reside within
2,000
500 feet of a school building or the real | ||||||
3 | property comprising any school that
persons under the age of 18 | ||||||
4 | attend. Nothing in this subsection (b-5) prohibits
a child sex | ||||||
5 | offender from residing within 500 feet of a school building or | ||||||
6 | the
real property comprising any school that persons under 18 | ||||||
7 | attend if the
property is owned by the child sex offender and | ||||||
8 | was purchased before the
effective date of this amendatory Act | ||||||
9 | of the 91st General Assembly. Nothing in this subsection (b-5) | ||||||
10 | prohibits
a child sex offender from residing 500 feet to 2,000 | ||||||
11 | feet of a school building or the
real property comprising any | ||||||
12 | school that persons under 18 attend if the
property is owned by | ||||||
13 | the child sex offender and was purchased before the
effective | ||||||
14 | date of this amendatory Act of the 95th General Assembly.
| ||||||
15 | (c) Definitions. In this Section:
| ||||||
16 | (1) "Child sex offender" means any person who:
| ||||||
17 | (i) has been charged under Illinois law, or any | ||||||
18 | substantially similar
federal law
or law of another | ||||||
19 | state, with a sex offense set forth in
paragraph (2) of | ||||||
20 | this subsection (c) or the attempt to commit an | ||||||
21 | included sex
offense, and:
| ||||||
22 | (A) is convicted of such offense or an attempt | ||||||
23 | to commit such offense;
or
| ||||||
24 | (B) is found not guilty by reason of insanity | ||||||
25 | of such offense or an
attempt to commit such | ||||||
26 | offense; or
|
| |||||||
| |||||||
1 | (C) is found not guilty by reason of insanity | ||||||
2 | pursuant to subsection
(c) of Section 104-25 of the | ||||||
3 | Code of Criminal Procedure of 1963 of such offense
| ||||||
4 | or an attempt to commit such offense; or
| ||||||
5 | (D) is the subject of a finding not resulting | ||||||
6 | in an acquittal at a
hearing conducted pursuant to | ||||||
7 | subsection (a) of Section 104-25 of the Code of
| ||||||
8 | Criminal Procedure of 1963 for the alleged | ||||||
9 | commission or attempted commission
of such | ||||||
10 | offense; or
| ||||||
11 | (E) is found not guilty by reason of insanity | ||||||
12 | following a hearing
conducted pursuant to a | ||||||
13 | federal law or the law of another state | ||||||
14 | substantially
similar to subsection (c) of Section | ||||||
15 | 104-25 of the Code of Criminal Procedure
of 1963 of | ||||||
16 | such offense or of the attempted commission of such | ||||||
17 | offense; or
| ||||||
18 | (F) is the subject of a finding not resulting | ||||||
19 | in an acquittal at a
hearing
conducted pursuant to | ||||||
20 | a federal law or the law of another state | ||||||
21 | substantially
similar to subsection (a) of Section | ||||||
22 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
23 | for the alleged violation or attempted commission | ||||||
24 | of such offense; or
| ||||||
25 | (ii) is certified as a sexually dangerous person | ||||||
26 | pursuant to the
Illinois
Sexually Dangerous Persons |
| |||||||
| |||||||
1 | Act, or any substantially similar federal
law or the | ||||||
2 | law of another state, when any conduct giving rise to | ||||||
3 | such
certification is committed or attempted against a | ||||||
4 | person less than 18 years of
age; or
| ||||||
5 | (iii) is subject to the provisions of Section 2 of | ||||||
6 | the Interstate
Agreements on Sexually Dangerous | ||||||
7 | Persons Act.
| ||||||
8 | Convictions that result from or are connected with the | ||||||
9 | same act, or result
from offenses committed at the same | ||||||
10 | time, shall be counted for the purpose of
this Section as | ||||||
11 | one conviction. Any conviction set aside pursuant to law is
| ||||||
12 | not a conviction for purposes of this Section.
| ||||||
13 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
14 | "sex offense"
means:
| ||||||
15 | (i) A violation of any of the following Sections of | ||||||
16 | the Criminal Code of
1961: 10-7 (aiding and abetting | ||||||
17 | child abduction under Section 10-5(b)(10)),
| ||||||
18 | 10-5(b)(10) (child luring), 11-6 (indecent | ||||||
19 | solicitation of a child), 11-6.5
(indecent | ||||||
20 | solicitation of an adult),
11-9 (public indecency when | ||||||
21 | committed in a school, on the real property
comprising | ||||||
22 | a school, or on a conveyance, owned, leased, or | ||||||
23 | contracted by a
school to transport students to or from | ||||||
24 | school or a school related activity),
11-9.1 (sexual | ||||||
25 | exploitation of a child), 11-15.1 (soliciting for a | ||||||
26 | juvenile
prostitute), 11-17.1 (keeping a place of |
| |||||||
| |||||||
1 | juvenile prostitution), 11-18.1
(patronizing a | ||||||
2 | juvenile prostitute), 11-19.1 (juvenile pimping),
| ||||||
3 | 11-19.2 (exploitation of a child), 11-20.1 (child | ||||||
4 | pornography), 11-21 (harmful
material), 12-14.1
| ||||||
5 | (predatory criminal sexual assault of a child), 12-33 | ||||||
6 | (ritualized abuse of a
child), 11-20 (obscenity) (when | ||||||
7 | that offense was committed in any school, on
real | ||||||
8 | property comprising any school, in any conveyance | ||||||
9 | owned,
leased, or contracted by a school to transport | ||||||
10 | students to or from school or a
school related | ||||||
11 | activity). An attempt to commit any of these offenses.
| ||||||
12 | (ii) A violation of any of the following Sections | ||||||
13 | of the Criminal Code
of 1961, when the victim is a | ||||||
14 | person under 18 years of age: 12-13 (criminal
sexual | ||||||
15 | assault), 12-14 (aggravated criminal sexual assault), | ||||||
16 | 12-15 (criminal
sexual abuse), 12-16 (aggravated | ||||||
17 | criminal sexual abuse). An attempt to commit
any of | ||||||
18 | these offenses.
| ||||||
19 | (iii) A violation of any of the following Sections | ||||||
20 | of the Criminal Code
of 1961, when the victim is a | ||||||
21 | person under 18 years of age and the defendant is
not a | ||||||
22 | parent of the victim:
| ||||||
23 | 10-1 (kidnapping),
| ||||||
24 | 10-2 (aggravated kidnapping),
| ||||||
25 | 10-3 (unlawful restraint),
| ||||||
26 | 10-3.1 (aggravated unlawful restraint).
|
| |||||||
| |||||||
1 | An attempt to commit any of these offenses.
| ||||||
2 | (iv) A violation of any former law of this State | ||||||
3 | substantially
equivalent to any offense listed in | ||||||
4 | clause (2)(i) of subsection (c) of this
Section.
| ||||||
5 | (2.5) For the purposes of subsection (b-5) only, a sex | ||||||
6 | offense means:
| ||||||
7 | (i) A violation of any of the following Sections of | ||||||
8 | the Criminal Code of
1961:
| ||||||
9 | 10-5(b)(10) (child luring), 10-7 (aiding and | ||||||
10 | abetting child abduction
under Section | ||||||
11 | 10-5(b)(10)), 11-6 (indecent solicitation of
a
| ||||||
12 | child), 11-6.5 (indecent solicitation of an | ||||||
13 | adult), 11-15.1 (soliciting for a
juvenile
| ||||||
14 | prostitute), 11-17.1 (keeping a place of juvenile | ||||||
15 | prostitution), 11-18.1
(patronizing a juvenile | ||||||
16 | prostitute), 11-19.1 (juvenile pimping),
11-19.2 | ||||||
17 | (exploitation of a child), 11-20.1 (child | ||||||
18 | pornography), 12-14.1
(predatory criminal sexual | ||||||
19 | assault of a child), or 12-33 (ritualized abuse of | ||||||
20 | a
child). An attempt
to commit any of
these | ||||||
21 | offenses.
| ||||||
22 | (ii) A violation of any of the following Sections | ||||||
23 | of the Criminal Code
of 1961, when the victim is a | ||||||
24 | person under 18 years of age: 12-13 (criminal
sexual | ||||||
25 | assault), 12-14 (aggravated criminal sexual assault),
| ||||||
26 | 12-16 (aggravated criminal sexual abuse), and |
| |||||||
| |||||||
1 | subsection (a) of Section 12-15
(criminal sexual | ||||||
2 | abuse). An attempt to commit
any of these offenses.
| ||||||
3 | (iii) A violation of any of the following Sections | ||||||
4 | of the Criminal Code
of 1961, when the victim is a | ||||||
5 | person under 18 years of age and the defendant is
not a | ||||||
6 | parent of the victim:
| ||||||
7 | 10-1 (kidnapping),
| ||||||
8 | 10-2 (aggravated kidnapping),
| ||||||
9 | 10-3 (unlawful restraint),
| ||||||
10 | 10-3.1 (aggravated unlawful restraint).
| ||||||
11 | An attempt to commit any of these offenses.
| ||||||
12 | (iv) A violation of any former law of this State | ||||||
13 | substantially
equivalent to any offense listed in this | ||||||
14 | paragraph (2.5) of
this subsection.
| ||||||
15 | (3) A conviction for an offense of federal law or the | ||||||
16 | law of another state
that is substantially equivalent to | ||||||
17 | any offense listed in paragraph (2) of
subsection (c) of | ||||||
18 | this Section shall constitute a conviction for the purpose | ||||||
19 | of
this Article. A finding or adjudication as a sexually | ||||||
20 | dangerous person under
any federal law or law of another | ||||||
21 | state that is substantially equivalent to the
Sexually | ||||||
22 | Dangerous Persons Act shall constitute an adjudication for | ||||||
23 | the
purposes of this Section.
| ||||||
24 | (4) "School" means a public or private
pre-school, | ||||||
25 | elementary, or secondary school.
| ||||||
26 | (5) "Loiter" means:
|
| |||||||
| |||||||
1 | (i) Standing, sitting idly, whether or not the | ||||||
2 | person is in a vehicle or
remaining in or around school | ||||||
3 | property.
| ||||||
4 | (ii) Standing, sitting idly, whether or not the | ||||||
5 | person is in a vehicle
or remaining in or around school | ||||||
6 | property, for the purpose of committing or
attempting | ||||||
7 | to commit a sex offense.
| ||||||
8 | (iii) Entering or remaining in a building in or | ||||||
9 | around school property, other than the offender's | ||||||
10 | residence.
| ||||||
11 | (6) "School official"
means the principal, a teacher, | ||||||
12 | or any other certified employee of the
school, the | ||||||
13 | superintendent of schools or a member of the school board.
| ||||||
14 | (d) Sentence. A person who violates this Section is guilty | ||||||
15 | of a Class 4
felony.
| ||||||
16 | (Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; | ||||||
17 | 94-170, eff. 7-11-05; revised 8-19-05.)
| ||||||
18 | (720 ILCS 5/11-9.4)
| ||||||
19 | Sec. 11-9.4. Approaching, contacting, residing, or | ||||||
20 | communicating with a
child within certain places by child sex | ||||||
21 | offenders
prohibited.
| ||||||
22 | (a) It is unlawful for a child sex offender to knowingly be | ||||||
23 | present in any
public park building or on real property | ||||||
24 | comprising any public park
when persons under the age of
18 are
| ||||||
25 | present in the building or on the grounds
and to approach, |
| |||||||
| |||||||
1 | contact, or communicate with a child under 18 years of
age,
| ||||||
2 | unless the
offender
is a parent or guardian of a person under | ||||||
3 | 18 years of age present in the
building or on the
grounds.
| ||||||
4 | (b) It is unlawful for a child sex offender to knowingly | ||||||
5 | loiter on a public
way within 2,000
500 feet of a public park | ||||||
6 | building or real property comprising any
public park
while | ||||||
7 | persons under the age of 18 are present in the building or on | ||||||
8 | the
grounds
and to approach, contact, or communicate with a | ||||||
9 | child under 18 years of
age,
unless the offender
is a parent or | ||||||
10 | guardian of a person under 18 years of age present in the
| ||||||
11 | building or on the grounds.
| ||||||
12 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
13 | reside within
2,000
500 feet of a playground, child care | ||||||
14 | institution, day care center, part day child care facility, or | ||||||
15 | a facility providing programs or services
exclusively directed | ||||||
16 | toward persons under 18 years of age. Nothing in this
| ||||||
17 | subsection (b-5) prohibits a child sex offender from residing | ||||||
18 | within 500 feet
of a playground or a facility providing | ||||||
19 | programs or services exclusively
directed toward persons under | ||||||
20 | 18 years of age if the property is owned by the
child sex | ||||||
21 | offender and was purchased before the effective date of this
| ||||||
22 | amendatory Act of the 91st General Assembly. Nothing in this
| ||||||
23 | subsection (b-5) prohibits a child sex offender from residing | ||||||
24 | within 500 feet
of a child care institution, day care center, | ||||||
25 | or part day child care facility if the property is owned by the
| ||||||
26 | child sex offender and was purchased before the effective date |
| |||||||
| |||||||
1 | of this
amendatory Act of the 94th General Assembly. Nothing in | ||||||
2 | this
subsection (b-5) prohibits a child sex offender from | ||||||
3 | residing 500 feet to 2,000 feet
of a playground, child care | ||||||
4 | institution, day care center, part day child care facility, or | ||||||
5 | any other facility providing programs or services
exclusively | ||||||
6 | directed toward persons under 18 years of age if the property | ||||||
7 | is owned by the
child sex offender and was purchased before the | ||||||
8 | effective date of this
amendatory Act of the 95th General | ||||||
9 | Assembly.
| ||||||
10 | (b-6) It is unlawful for a child sex offender to knowingly | ||||||
11 | reside within
2,000
500 feet of the victim of the sex offense. | ||||||
12 | Nothing in this
subsection (b-6) prohibits a child sex offender | ||||||
13 | from residing within 500 feet
of the victim
if the property in | ||||||
14 | which the child sex offender resides is owned by the
child sex | ||||||
15 | offender and was purchased before the effective date of this
| ||||||
16 | amendatory Act of the 92nd General Assembly. Nothing in this
| ||||||
17 | subsection (b-6) prohibits a child sex offender from residing | ||||||
18 | 500 feet to 2,000 feet
of the victim
if the property in which | ||||||
19 | the child sex offender resides is owned by the
child sex | ||||||
20 | offender and was purchased before the effective date of this
| ||||||
21 | amendatory Act of the 95th General Assembly.
| ||||||
22 | This subsection (b-6) does not apply if the victim of the | ||||||
23 | sex offense
is 21 years of age or older.
| ||||||
24 | (c) It is unlawful for a child sex offender to knowingly | ||||||
25 | operate, manage,
be employed by, volunteer at, be associated | ||||||
26 | with, or knowingly be present at
any: (i) facility providing
|
| |||||||
| |||||||
1 | programs or services exclusively directed towards persons | ||||||
2 | under the age of 18; (ii) day care center; (iii) part day child | ||||||
3 | care facility; (iv) child care institution, or (v) school | ||||||
4 | providing before and after school programs for children under | ||||||
5 | 18 years of age.
This does not prohibit a child sex offender | ||||||
6 | from owning the real property upon
which the programs or | ||||||
7 | services are offered or upon which the day care center, part | ||||||
8 | day child care facility, child care institution, or school | ||||||
9 | providing before and after school programs for children under | ||||||
10 | 18 years of age is located, provided the child sex offender
| ||||||
11 | refrains from being present on the premises for the hours | ||||||
12 | during which: (1) the
programs or services are being offered or | ||||||
13 | (2) the day care center, part day child care facility, child | ||||||
14 | care institution, or school providing before and after school | ||||||
15 | programs for children under 18 years of age is operated.
| ||||||
16 | (d) Definitions. In this Section:
| ||||||
17 | (1) "Child sex offender" means any person who:
| ||||||
18 | (i) has been charged under Illinois law, or any | ||||||
19 | substantially similar
federal law
or law of another | ||||||
20 | state, with a sex offense set forth in
paragraph (2) of | ||||||
21 | this subsection (d) or the attempt to commit an | ||||||
22 | included sex
offense, and:
| ||||||
23 | (A) is convicted of such offense or an attempt | ||||||
24 | to commit such offense;
or
| ||||||
25 | (B) is found not guilty by reason of insanity | ||||||
26 | of such offense or an
attempt to commit such |
| |||||||
| |||||||
1 | offense; or
| ||||||
2 | (C) is found not guilty by reason of insanity | ||||||
3 | pursuant to subsection
(c) of Section 104-25 of the | ||||||
4 | Code of Criminal Procedure of 1963 of such offense
| ||||||
5 | or an attempt to commit such offense; or
| ||||||
6 | (D) is the subject of a finding not resulting | ||||||
7 | in an acquittal at a
hearing conducted pursuant to | ||||||
8 | subsection (a) of Section 104-25 of the Code of
| ||||||
9 | Criminal Procedure of 1963 for the alleged | ||||||
10 | commission or attempted commission
of such | ||||||
11 | offense; or
| ||||||
12 | (E) is found not guilty by reason of insanity | ||||||
13 | following a hearing
conducted pursuant to a | ||||||
14 | federal law or the law of another state | ||||||
15 | substantially
similar to subsection (c) of Section | ||||||
16 | 104-25 of the Code of Criminal Procedure
of 1963 of | ||||||
17 | such offense or of the attempted commission of such | ||||||
18 | offense; or
| ||||||
19 | (F) is the subject of a finding not resulting | ||||||
20 | in an acquittal at a
hearing
conducted pursuant to | ||||||
21 | a federal law or the law of another state | ||||||
22 | substantially
similar to subsection (a) of Section | ||||||
23 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
24 | for the alleged violation or attempted commission | ||||||
25 | of such offense; or
| ||||||
26 | (ii) is certified as a sexually dangerous person |
| |||||||
| |||||||
1 | pursuant to the
Illinois
Sexually Dangerous Persons | ||||||
2 | Act, or any substantially similar federal
law or the | ||||||
3 | law of another state, when any conduct giving rise to | ||||||
4 | such
certification is committed or attempted against a | ||||||
5 | person less than 18 years of
age; or
| ||||||
6 | (iii) is subject to the provisions of Section 2 of | ||||||
7 | the Interstate
Agreements on Sexually Dangerous | ||||||
8 | Persons Act.
| ||||||
9 | Convictions that result from or are connected with the | ||||||
10 | same act, or result
from offenses committed at the same | ||||||
11 | time, shall be counted for the purpose of
this Section as | ||||||
12 | one conviction. Any conviction set aside pursuant to law is
| ||||||
13 | not a conviction for purposes of this Section.
| ||||||
14 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
15 | "sex offense"
means:
| ||||||
16 | (i) A violation of any of the following Sections of | ||||||
17 | the Criminal Code of
1961: 10-7 (aiding and abetting | ||||||
18 | child abduction under Section 10-5(b)(10)),
| ||||||
19 | 10-5(b)(10) (child luring), 11-6 (indecent | ||||||
20 | solicitation of a child), 11-6.5
(indecent | ||||||
21 | solicitation of an adult),
11-9 (public indecency when | ||||||
22 | committed in a school, on the real property
comprising | ||||||
23 | a school, on a conveyance owned, leased, or contracted | ||||||
24 | by a
school to transport students to or from school or | ||||||
25 | a school related activity, or
in a public park),
11-9.1 | ||||||
26 | (sexual exploitation of a child), 11-15.1 (soliciting |
| |||||||
| |||||||
1 | for a juvenile
prostitute), 11-17.1 (keeping a place of | ||||||
2 | juvenile prostitution), 11-18.1
(patronizing a | ||||||
3 | juvenile prostitute), 11-19.1 (juvenile pimping),
| ||||||
4 | 11-19.2 (exploitation of a child), 11-20.1 (child | ||||||
5 | pornography), 11-21 (harmful
material), 12-14.1
| ||||||
6 | (predatory criminal sexual assault of a child), 12-33 | ||||||
7 | (ritualized abuse of a
child), 11-20 (obscenity) (when | ||||||
8 | that offense was committed in any school, on
real | ||||||
9 | property comprising any school, on any conveyance | ||||||
10 | owned,
leased, or contracted by a school to transport | ||||||
11 | students to or from school or a
school related | ||||||
12 | activity, or in a public park). An attempt to commit | ||||||
13 | any of
these offenses.
| ||||||
14 | (ii) A violation of any of the following Sections | ||||||
15 | of the Criminal Code
of 1961, when the victim is a | ||||||
16 | person under 18 years of age: 12-13 (criminal
sexual | ||||||
17 | assault), 12-14 (aggravated criminal sexual assault), | ||||||
18 | 12-15 (criminal
sexual abuse), 12-16 (aggravated | ||||||
19 | criminal sexual abuse). An attempt to commit
any of | ||||||
20 | these offenses.
| ||||||
21 | (iii) A violation of any of the following Sections | ||||||
22 | of the Criminal Code
of 1961, when the victim is a | ||||||
23 | person under 18 years of age and the defendant is
not a | ||||||
24 | parent of the victim:
| ||||||
25 | 10-1 (kidnapping),
| ||||||
26 | 10-2 (aggravated kidnapping),
|
| |||||||
| |||||||
1 | 10-3 (unlawful restraint),
| ||||||
2 | 10-3.1 (aggravated unlawful restraint).
| ||||||
3 | An attempt to commit any of these offenses.
| ||||||
4 | (iv) A violation of any former law of this State | ||||||
5 | substantially
equivalent to any offense listed in | ||||||
6 | clause (2)(i) of this subsection (d).
| ||||||
7 | (2.5) For the purposes of subsection (b-5) only, a sex | ||||||
8 | offense means:
| ||||||
9 | (i) A violation of any of the following Sections of | ||||||
10 | the Criminal Code of
1961:
| ||||||
11 | 10-5(b)(10) (child luring), 10-7 (aiding and | ||||||
12 | abetting child abduction
under Section | ||||||
13 | 10-5(b)(10)), 11-6 (indecent solicitation of
a
| ||||||
14 | child), 11-6.5 (indecent solicitation of an | ||||||
15 | adult), 11-15.1 (soliciting for a
juvenile
| ||||||
16 | prostitute), 11-17.1 (keeping a place of juvenile | ||||||
17 | prostitution), 11-18.1
(patronizing a juvenile | ||||||
18 | prostitute), 11-19.1 (juvenile pimping),
11-19.2 | ||||||
19 | (exploitation of a child), 11-20.1 (child | ||||||
20 | pornography), 12-14.1
(predatory criminal sexual | ||||||
21 | assault of a child), or 12-33 (ritualized abuse of | ||||||
22 | a
child). An attempt
to commit any of
these | ||||||
23 | offenses.
| ||||||
24 | (ii) A violation of any of the following Sections | ||||||
25 | of the Criminal Code
of 1961, when the victim is a | ||||||
26 | person under 18 years of age: 12-13 (criminal
sexual |
| |||||||
| |||||||
1 | assault), 12-14 (aggravated criminal sexual assault),
| ||||||
2 | 12-16 (aggravated criminal sexual abuse), and | ||||||
3 | subsection (a) of Section 12-15
(criminal sexual | ||||||
4 | abuse). An attempt to commit
any of these offenses.
| ||||||
5 | (iii) A violation of any of the following Sections | ||||||
6 | of the Criminal Code
of 1961, when the victim is a | ||||||
7 | person under 18 years of age and the defendant is
not a | ||||||
8 | parent of the victim:
| ||||||
9 | 10-1 (kidnapping),
| ||||||
10 | 10-2 (aggravated kidnapping),
| ||||||
11 | 10-3 (unlawful restraint),
| ||||||
12 | 10-3.1 (aggravated unlawful restraint).
| ||||||
13 | An attempt to commit any of these offenses.
| ||||||
14 | (iv) A violation of any former law of this State | ||||||
15 | substantially
equivalent to any offense listed in this | ||||||
16 | paragraph (2.5) of
this subsection.
| ||||||
17 | (3) A conviction for an offense of federal law or the | ||||||
18 | law of another state
that is substantially equivalent to | ||||||
19 | any offense listed in paragraph (2) of this
subsection (d) | ||||||
20 | shall constitute a conviction for the purpose of
this | ||||||
21 | Section. A finding or adjudication as a sexually dangerous | ||||||
22 | person under
any federal law or law of another state that | ||||||
23 | is substantially equivalent to the
Sexually Dangerous | ||||||
24 | Persons Act shall constitute an adjudication for the
| ||||||
25 | purposes of this Section.
| ||||||
26 | (4) "Public park" includes a park, forest preserve, or
|
| |||||||
| |||||||
1 | conservation
area
under the jurisdiction of the State or a | ||||||
2 | unit of local government.
| ||||||
3 | (5) "Facility providing programs or services directed | ||||||
4 | towards persons
under
the age of 18" means any facility | ||||||
5 | providing programs or services exclusively
directed | ||||||
6 | towards persons under the age of 18.
| ||||||
7 | (6) "Loiter" means:
| ||||||
8 | (i) Standing, sitting idly, whether or not the | ||||||
9 | person is in a vehicle or
remaining in or around public | ||||||
10 | park property.
| ||||||
11 | (ii) Standing, sitting idly, whether or not the | ||||||
12 | person is in a vehicle
or remaining in or around public | ||||||
13 | park property, for the purpose of committing
or
| ||||||
14 | attempting to commit a sex offense.
| ||||||
15 | (7) "Playground" means a piece of land owned or | ||||||
16 | controlled by a unit
of
local government that is designated | ||||||
17 | by the unit of local government for use
solely or primarily | ||||||
18 | for children's recreation.
| ||||||
19 | (8) "Child care institution" has the meaning ascribed | ||||||
20 | to it in Section 2.06 of the Child Care Act of 1969.
| ||||||
21 | (9) "Day care center" has the meaning ascribed to it in | ||||||
22 | Section 2.09 of the Child Care Act of 1969. | ||||||
23 | (10) "Part day child care facility" has the meaning | ||||||
24 | ascribed to it in Section 2.10 of the Child Care Act of | ||||||
25 | 1969.
| ||||||
26 | (e) Sentence. A person who violates this Section is guilty |
| |||||||
| |||||||
1 | of a Class 4
felony.
| ||||||
2 | (Source: P.A. 94-925, eff. 6-26-06.)
|