Full Text of HB0923 97th General Assembly
HB0923 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0923 Introduced 01/31/11, by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: | | 720 ILCS 5/11-9.1 | from Ch. 38, par. 11-9.1 |
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Amends the Criminal Code of 1961. Makes a technical change in a Section
concerning the sexual exploitation of children.
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| | A BILL FOR |
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| | | HB0923 | | LRB097 03743 RLC 43780 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by changing | 5 | | Section 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) Any person commits sexual exploitation of a child if in | 9 | | the
the presence
or virtual presence, or both, of a child and | 10 | | with intent or knowledge that a child or one whom he or she | 11 | | believes to be 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 | 18 | | knowingly
entices, coerces, or persuades a child to remove the | 19 | | child's clothing for the
purpose of sexual arousal or | 20 | | gratification 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 | 23 | | penetration
as defined in Section 12-12 of this Code.
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| 1 | | "Sex offense" means any violation
of
Article 11 of this | 2 | | Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15,
| 3 | | 12-16, or 12-16.2 of this Code.
| 4 | | "Child" means a person under 17 years of age.
| 5 | | "Virtual presence" means an environment that is created | 6 | | with software and presented to the user and or receiver via the | 7 | | Internet, in such a way that the user appears in front of the | 8 | | receiver on the computer monitor or screen or hand held | 9 | | portable electronic device, usually through a web camming | 10 | | program. "Virtual presence" includes primarily experiencing | 11 | | through sight or sound, or both, a video image that can be | 12 | | explored interactively at a personal computer or hand held | 13 | | communication device, or both. | 14 | | "Webcam" means a video capturing device connected to a | 15 | | computer or computer network that is designed to take digital | 16 | | photographs or live or recorded video which allows for the live | 17 | | transmission to an end user over the Internet. | 18 | | (c) Sentence.
| 19 | | (1) Sexual exploitation of a child is a Class A | 20 | | misdemeanor. A second
or subsequent violation of this | 21 | | Section or a substantially similar law of another state is | 22 | | a Class 4 felony.
| 23 | | (2) Sexual exploitation of a child is a Class 4 felony | 24 | | if the person has
been previously convicted of a sex | 25 | | offense. | 26 | | (3) Sexual exploitation of a child is a Class 4 felony |
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| 1 | | if the victim was under 13 years of age at the time of the | 2 | | commission of the offense.
| 3 | | (4) Sexual exploitation of a child is a Class 4 felony | 4 | | if committed by a person 18 years of age or older who is on | 5 | | or within 500 feet of elementary or secondary school | 6 | | grounds when children are present on the grounds. | 7 | | (Source: P.A. 96-1090, eff. 1-1-11; 96-1098, eff. 1-1-11; | 8 | | revised 9-16-10.)
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