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90_SB0172ham002
LRB9000810RCksam06
1 AMENDMENT TO SENATE BILL 172
2 AMENDMENT NO. . Amend Senate Bill 172, on page 1, by
3 inserting between lines 3 and 4 the following:
4 "Section 1.5. The Criminal Code of 1961 is amended by
5 changing Sections 11-6 and 11-6.5 and adding Section 16D-5.5
6 as follows:
7 (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
8 Sec. 11-6. Indecent solicitation of a child.
9 (a) A person of the age of 17 years and upwards who
10 solicits a child under the age of 17, who is at least 3 years
11 younger than the defendant, 13 to do any act, or solicits a
12 person to arrange an act with a child under the age of 17,
13 who is at least 3 years younger than the defendant, 13, which
14 if done would be aggravated criminal sexual assault,
15 predatory criminal sexual assault of a child, criminal sexual
16 assault, aggravated criminal sexual abuse, or criminal sexual
17 abuse, commits indecent solicitation of a child.
18 (b) It shall not be a defense to indecent solicitation
19 of a child that the accused reasonably believed the child to
20 be of the age of 17 13 years and upwards.
21 (c) Sentence.
22 Indecent solicitation of a child is:
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1 (1) a Class A misdemeanor when the act, if done,
2 would be criminal sexual abuse;
3 (2) a Class 4 felony when the act, if done, would
4 be criminal sexual assault, aggravated criminal sexual
5 assault, or aggravated criminal sexual abuse.
6 (d) For the purposes of this Section, "solicits"
7 includes but is not limited to oral or written communication
8 and communication by telephone, computer, or other electronic
9 means. "Computer" has the meaning ascribed to it in Section
10 16D-2 of this Code.
11 (Source: P.A. 89-8, eff. 3-21-95; 89-203, eff. 7-21-95;
12 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
13 (720 ILCS 5/11-6.5)
14 Sec. 11-6.5. Indecent solicitation of an adult.
15 (a) A person commits indecent solicitation of an adult
16 if the person:
17 (1) Arranges for a person 17 years of age or over
18 to commit an act of sexual penetration as defined in
19 Section 12-12 with a person: (i) under the age of 17 13
20 years; or
21 (ii) Thirteen years of age or over but under
22 the age of 17 years; or
23 (2) Arranges for a person 17 years of age or over
24 to commit an act of sexual conduct as defined in Section
25 12-12 with a person: (i) under the age of 17 13 years. ;
26 or
27 (ii) Thirteen years of age or older but under
28 the age of 17 years.
29 (b) Sentence.
30 (1) Violation of paragraph (a)(1)(i) is a Class X
31 felony.
32 (1) (2) Violation of paragraph (a)(1)(ii) is a
33 Class 1 felony unless the victim is under 13 years of
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1 age. Violation of paragraph (a)(1) is a Class X felony
2 if the victim is under 13 years of age.
3 (3) Violation of paragraph (a)(2)(i) is a Class 2
4 felony.
5 (2) (4) Violation of paragraph (a)(2)(ii) is a
6 Class A misdemeanor unless the victim is under 13 years
7 of age. Violation of paragraph (a)(2) is a Class 2
8 felony if the victim is under 13 years of age.
9 (c) For the purposes of this Section, "arranges"
10 includes but is not limited to oral or written communication
11 and communication by telephone, computer, or other electronic
12 means. "Computer" has the meaning ascribed to it in Section
13 16D-2 of this Code.
14 (Source: P.A. 88-165; 89-203, eff. 7-21-95.)
15 (720 ILCS 5/16D-5.5 new)
16 Sec. 16D-5.5. Solicitation of a minor by computer.
17 (a) Any person 17 years of age or older commits the
18 offense of solicitation of a minor by computer when he or she
19 knowingly offers any communication, or engages in an exchange
20 of communication, by way of computer, or through or upon any
21 computer-linked network or system with a child under the age
22 of 17 years who is at least 3 years younger than the
23 defendant, with an intent to commit any of the following
24 offenses: indecent solicitation of an adult, indecent
25 solicitation of a child, soliciting for a juvenile
26 prostitute, or juvenile pimping.
27 (b) Sentence. Solicitation of a minor by computer is a
28 Class 4 felony."; and
29 on page 22, by inserting below line 34 the following:
30 "Section 99. Effective date. This Section and Section
31 1.5 take effect upon becoming law.".