State of Illinois
92nd General Assembly
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[ Engrossed ][ House Amendment 001 ]


92_HB5637

 
                                               LRB9214601LBpc

 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
 5    adding Section 12-21.7 as follows:

 6        (720 ILCS 5/12-21.7 new)
 7        Sec. 12-21.7.  Seduction of a minor.
 8        (a)  Every person who, with knowledge that a person is  a
 9    minor  under  18  years  of  age,  or  who  fails to exercise
10    reasonable care in ascertaining the  true  age  of  a  minor,
11    knowingly distributes, sends, causes to be sent, exhibits, or
12    offers  to distribute or exhibit by any means, including, but
13    not limited to, live  or  recorded  telephone  messages,  any
14    harmful  material,  as defined in Section 11-21 of this Code,
15    to a minor under 18 years of age with the intent of arousing,
16    appealing to, or gratifying the lust or  passions  or  sexual
17    desires  of that person or of a minor, and with the intent or
18    for the purpose of seducing a minor, is guilty  of  seduction
19    of a minor.
20        (b)  Every  person who, with knowledge that a person is a
21    minor under 18  years  of  age,  or  who  fails  to  exercise
22    reasonable  care  in  ascertaining  the  true age of a minor,
23    knowingly distributes, sends, causes to be sent, exhibits, or
24    offers to distribute  or  exhibit  by  electronic  mail,  the
25    Internet,   or  a  commercial  online  service,  any  harmful
26    material, as defined in Section 11-21  of  this  Code,  to  a
27    minor  under  18  years  of  age with the intent of arousing,
28    appealing to, or gratifying the lust or  passions  or  sexual
29    desires  of that person or of a minor, and with the intent or
30    for the purpose of seducing a minor, is guilty  of  seduction
31    of a minor.
 
                            -2-                LRB9214601LBpc
 1        (c)  It  is  a  defense  to  any  prosecution  under this
 2    Section that a parent or guardian committed the  act  charged
 3    in aid of legitimate sex education.
 4        (d)  It  is  a  defense  in  any  prosecution  under this
 5    Section  that  the  act  charged  was  committed  in  aid  of
 6    legitimate scientific or educational purposes.
 7        (e)  It does not constitute a violation of  this  Section
 8    for  a  telephone  corporation, a cable television service as
 9    defined in  Section  16-10  of  this  Code,  or  any  of  its
10    affiliates,  an  Internet  service  provider,  or  commercial
11    online  service  provider,  to  carry, broadcast, or transmit
12    messages  described  in  this  Section  or  perform   related
13    activities   in   providing   telephone,   cable  television,
14    Internet, or commercial online services.
15        (f)  Sentence.  Seduction of a minor is a Class 4 felony.
16    A second or subsequent violation of this Section is a Class 3
17    felony.

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