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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.