92nd General Assembly
Summary of SB2425
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Senate Sponsors:
O'MALLEY.

Short description: 
CHILD PORNOGRAPHY                                                          

Synopsis of Bill as introduced:
        Amends the Sex Offender Management Board Act,  Criminal  Code  of      
   1961,   the   Unified  Code  of  Corrections,  and  the  Sex  Offender      
   Registration Act. Creates the offense of  illegal  solicitation  of  a      
   child.   Provides  that  a  person  commits  the  offense  of  illegal      
   solicitation of a child when he or she intentionally solicits,  lures,      
   or  attempts  to  solicit or lure a child under 18 years of age to any      
   location without the consent of the parent or lawful custodian of  the      
   child  for  other  than  a lawful purpose or intentionally contacts or      
   communicates with, or attempts to contact or communicate with a child,      
   for the purpose of  engaging  in  an  unlawful  act  with  the  child.      
   Provides  that a violation is a Class 4 felony for a first offense and      
   a Class 3 felony for a  second  or  subsequent  offense.  Changes  the      
   elements  of the offense relating to distributing harmful material for      
   a child.  Makes it child pornography  to  solicit,  persuade,  induce,      
   entice,  seduce, or coerce a child under 18 years of age to pose for a      
   photograph, videotape, or a digital image in any  posture  or  setting      
   that could be construed as child erotica. Defines "child erotica" as a      
   photograph,  videotape,  or  a digital image in which the focus or the      
   concentration of the photograph, videotape, or digital  image  is  the      
   lewd  or  lascivious depiction or exhibition of the child's clothed or      
   unclothed genitals, the child's pubic  area  or  if  the  child  is  a      
   female,  the  child's  fully  or partially developed breast exposed or      
   through transparent  clothing.  Provides  that  a  violation  of  this      
   provision  is a Class 3 felony with a mandatory minimum fine of $1,000      
   and a maximum fine of $100,000. Provides that  a  person  who  uses  a      
   computer to knowingly distribute to, or sends or causes to be sent to,      
   or  exhibits  to,  or  offers  to  distribute  or  exhibit any harmful      
   material to a child, is guilty of a Class  4  felony  (rather  than  a      
   Class  A  misdemeanor). Prohibits a child sex offender from conducting      
   or operating any type of business in  which  he  or  she  photographs,      
   videotapes, or takes a digital image of a child or sells or offers for      
   sale  those  photographs  or  images or instructs others to take those      
   photographs or images; or entices, arranges, or transports a child  to      
   pose  for  such  photographs or images. Provides that a violation is a      
   Class 2 felony. Effective immediately.                                      
 
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   0


   END OF INQUIRY 



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