Public Act 094-0140
 
SB1898 Enrolled LRB094 11228 RLC 41955 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Section 11-9.1 as follows:
 
    (720 ILCS 5/11-9.1)  (from Ch. 38, par. 11-9.1)
    Sec. 11-9.1. Sexual exploitation of a child.
    (a) Any person commits sexual exploitation of a child if in
the presence of a child and with intent or knowledge that a
child would view his or her acts, that person:
        (1) engages in a sexual act; or
        (2) exposes his or her sex organs, anus or breast for
    the purpose of sexual arousal or gratification of such
    person or the child.
    (a-5) A person commits sexual exploitation of a child who
knowingly entices, coerces, or persuades a child to remove the
child's clothing for the purpose of sexual arousal or
gratification of the person or the child, or both.
    (b) Definitions. As used in this Section:
    "Sexual act" means masturbation, sexual conduct or sexual
penetration as defined in Section 12-12 of this Code.
    "Sex offense" means any violation of Article 11 of this
Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15,
12-16, or 12-16.2 of this Code.
    "Child" means a person under 17 years of age.
    (c) Sentence.
        (1) Sexual exploitation of a child is a Class A
    misdemeanor. A second or subsequent violation of this
    Section or a substantially similar law of another state is
    a Class 4 felony.
        (2) Sexual exploitation of a child is a Class 4 felony
    if the person has been previously convicted of a sex
    offense.
        (3) Sexual exploitation of a child is a Class 4 felony
    if the victim was under 13 years of age at the time of the
    commission of the offense.
(Source: P.A. 91-223, eff. 1-1-00.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/7/2005