Public Act 095-0143
 
HB2858 Enrolled LRB095 06097 RLC 26190 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 11-6 as follows:
 
    (720 ILCS 5/11-6)  (from Ch. 38, par. 11-6)
    Sec. 11-6. Indecent solicitation of a child.
    (a) A person of the age of 17 years and upwards commits the
offense of indecent solicitation of a child if the person, with
the intent that the offense of aggravated criminal sexual
assault, criminal sexual assault, predatory criminal sexual
assault of a child, or aggravated criminal sexual abuse be
committed, knowingly solicits a child or one whom he or she
believes to be a child to perform an act of sexual penetration
or sexual conduct as defined in Section 12-12 of this Code.
    (a-5) A person of the age of 17 years and upwards commits
the offense of indecent solicitation of a child if the person
knowingly discusses an act of sexual conduct or sexual
penetration with a child or with one whom he or she believes to
be a child by means of the Internet with the intent that the
offense of aggravated criminal sexual assault, predatory
criminal sexual assault of a child, or aggravated criminal
sexual abuse be committed.
    (a-6) It is not a defense to subsection (a-5) that the
person did not solicit the child to perform sexual conduct or
sexual penetration with the person.
    (b) Definitions. As used in this Section:
        "Solicit" means to command, authorize, urge, incite,
    request, or advise another to perform an act by any means
    including, but not limited to, in person, over the phone,
    in writing, by computer, or by advertisement of any kind.
        "Child" means a person under 17 years of age.
        "Internet" means an interactive computer service or
    system or an information service, system, or access
    software provider that provides or enables computer access
    by multiple users to a computer server, and includes, but
    is not limited to, an information service, system, or
    access software provider that provides access to a network
    system commonly known as the Internet, or any comparable
    system or service and also includes, but is not limited to,
    a World Wide Web page, newsgroup, message board, mailing
    list, or chat area on any interactive computer service or
    system or other online service.
        "Sexual penetration" or "sexual conduct" are defined
    in Section 12-12 of this Code.
    (c) Sentence. Indecent solicitation of a child under
subsection (a) is:
        (1) a Class 1 felony when the act, if done, would be
    predatory criminal sexual assault of a child or aggravated
    criminal sexual assault;
        (2) a Class 2 felony when the act, if done, would be
    criminal sexual assault;
        (3) a Class 3 felony when the act, if done, would be
    aggravated criminal sexual abuse.
    Indecent solicitation of a child under subsection (a-5) is
a Class 4 felony.
(Source: P.A. 91-226, eff. 7-22-99.)

Effective Date: 1/1/2008