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Public Act 102-1096 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by | ||||
changing Section 11-0.1 as follows: | ||||
(720 ILCS 5/11-0.1) | ||||
Sec. 11-0.1. Definitions. In this Article, unless the | ||||
context clearly requires otherwise, the following terms are | ||||
defined as indicated: | ||||
"Accused" means a person accused of an offense prohibited | ||||
by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of | ||||
this Code or a person for whose conduct the accused is legally | ||||
responsible under Article 5 of this Code. | ||||
"Adult obscenity or child pornography Internet site". See | ||||
Section 11-23. | ||||
"Advance prostitution" means: | ||||
(1) Soliciting for a prostitute by performing any of | ||||
the following acts when acting other than as a prostitute | ||||
or a patron of a prostitute: | ||||
(A) Soliciting another for the purpose of | ||||
prostitution. | ||||
(B) Arranging or offering to arrange a meeting of | ||||
persons for the purpose of prostitution. |
(C) Directing another to a place knowing the | ||
direction is for the purpose of prostitution. | ||
(2) Keeping a place of prostitution by controlling or | ||
exercising control over the use of any place that could | ||
offer seclusion or shelter for the practice of | ||
prostitution and performing any of the following acts when | ||
acting other than as a prostitute or a patron of a | ||
prostitute: | ||
(A) Knowingly granting or permitting the use of | ||
the place for the purpose of prostitution. | ||
(B) Granting or permitting the use of the place | ||
under circumstances from which he or she could | ||
reasonably know that the place is used or is to be used | ||
for purposes of prostitution. | ||
(C) Permitting the continued use of the place | ||
after becoming aware of facts or circumstances from | ||
which he or she should reasonably know that the place | ||
is being used for purposes of prostitution. | ||
"Agency". See Section 11-9.5. | ||
"Arranges". See Section 11-6.5. | ||
"Bodily harm" means physical harm, and includes, but is | ||
not limited to, sexually transmitted disease, pregnancy, and | ||
impotence. | ||
"Care and custody". See Section 11-9.5. | ||
"Child care institution". See Section 11-9.3. | ||
"Child pornography". See Section 11-20.1. |
"Child sex offender". See Section 11-9.3. | ||
"Community agency". See Section 11-9.5. | ||
"Conditional release". See Section 11-9.2. | ||
"Consent" means a freely given agreement to the act of | ||
sexual penetration or sexual conduct in question. Lack of | ||
verbal or physical resistance or submission by the victim | ||
resulting from the use of force or threat of force by the | ||
accused shall not constitute consent. The manner of dress of | ||
the victim at the time of the offense shall not constitute | ||
consent. | ||
"Custody". See Section 11-9.2. | ||
"Day care center". See Section 11-9.3. | ||
"Depict by computer". See Section 11-20.1. | ||
"Depiction by computer". See Section 11-20.1. | ||
"Disseminate". See Section 11-20.1. | ||
"Distribute". See Section 11-21. | ||
"Family member" means a parent, grandparent, child, aunt, | ||
uncle, great-aunt, or great-uncle, whether by whole blood, | ||
half-blood, or adoption, and includes a step-grandparent, | ||
step-parent, or step-child. "Family member" also means, if the | ||
victim is a child under 18 years of age, an accused who has | ||
resided in the household with the child continuously for at | ||
least 6 months. | ||
"Force or threat of force" means the use of force or | ||
violence or the threat of force or violence, including, but | ||
not limited to, the following situations: |
(1) when the accused threatens to use force or | ||
violence on the victim or on any other person, and the | ||
victim under the circumstances reasonably believes that | ||
the accused has the ability to execute that threat; or | ||
(2) when the accused overcomes the victim by use of | ||
superior strength or size, physical restraint, or physical | ||
confinement. | ||
"Harmful to minors". See Section 11-21. | ||
"Loiter". See Section 9.3. | ||
"Material". See Section 11-21. | ||
"Minor". See Section 11-21. | ||
"Nudity". See Section 11-21. | ||
"Obscene". See Section 11-20. | ||
"Part day child care facility". See Section 11-9.3. | ||
"Penal system". See Section 11-9.2. | ||
"Person responsible for the child's welfare". See Section | ||
11-9.1A. | ||
"Person with a disability". See Section 11-9.5. | ||
"Playground". See Section 11-9.3. | ||
"Probation officer". See Section 11-9.2. | ||
"Produce". See Section 11-20.1. | ||
"Profit from prostitution" means, when acting other than | ||
as a prostitute, to receive anything of value for personally | ||
rendered prostitution services or to receive anything of value | ||
from a prostitute, if the thing received is not for lawful | ||
consideration and the person knows it was earned in whole or in |
part from the practice of prostitution. | ||
"Public park". See Section 11-9.3. | ||
"Public place". See Section 11-30. | ||
"Reproduce". See Section 11-20.1. | ||
"Sado-masochistic abuse". See Section 11-21. | ||
"School". See Section 11-9.3. | ||
"School official". See Section 11-9.3. | ||
"Sexual abuse". See Section 11-9.1A. | ||
"Sexual act". See Section 11-9.1. | ||
"Sexual conduct" means any knowing touching or fondling by | ||
the victim or the accused, either directly or through | ||
clothing, of the sex organs, anus, or breast of the victim or | ||
the accused, or any part of the body of a child under 13 years | ||
of age, or any transfer or transmission of semen by the accused | ||
upon any part of the clothed or unclothed body of the victim, | ||
for the purpose of sexual gratification or arousal of the | ||
victim or the accused. | ||
"Sexual excitement". See Section 11-21. | ||
"Sexual penetration" means any contact, however slight, | ||
between the sex organ or anus of one person and an object or | ||
the sex organ, mouth, or anus of another person, or any | ||
intrusion, however slight, of any part of the body of one | ||
person or of any animal or object into the sex organ or anus of | ||
another person, including, but not limited to, cunnilingus, | ||
fellatio, or anal penetration. Evidence of emission of semen | ||
is not required to prove sexual penetration. |
"Solicit". See Section 11-6. | ||
"State-operated facility". See Section 11-9.5. | ||
"Supervising officer". See Section 11-9.2. | ||
"Surveillance agent". See Section 11-9.2. | ||
"Treatment and detention facility". See Section 11-9.2. | ||
"Unable to give knowing consent" includes when the accused | ||
administers any intoxicating or anesthetic substance, or any | ||
controlled substance causing the victim to become unconscious | ||
of the nature of the act and this condition was known, or | ||
reasonably should have been known by the accused. "Unable to | ||
give knowing consent" also includes when the victim has taken | ||
an intoxicating substance or any controlled substance causing | ||
the victim to become unconscious of the nature of the act, and | ||
this condition was known or reasonably should have been known | ||
by the accused, but the accused did not provide or administer | ||
the intoxicating substance. As used in this paragraph, | ||
"unconscious of the nature of the act" means incapable of | ||
resisting because the victim meets any one of the following | ||
conditions: | ||
(1) was unconscious or asleep; | ||
(2) was not aware, knowing, perceiving, or cognizant | ||
that the act occurred; | ||
(3) was not aware, knowing, perceiving, or cognizant | ||
of the essential characteristics of the act due to the | ||
perpetrator's fraud in fact; or | ||
(4) was not aware, knowing, perceiving, or cognizant |
of the essential characteristics of the act due to the | ||
perpetrator's fraudulent representation that the sexual | ||
penetration served a professional purpose when it served | ||
no professional purpose. | ||
A victim is presumed "unable to give knowing consent" when | ||
the victim: | ||
(1) is committed to the care and custody or | ||
supervision of the Illinois Department of Corrections | ||
(IDOC) and the accused is an employee or volunteer who is | ||
not married to the victim who knows or reasonably should | ||
know that the victim is committed to the care and custody | ||
or supervision of such department; | ||
(2) is committed to or placed with the Department of | ||
Children and Family Services (DCFS) and in residential | ||
care, and the accused employee is not married to the | ||
victim, and knows or reasonably should know that the | ||
victim is committed to or placed with DCFS and in | ||
residential care; | ||
(3) is a client or patient and the accused is a health | ||
care provider or mental health care provider and the | ||
sexual conduct or sexual penetration occurs during a | ||
treatment session, consultation, interview, or | ||
examination; | ||
(4) is a resident or inpatient of a residential | ||
facility and the accused is an employee of the facility | ||
who is not married to such resident or inpatient who |
provides direct care services, case management services, | ||
medical or other clinical services, habilitative services | ||
or direct supervision of the residents in the facility in | ||
which the resident resides; or an officer or other | ||
employee, consultant, contractor or volunteer of the | ||
residential facility, who knows or reasonably should know | ||
that the person is a resident of such facility; or | ||
(5) is detained or otherwise in the custody of a | ||
police officer, peace officer, or other law enforcement | ||
official who: (i) is detaining or maintaining custody of | ||
such person; or (ii) knows, or reasonably should know, | ||
that at the time of the offense, such person was detained | ||
or in custody and the police officer, peace officer, or | ||
other law enforcement official is not married to such | ||
detainee. | ||
"Victim" means a person alleging to have been subjected to | ||
an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, | ||
11-1.50, or 11-1.60 of this Code.
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(Source: P.A. 102-567, eff. 1-1-22 .)
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