State of Illinois
91^st General Assembly
Public Acts

Public Act 91-0226

HB1097 Enrolled                                LRB9101089RCks

    AN ACT to amend the Criminal Code  of  1961  by  changing
Section 11-6.

    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.
    (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.
    (c)  Sentence.
    Indecent solicitation of a child 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.
    (a)  A  person  of  the  age  of 17 years and upwards who
solicits a child under the age  of  13  to  do  any  act,  or
solicits  a  person  to arrange an act with a child under the
age of 13, which if done would be aggravated criminal  sexual
assault,  predatory  criminal  sexual  assault  of  a  child,
criminal  sexual assault, aggravated criminal sexual abuse or
criminal sexual abuse, commits  indecent  solicitation  of  a
child.
    (b)  It  shall  not be a defense to indecent solicitation
of a child that the accused reasonably believed the child  to
be of the age of 13 years and upwards.
    (c)  Sentence.
    Indecent solicitation of a child is:
         (1)  a  Class  A  misdemeanor when the act, if done,
    would be criminal sexual abuse;
         (2)  a Class 4 felony when the act, if  done,  would
    be  criminal  sexual  assault, aggravated criminal sexual
    assault, or aggravated criminal sexual abuse.
    (d)  For  the  purposes  of  this   Section,   "solicits"
includes  but is not limited to oral or written communication
and communication by telephone, computer, or other electronic
means.  "Computer" has the meaning ascribed to it in  Section
16D-2 of this Code.
(Source:  P.A.  89-8,  eff.  3-21-95;  89-203,  eff. 7-21-95;
89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.