[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0827
HB4081 Enrolled LRB9212174RCsbA
AN ACT in relation to 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 Sections 11-20.1, 12-3.2, 12-7.3, and 12-30 as
follows:
(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
Sec. 11-20.1. Child pornography.
(a) A person commits the offense of child pornography
who:
(1) films, videotapes, photographs, or otherwise
depicts or portrays by means of any similar visual medium
or reproduction or depicts by computer any child whom he
knows or reasonably should know to be under the age of 18
or any severely or profoundly mentally retarded person
where such child or severely or profoundly mentally
retarded person is:
(i) actually or by simulation engaged in any
act of sexual penetration or sexual conduct
intercourse with any person or animal; or
(ii) actually or by simulation engaged in any
act of sexual penetration or sexual conduct contact
involving the sex organs of the child or severely or
profoundly mentally retarded person and the mouth,
anus, or sex organs of another person or animal; or
which involves the mouth, anus or sex organs of the
child or severely or profoundly mentally retarded
person and the sex organs of another person or
animal; or
(iii) actually or by simulation engaged in any
act of masturbation; or
(iv) actually or by simulation portrayed as
being the object of, or otherwise engaged in, any
act of lewd fondling, touching, or caressing
involving another person or animal; or
(v) actually or by simulation engaged in any
act of excretion or urination within a sexual
context; or
(vi) actually or by simulation portrayed or
depicted as bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in any sexual
context; or
(vii) depicted or portrayed in any pose,
posture or setting involving a lewd exhibition of
the unclothed genitals, pubic area, buttocks, or, if
such person is female, a fully or partially
developed breast of the child or other person; or
(2) with the knowledge of the nature or content
thereof, reproduces, disseminates, offers to disseminate,
exhibits or possesses with intent to disseminate any
film, videotape, photograph or other similar visual
reproduction or depiction by computer of any child or
severely or profoundly mentally retarded person whom the
person knows or reasonably should know to be under the
age of 18 or to be a severely or profoundly mentally
retarded person, engaged in any activity described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(3) with knowledge of the subject matter or theme
thereof, produces any stage play, live performance, film,
videotape or other similar visual portrayal or depiction
by computer which includes a child whom the person knows
or reasonably should know to be under the age of 18 or a
severely or profoundly mentally retarded person engaged
in any activity described in subparagraphs (i) through
(vii) of paragraph (1) of this subsection; or
(4) solicits, uses, persuades, induces, entices, or
coerces any child whom he knows or reasonably should know
to be under the age of 18 or a severely or profoundly
mentally retarded person to appear in any stage play,
live presentation, film, videotape, photograph or other
similar visual reproduction or depiction by computer in
which the child or severely or profoundly mentally
retarded person is or will be depicted, actually or by
simulation, in any act, pose or setting described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(5) is a parent, step-parent, legal guardian or
other person having care or custody of a child whom the
person knows or reasonably should know to be under the
age of 18 or a severely or profoundly mentally retarded
person and who knowingly permits, induces, promotes, or
arranges for such child or severely or profoundly
mentally retarded person to appear in any stage play,
live performance, film, videotape, photograph or other
similar visual presentation, portrayal or simulation or
depiction by computer of any act or activity described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(6) with knowledge of the nature or content
thereof, possesses any film, videotape, photograph or
other similar visual reproduction or depiction by
computer of any child or severely or profoundly mentally
retarded person whom the person knows or reasonably
should know to be under the age of 18 or to be a severely
or profoundly mentally retarded person, engaged in any
activity described in subparagraphs (i) through (vii) of
paragraph (1) of this subsection; or
(7) solicits, uses, persuades, induces, entices, or
coerces a person to provide a child under the age of 18
or a severely or profoundly mentally retarded person to
appear in any videotape, photograph, film, stage play,
live presentation, or other similar visual reproduction
or depiction by computer in which the child or severely
or profoundly mentally retarded person will be depicted,
actually or by simulation, in any act, pose, or setting
described in subparagraphs (i) through (vii) of paragraph
(1) of this subsection.
(b) (1) It shall be an affirmative defense to a charge
of child pornography that the defendant reasonably believed,
under all of the circumstances, that the child was 18 years
of age or older or that the person was not a severely or
profoundly mentally retarded person but only where, prior to
the act or acts giving rise to a prosecution under this
Section, he took some affirmative action or made a bonafide
inquiry designed to ascertain whether the child was 18 years
of age or older or that the person was not a severely or
profoundly mentally retarded person and his reliance upon the
information so obtained was clearly reasonable.
(2) (Blank).
(3) The charge of child pornography shall not apply
to the performance of official duties by law enforcement
or prosecuting officers, court personnel or attorneys,
nor to bonafide treatment or professional education
programs conducted by licensed physicians, psychologists
or social workers.
(4) Possession by the defendant of more than one of
the same film, videotape or visual reproduction or
depiction by computer in which child pornography is
depicted shall raise a rebuttable presumption that the
defendant possessed such materials with the intent to
disseminate them.
(5) The charge of child pornography does not apply
to a person who does not voluntarily possess a film,
videotape, or visual reproduction or depiction by
computer in which child pornography is depicted.
Possession is voluntary if the defendant knowingly
procures or receives a film, videotape, or visual
reproduction or depiction for a sufficient time to be
able to terminate his or her possession.
(c) Violation of paragraph (1), (4), (5), or (7) of
subsection (a) is a Class 1 felony with a mandatory minimum
fine of $2,000 and a maximum fine of $100,000. Violation of
paragraph (3) of subsection (a) is a Class 1 felony with a
mandatory minimum fine of $1500 and a maximum fine of
$100,000. Violation of paragraph (2) of subsection (a) is a
Class 1 felony with a mandatory minimum fine of $1000 and a
maximum fine of $100,000. Violation of paragraph (6) of
subsection (a) is a Class 3 felony with a mandatory minimum
fine of $1000 and a maximum fine of $100,000.
(d) If a person is convicted of a second or subsequent
violation of this Section within 10 years of a prior
conviction, the court shall order a presentence psychiatric
examination of the person. The examiner shall report to the
court whether treatment of the person is necessary.
(e) Any film, videotape, photograph or other similar
visual reproduction or depiction by computer which includes a
child under the age of 18 or a severely or profoundly
mentally retarded person engaged in any activity described in
subparagraphs (i) through (vii) or paragraph 1 of subsection
(a), and any material or equipment used or intended for use
in photographing, filming, printing, producing, reproducing,
manufacturing, projecting, exhibiting, depiction by computer,
or disseminating such material shall be seized and forfeited
in the manner, method and procedure provided by Section 36-1
of this Code for the seizure and forfeiture of vessels,
vehicles and aircraft.
(e-5) Upon the conclusion of a case brought under this
Section, the court shall seal all evidence depicting a victim
or witness that is sexually explicit. The evidence may be
unsealed and viewed, on a motion of the party seeking to
unseal and view the evidence, only for good cause shown and
in the discretion of the court. The motion must expressly
set forth the purpose for viewing the material. The State's
attorney and the victim, if possible, shall be provided
reasonable notice of the hearing on the motion to unseal the
evidence. Any person entitled to notice of a hearing under
this subsection (e-5) may object to the motion.
(f) Definitions. For the purposes of this Section:
(1) "Disseminate" means (i) to sell, distribute,
exchange or transfer possession, whether with or without
consideration or (ii) to make a depiction by computer
available for distribution or downloading through the
facilities of any telecommunications network or through
any other means of transferring computer programs or data
to a computer.
(2) "Produce" means to direct, promote, advertise,
publish, manufacture, issue, present or show.
(3) "Reproduce" means to make a duplication or
copy.
(4) "Depict by computer" means to generate or
create, or cause to be created or generated, a computer
program or data that, after being processed by a computer
either alone or in conjunction with one or more computer
programs, results in a visual depiction on a computer
monitor, screen, or display.
(5) "Depiction by computer" means a computer
program or data that, after being processed by a computer
either alone or in conjunction with one or more computer
programs, results in a visual depiction on a computer
monitor, screen, or display.
(6) "Computer", "computer program", and "data" have
the meanings ascribed to them in Section 16D-2 of this
Code.
(7) "Child" includes a film, videotape, photograph,
or other similar visual medium or reproduction or
depiction by computer that is, or appears to be, that of
a person, either in part, or in total, under the age of
18, regardless of the method by which the film,
videotape, photograph, or other similar visual medium or
reproduction or depiction by computer is created,
adopted, or modified to appear as such. "Child" also
includes a film, videotape, photograph, or other similar
visual medium or reproduction or depiction by computer
that is advertised, promoted, presented, described, or
distributed in such a manner that conveys the impression
that the film, videotape, photograph, or other similar
visual medium or reproduction or depiction by computer is
of a person under the age of 18.
(8) "Sexual penetration" and "sexual conduct" have
the meanings ascribed to them in Section 12-12 of this
Code.
(g) Re-enactment; findings; purposes.
(1) The General Assembly finds and declares that:
(i) Section 50-5 of Public Act 88-680,
effective January 1, 1995, contained provisions
amending the child pornography statute, Section
11-20.1 of the Criminal Code of 1961. Section 50-5
also contained other provisions.
(ii) In addition, Public Act 88-680 was
entitled "AN ACT to create a Safe Neighborhoods
Law". (A) Article 5 was entitled JUVENILE JUSTICE
and amended the Juvenile Court Act of 1987. (B)
Article 15 was entitled GANGS and amended various
provisions of the Criminal Code of 1961 and the
Unified Code of Corrections. (C) Article 20 was
entitled ALCOHOL ABUSE and amended various
provisions of the Illinois Vehicle Code. (D)
Article 25 was entitled DRUG ABUSE and amended the
Cannabis Control Act and the Illinois Controlled
Substances Act. (E) Article 30 was entitled FIREARMS
and amended the Criminal Code of 1961 and the Code
of Criminal Procedure of 1963. (F) Article 35
amended the Criminal Code of 1961, the Rights of
Crime Victims and Witnesses Act, and the Unified
Code of Corrections. (G) Article 40 amended the
Criminal Code of 1961 to increase the penalty for
compelling organization membership of persons. (H)
Article 45 created the Secure Residential Youth Care
Facility Licensing Act and amended the State Finance
Act, the Juvenile Court Act of 1987, the Unified
Code of Corrections, and the Private Correctional
Facility Moratorium Act. (I) Article 50 amended the
WIC Vendor Management Act, the Firearm Owners
Identification Card Act, the Juvenile Court Act of
1987, the Criminal Code of 1961, the Wrongs to
Children Act, and the Unified Code of Corrections.
(iii) On September 22, 1998, the Third
District Appellate Court in People v. Dainty, 701
N.E. 2d 118, ruled that Public Act 88-680 violates
the single subject clause of the Illinois
Constitution (Article IV, Section 8 (d)) and was
unconstitutional in its entirety. As of the time
this amendatory Act of 1999 was prepared, People v.
Dainty was still subject to appeal.
(iv) Child pornography is a vital concern to
the people of this State and the validity of future
prosecutions under the child pornography statute of
the Criminal Code of 1961 is in grave doubt.
(2) It is the purpose of this amendatory Act of
1999 to prevent or minimize any problems relating to
prosecutions for child pornography that may result from
challenges to the constitutional validity of Public Act
88-680 by re-enacting the Section relating to child
pornography that was included in Public Act 88-680.
(3) This amendatory Act of 1999 re-enacts Section
11-20.1 of the Criminal Code of 1961, as it has been
amended. This re-enactment is intended to remove any
question as to the validity or content of that Section;
it is not intended to supersede any other Public Act that
amends the text of the Section as set forth in this
amendatory Act of 1999. The material is shown as
existing text (i.e., without underscoring) because, as
of the time this amendatory Act of 1999 was prepared,
People v. Dainty was subject to appeal to the Illinois
Supreme Court.
(4) The re-enactment by this amendatory Act of 1999
of Section 11-20.1 of the Criminal Code of 1961 relating
to child pornography that was amended by Public Act
88-680 is not intended, and shall not be construed, to
imply that Public Act 88-680 is invalid or to limit or
impair any legal argument concerning whether those
provisions were substantially re-enacted by other Public
Acts.
(Source: P.A. 91-54, eff. 6-30-99; 91-229, eff. 1-1-00;
91-357, eff. 7-29-99; 92-16, eff. 6-28-01; 92-434, eff.
1-1-02.)
(720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
Sec. 12-3.2. Domestic Battery.
(a) A person commits domestic battery if he
intentionally or knowingly without legal justification by any
means:
(1) Causes bodily harm to any family or household
member as defined in subsection (3) of Section 112A-3 of
the Code of Criminal Procedure of 1963, as amended;
(2) Makes physical contact of an insulting or
provoking nature with any family or household member as
defined in subsection (3) of Section 112A-3 of the Code
of Criminal Procedure of 1963, as amended.
(b) Sentence. Domestic battery is a Class A
Misdemeanor. Domestic battery is a Class 4 felony if the
defendant has any prior conviction under this Code for
domestic battery (Section 12-3.2) or violation of an order of
protection (Section 12-30). Domestic battery is a Class 4
felony if the defendant has any prior conviction under this
Code for first degree murder (Section 9-1), attempt to commit
first degree murder (Section 8-4), aggravated domestic
battery (Section 12-3.3), aggravated battery (Section 12-4),
heinous battery (Section 12-4.1), aggravated battery with a
firearm (Section 12-4.2), aggravated battery of a child
(Section 12-4.3), aggravated battery of an unborn child
(Section 12-4.4), aggravated battery of a senior citizen
(Section 12-4.6), stalking (Section 12-7.3), aggravated
stalking (Section 12-7.4), criminal sexual assault (Section
12-13), aggravated criminal sexual assault (12-14),
kidnapping (Section 10-1), aggravated kidnapping (Section
10-2), predatory criminal sexual assault of a child (Section
12-14.1), aggravated criminal sexual abuse (Section 12-16),
unlawful restraint (Section 10-3), or aggravated unlawful
restraint (Section 10-3.1), aggravated arson (Section
20-1.1), or aggravated discharge of a firearm (Section
24-1.2), when any of these offenses have been committed
against a family or household member as defined in Section
112A-3 of the Code of Criminal Procedure of 1963. In addition
to any other sentencing alternatives, for any second
conviction of violating this Section within 5 years of a
previous conviction for violating this Section, the offender
shall be mandatorily sentenced to a minimum of 48 consecutive
hours of imprisonment. The imprisonment shall not be subject
to suspension, nor shall the person be eligible for probation
in order to reduce the sentence.
(c) Domestic battery committed in the presence of a
child. In addition to any other sentencing alternatives, a
defendant who commits, in the presence of a child, a felony
domestic battery (enhanced under subsection (b)), aggravated
domestic battery (Section 12-3.3), aggravated battery
(Section 12-4), unlawful restraint (Section 10-3), or
aggravated unlawful restraint (Section 10-3.1) against a
family or household member, as defined in Section 112A-3 of
the Code of Criminal Procedure of 1963, shall be required to
serve a mandatory minimum imprisonment of 10 days or perform
300 hours of community service, or both. The defendant shall
further be liable for the cost of any counseling required for
the child at the discretion of the court in accordance with
subsection (b) of Section 5-5-6 of the Unified Code of
Corrections. For purposes of this Section, "child" means a
person under 16 years of age who is the defendant's or
victim's child or step-child or who is a minor child residing
within the household of the defendant or victim. For
purposes of this Section, "in the presence of a child" means
in the physical presence of a child or knowing or having
reason to know that a child is present and may see or hear an
act constituting one of the offenses listed in this
subsection.
(Source: P.A. 91-112, eff. 10-1-99; 91-262, eff. 1-1-00;
91-928, eff. 6-1-01; 92-16, eff. 6-28-01.)
(720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
Sec. 12-7.3. Stalking.
(a) A person commits stalking when he or she, knowingly
and without lawful justification, on at least 2 separate
occasions follows another person or places the person under
surveillance or any combination thereof and:
(1) at any time transmits a threat of immediate or
future bodily harm, sexual assault, confinement or
restraint and the threat is directed towards that person
or a family member of that person; or
(2) places that person in reasonable apprehension
of immediate or future bodily harm, sexual assault,
confinement or restraint; or
(3) places that person in reasonable apprehension
that a family member will receive immediate or future
bodily harm, sexual assault, confinement, or restraint.
(a-5) A person commits stalking when he or she has
previously been convicted of stalking another person and
knowingly and without lawful justification on one occasion:
(1) follows that same person or places that same
person under surveillance; and
(2) transmits a threat of immediate or future
bodily harm, sexual assault, confinement or restraint;
and
(3) the threat is directed towards that person or a
family member of that person.
(b) Sentence. Stalking is a Class 4 felony. A second or
subsequent conviction for stalking is a Class 3 felony.
(b-5) The incarceration of a person in a penal
institution who transmits a threat is not a bar to
prosecution under this Section.
(c) Exemption. This Section does not apply to picketing
occurring at the workplace that is otherwise lawful and
arises out of a bona fide labor dispute, or any exercise of
the right of free speech or assembly that is otherwise
lawful.
(d) For the purpose of this Section, a defendant "places
a person under surveillance" by remaining present outside the
person's school, place of employment, vehicle, other place
occupied by the person, or residence other than the residence
of the defendant.
(e) For the purpose of this Section, "follows another
person" means (i) to move in relative proximity to a person
as that person moves from place to place or (ii) to remain in
relative proximity to a person who is stationary or whose
movements are confined to a small area. "Follows another
person" does not include a following within the residence of
the defendant.
(f) For the purposes of this Section and Section 12-7.4,
"bona fide labor dispute" means any controversy concerning
wages, salaries, hours, working conditions, or benefits,
including health and welfare, sick leave, insurance, and
pension or retirement provisions, the making or maintaining
of collective bargaining agreements, and the terms to be
included in those agreements.
(g) For the purposes of this Section, "transmits a
threat" means a verbal or written threat or a threat implied
by a pattern of conduct or a combination of verbal or written
statements or conduct.
(h) For the purposes of this Section, "family member"
means a parent, grandparent, brother, sister, or child,
whether by whole blood, half-blood, or adoption and includes
a step-grandparent, step-parent, step-brother, step-sister or
step-child. "Family member" also means any other person who
regularly resides in the household, or who, within the prior
6 months, regularly resided in the household.
(Source: P.A. 91-640, eff. 8-20-99.)
(720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
Sec. 12-30. Violation of an order of protection.
(a) A person commits violation of an order of protection
if:
(1) He or she commits an act which was prohibited
by a court or fails to commit an act which was ordered by
a court in violation of:
(i) a remedy in a valid order of protection
authorized under paragraphs (1), (2), (3), (14), or
(14.5) of subsection (b) of Section 214 of the
Illinois Domestic Violence Act of 1986,
(ii) a remedy, which is substantially similar
to the remedies authorized under paragraphs (1),
(2), (3), (14) or (14.5) of subsection (b) of
Section 214 of the Illinois Domestic Violence Act of
1986, in a valid order of protection, which is
authorized under the laws of another state, tribe or
United States territory,
(iii) any other remedy when the act
constitutes a crime against the protected parties as
the term protected parties is defined in Section
112A-4 of the Code of Criminal Procedure of 1963;
and
(2) Such violation occurs after the offender has
been served notice of the contents of the order, pursuant
to the Illinois Domestic Violence Act of 1986 or any
substantially similar statute of another state, tribe or
United States territory, or otherwise has acquired actual
knowledge of the contents of the order.
An order of protection issued by a state, tribal or
territorial court related to domestic or family violence
shall be deemed valid if the issuing court had jurisdiction
over the parties and matter under the law of the state, tribe
or territory. There shall be a presumption of validity where
an order is certified and appears authentic on its face.
(a-5) Failure to provide reasonable notice and
opportunity to be heard shall be an affirmative defense to
any charge or process filed seeking enforcement of a foreign
order of protection.
(b) For purposes of this Section, an "order of
protection" may have been issued in a criminal or civil
proceeding.
(c) Nothing in this Section shall be construed to
diminish the inherent authority of the courts to enforce
their lawful orders through civil or criminal contempt
proceedings.
(d) Violation of an order of protection under subsection
(a) of this Section is a Class A misdemeanor. Violation of an
order of protection under subsection (a) of this Section is a
Class 4 felony if the defendant has any prior conviction
under this Code for domestic battery (Section 12-3.2) or
violation of an order of protection (Section 12-30).
Violation of an order of protection is a Class 4 felony if
the defendant has any prior conviction under this Code for
first degree murder (Section 9-1), attempt to commit first
degree murder (Section 8-4), aggravated domestic battery
(Section 12-3.3), aggravated battery (Section 12-4), heinous
battery (Section 12-4.1), aggravated battery with a firearm
(Section 12-4.2), aggravated battery of a child (Section
12-4.3), aggravated battery of an unborn child (Section
12-4.4), aggravated battery of a senior citizen (Section
12-4.6), stalking (Section 12-7.3), aggravated stalking
(Section 12-7.4), criminal sexual assault (Section 12-13),
aggravated criminal sexual assault (12-14), kidnapping
(Section 10-1), aggravated kidnapping (Section 10-2),
predatory criminal sexual assault of a child (Section
12-14.1), aggravated criminal sexual abuse (Section 12-16),
unlawful restraint (Section 10-3), or aggravated unlawful
restraint (Section 10-3.1), aggravated arson (Section
20-1.1), or aggravated discharge of a firearm (Section
24-1.2), when any of these offenses have been committed
against a family or household member as defined in Section
112A-3 of the Code of Criminal Procedure of 1963. The court
shall impose a minimum penalty of 24 hours imprisonment for
defendant's second or subsequent violation of any order of
protection; unless the court explicitly finds that an
increased penalty or such period of imprisonment would be
manifestly unjust. In addition to any other penalties, the
court may order the defendant to pay a fine as authorized
under Section 5-9-1 of the Unified Code of Corrections or to
make restitution to the victim under Section 5-5-6 of the
Unified Code of Corrections. In addition to any other
penalties, including those imposed by Section 5-9-1.5 of the
Unified Code of Corrections, the court shall impose an
additional fine of $20 as authorized by Section 5-9-1.11 of
the Unified Code of Corrections upon any person convicted of
or placed on supervision for a violation of this Section.
The additional fine shall be imposed for each violation of
this Section.
(e) The limitations placed on law enforcement liability
by Section 305 of the Illinois Domestic Violence Act of 1986
apply to actions taken under this Section.
(Source: P.A. 90-241, eff. 1-1-98; 90-732, eff. 8-11-98;
90-734, eff. 1-1-99; 91-112, eff. 10-1-99; 91-357, eff.
7-29-99.)
Section 10. The Wrongs to Children Act is amended by
changing Section 5.1 as follows:
(720 ILCS 150/5.1) (from Ch. 23, par. 2355.1)
Sec. 5.1. Permitting sexual abuse of a child.
(a) A person responsible for a child's welfare commits
the offense of permitting sexual abuse of a child if he or
she has actual knowledge of and permits an act of sexual
abuse upon the child, or permits the child to engage in
prostitution as defined in Section 11-14 of the Criminal Code
of 1961.
(b) In this Section:
"Child" means a minor under the age of 17 years.
"Person responsible for the child's welfare" means the
child's parent, step-parent, legal guardian, or other person
having custody of a child, who is responsible for the child's
care at the time of the alleged sexual abuse.
"Sexual abuse" includes criminal sexual abuse or criminal
sexual assault as defined in Section 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961.
"Prostitution" means prostitution as defined in Section
11-14 of the Criminal Code of 1961.
"Actual knowledge" includes credible allegations made by
the child.
(c) This Section does not apply to a person responsible
for the child's welfare who, having reason to believe that
sexual abuse has occurred, makes timely and reasonable
efforts to stop the sexual abuse by reporting the sexual
abuse in conformance with the Abused and Neglected Child
Reporting Act or by reporting the sexual abuse, or causing a
report to be made, to medical or law enforcement authorities
or anyone who is a mandated reporter under Section 4 of the
Abused and Neglected Child Reporting Act.
(d) Whenever a law enforcement officer has reason to
believe that the child or the person responsible for the
child's welfare has been abused by a family or household
member as defined by the Illinois Domestic Violence Act of
1986, the officer shall immediately use all reasonable means
to prevent further abuse under Section 112A-30 of the Code of
Criminal Procedure of 1963.
(e) An order of protection under Section 111-8 of the
Code of Criminal Procedure of 1963 shall be sought in all
cases where there is reason to believe that a child has been
sexually abused by a family or household member. In
considering appropriate available remedies, it shall be
presumed that awarding physical care or custody to the abuser
is not in the child's best interest.
(f) A person may not be charged with the offense of
permitting sexual abuse of a child under this Section until
the person who committed the offense is charged with criminal
sexual assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, criminal sexual abuse,
aggravated criminal sexual abuse, or prostitution.
(g) A person convicted of permitting the sexual abuse of
a child is guilty of a Class 1 felony. As a condition of any
sentence of supervision, probation, conditional discharge, or
mandatory supervised release, any person convicted under this
Section shall be ordered to undergo child sexual abuse,
domestic violence, or other appropriate counseling for a
specified duration with a qualified social or mental health
worker.
(h) It is an affirmative defense to a charge of
permitting sexual abuse of a child under this Section that
the person responsible for the child's welfare had a
reasonable apprehension that timely action to stop the abuse
or prostitution would result in the imminent infliction of
death, great bodily harm, permanent disfigurement, or
permanent disability to that person or another in retaliation
for reporting. A. A parent, step-parent, legal guardian, or
other person having custody of a child who knowingly allows
or permits an act of criminal sexual abuse or criminal sexual
assault as defined in Section 12-13, 12-14, 12-14.1, 12-15 or
12-16 of the Criminal Code of 1961, upon his or her child, or
knowingly permits, induces, promotes, or arranges for the
child to engage in prostitution as defined in Section 11-14
of the Criminal Code of 1961, and fails to take reasonable
steps to prevent its commission or future occurrences of such
acts commits the offense of permitting the sexual abuse of a
child. For purposes of this Section, "child" means a minor
under the age of 17 years.
B. Any person convicted of permitting the sexual abuse
of a child is guilty of a Class 1 felony.
(Source: P.A. 91-696, eff. 4-13-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 29, 2002.
Approved August 22, 2002.
Effective August 22, 2002.
[ Top ]