96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5321


 
Introduced 2/5/2010, by Rep. Darlene J. Senger
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/11-9.1
  from Ch. 38, par. 11-9.1







    Amends the Criminal Code of 1961.  Provides that a person also commits sexual exploitation of a child if he or she in the presence or virtual presence, or both, of a child engages in the sexual act or exposure of his or her sex organs, anus, or breast for the purpose of
sexual arousal or gratification of one whom he or she believes to be a child if the person has the intent or knowledge that one whom he or she believes to be a child would view his or her
acts. Defines "virtual presence".
















LRB096 18206 RLC 33581 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5321

LRB096 18206 RLC 33581 b






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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 1961 is amended  by changing 
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Section 11-9.1 as follows:
 



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    (720 ILCS 5/11-9.1)  (from Ch. 38, par. 11-9.1)



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    Sec. 11-9.1. Sexual exploitation of a child. 

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    (a) Any person commits sexual exploitation of a child if in 
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the presence
or virtual presence, or both, of a child and with 
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intent or knowledge that a child or one whom he or she believes 
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to be a child would view his or her
acts, that person:


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        (1) engages in a sexual act; or


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        (2) exposes his or her sex organs, anus or breast for 
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    the purpose of
sexual arousal or gratification of such 
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    person or the child or one whom he or she believes to be a 
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    child.

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    (a-5) A person commits sexual exploitation of a child who 
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knowingly
entices, coerces, or persuades a child to remove the 
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child's clothing for the
purpose of sexual arousal or 
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gratification of the person or the child, or
both.

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    (b) Definitions.  As used in this Section:

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    "Sexual act" means masturbation, sexual conduct or sexual 
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penetration
as defined in Section 12-12 of this Code.

 


 






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    "Sex offense" means any violation
of
Article 11 of this 
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Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15,

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12-16, or 12-16.2 of this Code.

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    "Child" means a person under 17 years of age.

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    "Virtual presence" means an environment that is created 
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with software and presented to the user and or receiver via the 
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Internet, in such a way that the user appears in front of the 
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receiver on the computer monitor or screen or hand held 
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portable electronic device, usually through a web camming 
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program.  "Virtual presence" includes primarily experiencing 
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through sight or sound, or both, a video image that can be 
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explored interactively at a personal computer or hand held 
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communication device, or both.
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    "Webcam" means a  video capturing device connected to a 
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computer or computer network that is  designed to take digital 
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photographs or live or recorded video which allows for the live 
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transmission to an end user over the Internet. 
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    (c) Sentence.


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        (1) Sexual exploitation of a child is a Class A 
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    misdemeanor.  A second
or subsequent violation of this 
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    Section or a substantially similar law of another state is 
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    a Class 4 felony.


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        (2) Sexual exploitation of a child is a Class 4 felony 
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    if the person has
been previously convicted of a sex 
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    offense.
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        (3) Sexual exploitation of a child is a Class 4 felony 
 


 






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    if the victim was under 13 years of age at the time of the 
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    commission of the offense.


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(Source: P.A. 94-140, eff. 7-7-05.)