Illinois General Assembly - Full Text of HB5321
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Full Text of HB5321  96th General Assembly

HB5321enr 96TH GENERAL ASSEMBLY



 


 
HB5321 Enrolled LRB096 18206 RLC 33581 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 11-9.1 as follows:
 
6     (720 ILCS 5/11-9.1)  (from Ch. 38, par. 11-9.1)
7     Sec. 11-9.1. Sexual exploitation of a child.
8     (a) Any person commits sexual exploitation of a child if in
9 the presence or virtual presence, or both, of a child and with
10 intent or knowledge that a child or one whom he or she believes
11 to be a child would view his or her acts, that person:
12         (1) engages in a sexual act; or
13         (2) exposes his or her sex organs, anus or breast for
14     the purpose of sexual arousal or gratification of such
15     person or the child or one whom he or she believes to be a
16     child.
17     (a-5) A person commits sexual exploitation of a child who
18 knowingly entices, coerces, or persuades a child to remove the
19 child's clothing for the purpose of sexual arousal or
20 gratification of the person or the child, or both.
21     (b) Definitions. As used in this Section:
22     "Sexual act" means masturbation, sexual conduct or sexual
23 penetration as defined in Section 12-12 of this Code.

 

 

HB5321 Enrolled - 2 - LRB096 18206 RLC 33581 b

1     "Sex offense" means any violation of Article 11 of this
2 Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15,
3 12-16, or 12-16.2 of this Code.
4     "Child" means a person under 17 years of age.
5     "Virtual presence" means an environment that is created
6 with software and presented to the user and or receiver via the
7 Internet, in such a way that the user appears in front of the
8 receiver on the computer monitor or screen or hand held
9 portable electronic device, usually through a web camming
10 program. "Virtual presence" includes primarily experiencing
11 through sight or sound, or both, a video image that can be
12 explored interactively at a personal computer or hand held
13 communication device, or both.
14     "Webcam" means a video capturing device connected to a
15 computer or computer network that is designed to take digital
16 photographs or live or recorded video which allows for the live
17 transmission to an end user over the Internet.
18     (c) Sentence.
19         (1) Sexual exploitation of a child is a Class A
20     misdemeanor. A second or subsequent violation of this
21     Section or a substantially similar law of another state is
22     a Class 4 felony.
23         (2) Sexual exploitation of a child is a Class 4 felony
24     if the person has been previously convicted of a sex
25     offense.
26         (3) Sexual exploitation of a child is a Class 4 felony

 

 

HB5321 Enrolled - 3 - LRB096 18206 RLC 33581 b

1     if the victim was under 13 years of age at the time of the
2     commission of the offense.
3 (Source: P.A. 94-140, eff. 7-7-05.)