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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CRIMINAL OFFENSES
(720 ILCS 5/) Criminal Code of 2012.

720 ILCS 5/10-6

    (720 ILCS 5/10-6) (from Ch. 38, par. 10-6)
    Sec. 10-6. Harboring a runaway.
    (a) Any person, other than an agency or association providing crisis intervention services as defined in Section 3-5 of the Juvenile Court Act of 1987, or an operator of a youth emergency shelter as defined in Section 2.21 of the Child Care Act of 1969, who, without the knowledge and consent of the minor's parent or guardian, knowingly gives shelter to a minor, other than a mature minor who has been emancipated under the Emancipation of Minors Act, for more than 48 hours without the consent of the minor's parent or guardian, and without notifying the local law enforcement authorities of the minor's name and the fact that the minor is being provided shelter commits the offense of harboring a runaway.
    (b) Any person who commits the offense of harboring a runaway is guilty of a Class A misdemeanor.
(Source: P.A. 95-331, eff. 8-21-07.)

720 ILCS 5/10-7

    (720 ILCS 5/10-7) (from Ch. 38, par. 10-7)
    Sec. 10-7. Aiding or abetting child abduction.
    (a) A person violates this Section when, before or during the commission of a child abduction as defined in Section 10-5 and with the intent to promote or facilitate such offense, he or she intentionally aids or abets another in the planning or commission of child abduction, unless before the commission of the offense he or she makes proper effort to prevent the commission of the offense.
    (b) Sentence. A person who violates this Section commits a Class 4 felony.
(Source: P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/10-8

    (720 ILCS 5/10-8) (from Ch. 38, par. 10-8)
    Sec. 10-8. Unlawful sale of a public conveyance travel ticket to a minor.
    (a) A person commits the offense of unlawful sale of a public conveyance travel ticket to a minor when the person sells a ticket for travel on any public conveyance to an unemancipated minor under 17 years of age without the consent of the minor's parents or guardian for passage to a destination outside this state and knows the minor's age or fails to take reasonable measures to ascertain the minor's age.
    (b) Evidence. The fact that the defendant demanded, was shown, and reasonably relied upon written evidence of a person's age in any transaction forbidden by this Section is competent evidence, and may be considered in any criminal prosecution for a violation of this Section.
    (c) Definition. "Public Conveyance", includes an airplane, boat, bus, railroad, train, taxicab or other vehicle used for the transportation of passengers for hire.
    (d) Sentence. Unlawful sale of a public conveyance travel ticket to a minor is a Class C misdemeanor.
(Source: P.A. 86-336.)

720 ILCS 5/10-8.1

    (720 ILCS 5/10-8.1)
    Sec. 10-8.1. Unlawful sending of a public conveyance travel ticket to a minor.
    (a) In this Section, "public conveyance" has the meaning ascribed to it in Section 10-8 of this Code.
    (b) A person commits the offense of unlawful sending of a public conveyance travel ticket to a minor when the person without the consent of the minor's parent or guardian:
        (1) knowingly sends, causes to be sent, or purchases
    
a public conveyance travel ticket to any location for a person known by the offender to be an unemancipated minor under 17 years of age or a person he or she believes to be a minor under 17 years of age, other than for a lawful purpose under Illinois law; or
        (2) knowingly arranges for travel to any location on
    
any public conveyance for a person known by the offender to be an unemancipated minor under 17 years of age or a person he or she believes to be a minor under 17 years of age, other than for a lawful purpose under Illinois law.
    (b-5) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.
    (c) Sentence. Unlawful sending of a public conveyance travel ticket to a minor is a Class A misdemeanor. A person who commits unlawful sending of a public conveyance travel ticket to a minor who believes that he or she is at least 5 years older than the minor is guilty of a Class 4 felony.
(Source: P.A. 95-983, eff. 6-1-09.)

720 ILCS 5/10-9

    (720 ILCS 5/10-9)
    Sec. 10-9. Trafficking in persons, involuntary servitude, and related offenses.
    (a) Definitions. In this Section:
        (1) "Intimidation" has the meaning prescribed in
    
Section 12-6.
        (2) "Commercial sexual activity" means any sex act on
    
account of which anything of value is given, promised to, or received by any person.
        (3) "Financial harm" includes intimidation that
    
brings about financial loss, criminal usury, or employment contracts that violate the Frauds Act.
        (4) (Blank).
        (5) "Labor" means work of economic or financial value.
        (6) "Maintain" means, in relation to labor or
    
services, to secure continued performance thereof, regardless of any initial agreement on the part of the victim to perform that type of service.
        (7) "Obtain" means, in relation to labor or services,
    
to secure performance thereof.
        (7.5) "Serious harm" means any harm, whether physical
    
or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm.
        (8) "Services" means activities resulting from a
    
relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor. Commercial sexual activity and sexually-explicit performances are forms of activities that are "services" under this Section. Nothing in this definition may be construed to legitimize or legalize prostitution.
        (9) "Sexually-explicit performance" means a live,
    
recorded, broadcast (including over the Internet), or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons.
        (10) "Trafficking victim" means a person subjected to
    
the practices set forth in subsection (b), (c), or (d).
    (b) Involuntary servitude. A person commits involuntary servitude when he or she knowingly subjects, attempts to subject, or engages in a conspiracy to subject another person to labor or services obtained or maintained through any of the following means, or any combination of these means:
        (1) causes or threatens to cause physical harm to any
    
person;
        (2) physically restrains or threatens to physically
    
restrain another person;
        (3) abuses or threatens to abuse the law or legal
    
process;
        (4) knowingly destroys, conceals, removes,
    
confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person;
        (5) uses intimidation, or exerts financial control
    
over any person; or
        (6) uses any scheme, plan, or pattern intended to
    
cause the person to believe that, if the person did not perform the labor or services, that person or another person would suffer serious harm or physical restraint.
    Sentence. Except as otherwise provided in subsection (e) or (f), a violation of subsection (b)(1) is a Class X felony, (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
    (c) Involuntary sexual servitude of a minor. A person commits involuntary sexual servitude of a minor when he or she knowingly recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, provide, or obtain by any means, another person under 18 years of age, knowing that the minor will engage in commercial sexual activity, a sexually-explicit performance, or the production of pornography, or causes or attempts to cause a minor to engage in one or more of those activities and:
        (1) there is no overt force or threat and the minor
    
is between the ages of 17 and 18 years;
        (2) there is no overt force or threat and the minor
    
is under the age of 17 years; or
        (3) there is overt force or threat.
    Sentence. Except as otherwise provided in subsection (e) or (f), a violation of subsection (c)(1) is a Class 1 felony, (c)(2) is a Class X felony, and (c)(3) is a Class X felony.
    (d) Trafficking in persons. A person commits trafficking in persons when he or she knowingly: (1) recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, another person, intending or knowing that the person will be subjected to involuntary servitude; or (2) benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act of involuntary servitude or involuntary sexual servitude of a minor.
    Sentence. Except as otherwise provided in subsection (e) or (f), a violation of this subsection is a Class 1 felony.
    (e) Aggravating factors. A violation of this Section involving kidnapping or an attempt to kidnap, aggravated criminal sexual assault or an attempt to commit aggravated criminal sexual assault, or an attempt to commit first degree murder is a Class X felony.
    (f) Sentencing considerations.
        (1) Bodily injury. If, pursuant to a violation of
    
this Section, a victim suffered bodily injury, the defendant may be sentenced to an extended-term sentence under Section 5-8-2 of the Unified Code of Corrections. The sentencing court must take into account the time in which the victim was held in servitude, with increased penalties for cases in which the victim was held for between 180 days and one year, and increased penalties for cases in which the victim was held for more than one year.
        (2) Number of victims. In determining sentences
    
within statutory maximums, the sentencing court should take into account the number of victims, and may provide for substantially increased sentences in cases involving more than 10 victims.
    (g) Restitution. Restitution is mandatory under this Section. In addition to any other amount of loss identified, the court shall order restitution including the greater of (1) the gross income or value to the defendant of the victim's labor or services or (2) the value of the victim's labor as guaranteed under the Minimum Wage Law and overtime provisions of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, whichever is greater.
    (g-5) Fine distribution. If the court imposes a fine under subsection (b), (c), or (d) of this Section, it shall be collected and distributed to the Specialized Services for Survivors of Human Trafficking Fund in accordance with Section 5-9-1.21 of the Unified Code of Corrections.
    (h) Trafficking victim services. Subject to the availability of funds, the Department of Human Services may provide or fund emergency services and assistance to individuals who are victims of one or more offenses defined in this Section.
    (i) Certification. The Attorney General, a State's Attorney, or any law enforcement official shall certify in writing to the United States Department of Justice or other federal agency, such as the United States Department of Homeland Security, that an investigation or prosecution under this Section has begun and the individual who is a likely victim of a crime described in this Section is willing to cooperate or is cooperating with the investigation to enable the individual, if eligible under federal law, to qualify for an appropriate special immigrant visa and to access available federal benefits. Cooperation with law enforcement shall not be required of victims of a crime described in this Section who are under 18 years of age. This certification shall be made available to the victim and his or her designated legal representative.
    (j) A person who commits involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons under subsection (b), (c), or (d) of this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14; 98-1013, eff. 1-1-15.)

720 ILCS 5/10-10

    (720 ILCS 5/10-10)
    Sec. 10-10. Failure to report the death or disappearance of a child under 13 years of age.
    (a) A parent, legal guardian, or caretaker of a child under 13 years of age commits failure to report the death or disappearance of a child under 13 years of age when he or she knows or should know and fails to report the child as missing or deceased to a law enforcement agency within 24 hours if the parent, legal guardian, or caretaker reasonably believes that the child is missing or deceased. In the case of a child under the age of 2 years, the reporting requirement is reduced to no more than one hour.
    (b) A parent, legal guardian, or caretaker of a child under 13 years of age must report the death of the child to the law enforcement agency of the county where the child's corpse was found if the parent, legal guardian, or caretaker reasonably believes that the death of the child was caused by a homicide, accident, or other suspicious circumstance.
    (c) The Department of Children and Family Services Guardianship Administrator shall not personally be subject to the reporting requirements in subsection (a) or (b) of this Section.
    (d) A parent, legal guardian, or caretaker does not commit the offense of failure to report the death or disappearance of a child under 13 years of age when:
        (1) the failure to report is due to an act of God,
    
act of war, or inability of a law enforcement agency to receive a report of the disappearance of a child;
        (2) the parent, legal guardian, or caretaker calls
    
911 to report the disappearance of the child;
        (3) the parent, legal guardian, or caretaker knows
    
that the child is under the care of another parent, family member, relative, friend, or baby sitter; or
        (4) the parent, legal guardian, or caretaker is
    
hospitalized, in a coma, or is otherwise seriously physically or mentally impaired as to prevent the person from reporting the death or disappearance.
    (e) Sentence. A violation of this Section is a Class 4 felony.
(Source: P.A. 97-1079, eff. 1-1-13.)

720 ILCS 5/Art. 10A

 
    (720 ILCS 5/Art. 10A heading)
ARTICLE 10A. (Repealed)
(Source: Repealed by P.A. 96-710, eff. 1-1-10.)

720 ILCS 5/Art. 11

 
    (720 ILCS 5/Art. 11 heading)
ARTICLE 11. SEX OFFENSES

720 ILCS 5/Art. 11 Subdiv. 1

 
    (720 ILCS 5/Art. 11 Subdiv. 1 heading)
SUBDIVISION 1. GENERAL DEFINITIONS
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-0.1

    (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". See Section 11-1.70.
    "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.
    "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.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 11 Subdiv. 5

 
    (720 ILCS 5/Art. 11 Subdiv. 5 heading)
SUBDIVISION 5. MAJOR SEX OFFENSES
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-1.10

    (720 ILCS 5/11-1.10) (was 720 ILCS 5/12-18)
    Sec. 11-1.10. General provisions concerning offenses described in Sections 11-1.20 through 11-1.60.
    (a) No person accused of violating Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code shall be presumed to be incapable of committing an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code because of age, physical condition or relationship to the victim. Nothing in this Section shall be construed to modify or abrogate the affirmative defense of infancy under Section 6-1 of this Code or the provisions of Section 5-805 of the Juvenile Court Act of 1987.
    (b) Any medical examination or procedure which is conducted by a physician, nurse, medical or hospital personnel, parent, or caretaker for purposes and in a manner consistent with reasonable medical standards is not an offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
    (c) (Blank).
    (d) (Blank).
    (e) The prosecuting State's Attorney shall seek an order from the court to compel the accused to be tested for any sexually transmissible disease, including a test for infection with human immunodeficiency virus (HIV), within 48 hours:
        (1) after a finding at a preliminary hearing that
    
there is probable cause to believe that an accused has committed a violation of Section 11-1.20, 11-1.30, or 11-1.40 of this Code, or
        (2) after an indictment is returned charging an
    
accused with a violation of Section 11-1.20, 11-1.30, or 11-1.40 of this Code, or
        (3) after a finding that a defendant charged with a
    
violation of Section 11-1.20, 11-1.30, or 11-1.40 of this Code is unfit to stand trial pursuant to Section 104-16 of the Code of Criminal Procedure of 1963 where the finding is made prior to the preliminary hearing, or
        (4) after the request of the victim of the violation
    
of Section 11-1.20, 11-1.30, or 11-1.40.
The medical tests shall be performed only by appropriately licensed medical practitioners. The testing shall consist of a test approved by the Illinois Department of Public Health to determine the presence of HIV infection, based upon recommendations of the United States Centers for Disease Control and Prevention; in the event of a positive result, a reliable supplemental test based upon recommendations of the United States Centers for Disease Control and Prevention shall be administered. The results of the tests and any follow-up tests shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the victim, to the defendant, to the State's Attorney, and to the judge who entered the order, for the judge's inspection in camera. The judge shall provide to the victim a referral to the Illinois Department of Public Health HIV/AIDS toll-free hotline for counseling and information in connection with the test result. Acting in accordance with the best interests of the victim and the public, the judge shall have the discretion to determine to whom, if anyone, the result of the testing may be revealed; however, in no case shall the identity of the victim be disclosed. The court shall order that the cost of the tests shall be paid by the county, and shall be taxed as costs against the accused if convicted.
    (f) Whenever any law enforcement officer has reasonable cause to believe that a person has been delivered a controlled substance without his or her consent, the law enforcement officer shall advise the victim about seeking medical treatment and preserving evidence.
    (g) Every hospital providing emergency hospital services to an alleged sexual assault survivor, when there is reasonable cause to believe that a person has been delivered a controlled substance without his or her consent, shall designate personnel to provide:
        (1) An explanation to the victim about the nature and
    
effects of commonly used controlled substances and how such controlled substances are administered.
        (2) An offer to the victim of testing for the
    
presence of such controlled substances.
        (3) A disclosure to the victim that all controlled
    
substances or alcohol ingested by the victim will be disclosed by the test.
        (4) A statement that the test is completely voluntary.
        (5) A form for written authorization for sample
    
analysis of all controlled substances and alcohol ingested by the victim.
    A physician licensed to practice medicine in all its branches may agree to be a designated person under this subsection.
    No sample analysis may be performed unless the victim returns a signed written authorization within 30 days after the sample was collected.
    Any medical treatment or care under this subsection shall be only in accordance with the order of a physician licensed to practice medicine in all of its branches. Any testing under this subsection shall be only in accordance with the order of a licensed individual authorized to order the testing.
(Source: P.A. 97-1109, eff. 1-1-13; 98-761, eff. 7-16-14.)

720 ILCS 5/11-1.20

    (720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)
    Sec. 11-1.20. Criminal sexual assault.
    (a) A person commits criminal sexual assault if that person commits an act of sexual penetration and:
        (1) uses force or threat of force;
        (2) knows that the victim is unable to understand the
    
nature of the act or is unable to give knowing consent;
        (3) is a family member of the victim, and the victim
    
is under 18 years of age; or
        (4) is 17 years of age or over and holds a position
    
of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age.
    (b) Sentence.
        (1) Criminal sexual assault is a Class 1 felony,
    
except that:
            (A) A person who is convicted of the offense of
        
criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of criminal sexual assault or the offense of exploitation of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault or to the offense of exploitation of a child, commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 30 years and not more than 60 years, except that if the person is under the age of 18 years at the time of the offense, he or she shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (A) to apply.
            (B) A person who has attained the age of 18 years
        
at the time of the commission of the offense and who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (B) to apply. An offender under the age of 18 years at the time of the commission of the offense covered by this subparagraph (B) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
            (C) A second or subsequent conviction for a
        
violation of paragraph (a)(3) or (a)(4) or under any similar statute of this State or any other state for any offense involving criminal sexual assault that is substantially equivalent to or more serious than the sexual assault prohibited under paragraph (a)(3) or (a)(4) is a Class X felony.
(Source: P.A. 99-69, eff. 1-1-16.)

720 ILCS 5/11-1.30

    (720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
    Sec. 11-1.30. Aggravated Criminal Sexual Assault.
    (a) A person commits aggravated criminal sexual assault if that person commits criminal sexual assault and any of the following aggravating circumstances exist during the commission of the offense or, for purposes of paragraph (7), occur as part of the same course of conduct as the commission of the offense:
        (1) the person displays, threatens to use, or uses a
    
dangerous weapon, other than a firearm, or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;
        (2) the person causes bodily harm to the victim,
    
except as provided in paragraph (10);
        (3) the person acts in a manner that threatens or
    
endangers the life of the victim or any other person;
        (4) the person commits the criminal sexual assault
    
during the course of committing or attempting to commit any other felony;
        (5) the victim is 60 years of age or older;
        (6) the victim is a person with a physical disability;
        (7) the person delivers (by injection, inhalation,
    
ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception for other than medical purposes;
        (8) the person is armed with a firearm;
        (9) the person personally discharges a firearm during
    
the commission of the offense; or
        (10) the person personally discharges a firearm
    
during the commission of the offense, and that discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
    (b) A person commits aggravated criminal sexual assault if that person is under 17 years of age and: (i) commits an act of sexual penetration with a victim who is under 9 years of age; or (ii) commits an act of sexual penetration with a victim who is at least 9 years of age but under 13 years of age and the person uses force or threat of force to commit the act.
    (c) A person commits aggravated criminal sexual assault if that person commits an act of sexual penetration with a victim who is a person with a severe or profound intellectual disability.
    (d) Sentence.
        (1) Aggravated criminal sexual assault in violation
    
of paragraph (2), (3), (4), (5), (6), or (7) of subsection (a) or in violation of subsection (b) or (c) is a Class X felony. A violation of subsection (a)(1) is a Class X felony for which 10 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(8) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(9) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(10) is a Class X felony for which 25 years or up to a term of natural life imprisonment shall be added to the term of imprisonment imposed by the court. An offender under the age of 18 years at the time of the commission of aggravated criminal sexual assault in violation of paragraphs (1) through (10) of subsection (a) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
        (2) A person who has attained the age of 18 years at
    
the time of the commission of the offense and who is convicted of a second or subsequent offense of aggravated criminal sexual assault, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted of the offense of criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted under the laws of this or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault, the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply. An offender under the age of 18 years at the time of the commission of the offense covered by this paragraph (2) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)

720 ILCS 5/11-1.40

    (720 ILCS 5/11-1.40) (was 720 ILCS 5/12-14.1)
    Sec. 11-1.40. Predatory criminal sexual assault of a child.
    (a) A person commits predatory criminal sexual assault of a child if that person is 17 years of age or older, and commits an act of contact, however slight, between the sex organ or anus of one person and the part of the body of another for the purpose of sexual gratification or arousal of the victim or the accused, or an act of sexual penetration, and:
        (1) the victim is under 13 years of age; or
        (2) the victim is under 13 years of age and that
    
person:
            (A) is armed with a firearm;
            (B) personally discharges a firearm during the
        
commission of the offense;
            (C) causes great bodily harm to the victim that:
                (i) results in permanent disability; or
                (ii) is life threatening; or
            (D) delivers (by injection, inhalation,
        
ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception, for other than medical purposes.
    (b) Sentence.
        (1) A person convicted of a violation of subsection
    
(a)(1) commits a Class X felony, for which the person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years. A person convicted of a violation of subsection (a)(2)(A) commits a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A person convicted of a violation of subsection (a)(2)(B) commits a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A person who has attained the age of 18 years at the time of the commission of the offense and who is convicted of a violation of subsection (a)(2)(C) commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 50 years or up to a term of natural life imprisonment. An offender under the age of 18 years at the time of the commission of predatory criminal sexual assault of a child in violation of subsections (a)(1), (a)(2)(A), (a)(2)(B), and (a)(2)(C) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
        (1.1) A person convicted of a violation of subsection
    
(a)(2)(D) commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 50 years and not more than 60 years. An offender under the age of 18 years at the time of the commission of predatory criminal sexual assault of a child in violation of subsection (a)(2)(D) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
        (1.2) A person who has attained the age of 18 years
    
at the time of the commission of the offense and convicted of predatory criminal sexual assault of a child committed against 2 or more persons regardless of whether the offenses occurred as the result of the same act or of several related or unrelated acts shall be sentenced to a term of natural life imprisonment and an offender under the age of 18 years at the time of the commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
        (2) A person who has attained the age of 18 years at
    
the time of the commission of the offense and who is convicted of a second or subsequent offense of predatory criminal sexual assault of a child, or who is convicted of the offense of predatory criminal sexual assault of a child after having previously been convicted of the offense of criminal sexual assault or the offense of aggravated criminal sexual assault, or who is convicted of the offense of predatory criminal sexual assault of a child after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of predatory criminal sexual assault of a child, the offense of aggravated criminal sexual assault or the offense of criminal sexual assault, shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply. An offender under the age of 18 years at the time of the commission of the offense covered by this paragraph (2) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14; 98-903, eff. 8-15-14; 99-69, eff. 1-1-16.)

720 ILCS 5/11-1.50

    (720 ILCS 5/11-1.50) (was 720 ILCS 5/12-15)
    Sec. 11-1.50. Criminal sexual abuse.
    (a) A person commits criminal sexual abuse if that person:
        (1) commits an act of sexual conduct by the use of
    
force or threat of force; or
        (2) commits an act of sexual conduct and knows that
    
the victim is unable to understand the nature of the act or is unable to give knowing consent.
    (b) A person commits criminal sexual abuse if that person is under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who is at least 9 years of age but under 17 years of age.
    (c) A person commits criminal sexual abuse if that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is less than 5 years older than the victim.
    (d) Sentence. Criminal sexual abuse for a violation of subsection (b) or (c) of this Section is a Class A misdemeanor. Criminal sexual abuse for a violation of paragraph (1) or (2) of subsection (a) of this Section is a Class 4 felony. A second or subsequent conviction for a violation of subsection (a) of this Section is a Class 2 felony. For purposes of this Section it is a second or subsequent conviction if the accused has at any time been convicted under this Section or under any similar statute of this State or any other state for any offense involving sexual abuse or sexual assault that is substantially equivalent to or more serious than the sexual abuse prohibited under this Section.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-1.60

    (720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
    Sec. 11-1.60. Aggravated criminal sexual abuse.
    (a) A person commits aggravated criminal sexual abuse if that person commits criminal sexual abuse and any of the following aggravating circumstances exist (i) during the commission of the offense or (ii) for purposes of paragraph (7), as part of the same course of conduct as the commission of the offense:
        (1) the person displays, threatens to use, or uses a
    
dangerous weapon or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;
        (2) the person causes bodily harm to the victim;
        (3) the victim is 60 years of age or older;
        (4) the victim is a person with a physical disability;
        (5) the person acts in a manner that threatens or
    
endangers the life of the victim or any other person;
        (6) the person commits the criminal sexual abuse
    
during the course of committing or attempting to commit any other felony; or
        (7) the person delivers (by injection, inhalation,
    
ingestion, transfer of possession, or any other means) any controlled substance to the victim for other than medical purposes without the victim's consent or by threat or deception.
    (b) A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is under 18 years of age and the person is a family member.
    (c) A person commits aggravated criminal sexual abuse if:
        (1) that person is 17 years of age or over and: (i)
    
commits an act of sexual conduct with a victim who is under 13 years of age; or (ii) commits an act of sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person uses force or threat of force to commit the act; or
        (2) that person is under 17 years of age and: (i)
    
commits an act of sexual conduct with a victim who is under 9 years of age; or (ii) commits an act of sexual conduct with a victim who is at least 9 years of age but under 17 years of age and the person uses force or threat of force to commit the act.
    (d) A person commits aggravated criminal sexual abuse if that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is at least 5 years older than the victim.
    (e) A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is a person with a severe or profound intellectual disability.
    (f) A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is at least 13 years of age but under 18 years of age and the person is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim.
    (g) Sentence. Aggravated criminal sexual abuse is a Class 2 felony.
(Source: P.A. 99-143, eff. 7-27-15.)

720 ILCS 5/11-1.70

    (720 ILCS 5/11-1.70) (was 720 ILCS 5/12-17)
    Sec. 11-1.70. Defenses with respect to offenses described in Sections 11-1.20 through 11-1.60.
    (a) It shall be a defense to any offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code where force or threat of force is an element of the offense that the victim consented. "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.
    (b) It shall be a defense under subsection (b) and subsection (c) of Section 11-1.50 and subsection (d) of Section 11-1.60 of this Code that the accused reasonably believed the person to be 17 years of age or over.
    (c) A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-1.80

    (720 ILCS 5/11-1.80) (was 720 ILCS 5/12-18.1)
    Sec. 11-1.80. Civil Liability.
    (a) If any person has been convicted of any offense defined in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of this Act, a victim of such offense has a cause of action for damages against any person or entity who, by the manufacture, production, or wholesale distribution of any obscene material which was possessed or viewed by the person convicted of the offense, proximately caused such person, through his or her reading or viewing of the obscene material, to commit the violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16. No victim may recover in any such action unless he or she proves by a preponderance of the evidence that: (1) the reading or viewing of the specific obscene material manufactured, produced, or distributed wholesale by the defendant proximately caused the person convicted of the violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 to commit such violation and (2) the defendant knew or had reason to know that the manufacture, production, or wholesale distribution of such material was likely to cause a violation of an offense substantially of the type enumerated.
    (b) The manufacturer, producer or wholesale distributor shall be liable to the victim for:
        (1) actual damages incurred by the victim, including
    
medical costs;
        (2) court costs and reasonable attorneys fees;
        (3) infliction of emotional distress;
        (4) pain and suffering; and
        (5) loss of consortium.
    (c) Every action under this Section shall be commenced within 3 years after the conviction of the defendant for a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-15 or 12-16 of this Code. However, if the victim was under the age of 18 years at the time of the conviction of the defendant for a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code, an action under this Section shall be commenced within 3 years after the victim attains the age of 18 years.
    (d) For the purposes of this Section:
        (1) "obscene" has the meaning ascribed to it in
    
subsection (b) of Section 11-20 of this Code;
        (2) "wholesale distributor" means any individual,
    
partnership, corporation, association, or other legal entity which stands between the manufacturer and the retail seller in purchases, consignments, contracts for sale or rental of the obscene material;
        (3) "producer" means any individual, partnership,
    
corporation, association, or other legal entity which finances or supervises, to any extent, the production or making of obscene material;
        (4) "manufacturer" means any individual, partnership,
    
corporation, association, or other legal entity which manufacturers, assembles or produces obscene material.
(Source: P.A. 96-1551, Article 2, Section 5, eff. 7-1-11; 96-1551, Article 2, Section 1035, eff. 7-1-11; 97-1109, eff. 1-1-13.)

720 ILCS 5/11-6

    (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 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 11-0.1 of this Code.
    (a-5) A person of the age of 17 years and upwards commits indecent solicitation of a child if the person knowingly discusses an act of sexual conduct or sexual penetration with a child or with one whom he or she believes to be a child by means of the Internet with the intent that the offense of aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed.
    (a-6) It is not a defense to subsection (a-5) that the person did not solicit the child to perform sexual conduct or sexual penetration with the person.
    (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.
        "Internet" has the meaning set forth in Section
    
16-0.1 of this Code.
        "Sexual penetration" or "sexual conduct" are defined
    
in Section 11-0.1 of this Code.
    (c) Sentence. Indecent solicitation of a child under subsection (a) 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.
    Indecent solicitation of a child under subsection (a-5) is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

720 ILCS 5/11-6.5

    (720 ILCS 5/11-6.5)
    Sec. 11-6.5. Indecent solicitation of an adult.
    (a) A person commits indecent solicitation of an adult if the person knowingly:
        (1) Arranges for a person 17 years of age or over to
    
commit an act of sexual penetration as defined in Section 11-0.1 with a person:
            (i) Under the age of 13 years; or
            (ii) Thirteen years of age or over but under the
        
age of 17 years; or
        (2) Arranges for a person 17 years of age or over to
    
commit an act of sexual conduct as defined in Section 11-0.1 with a person:
            (i) Under the age of 13 years; or
            (ii) Thirteen years of age or older but under the
        
age of 17 years.
    (b) Sentence.
        (1) Violation of paragraph (a)(1)(i) is a Class X
    
felony.
        (2) Violation of paragraph (a)(1)(ii) is a Class 1
    
felony.
        (3) Violation of paragraph (a)(2)(i) is a Class 2
    
felony.
        (4) Violation of paragraph (a)(2)(ii) is a Class A
    
misdemeanor.
    (c) For the purposes of this Section, "arranges" 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 17-0.5 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

720 ILCS 5/11-6.6

    (720 ILCS 5/11-6.6)
    Sec. 11-6.6. Solicitation to meet a child.
    (a) A person of the age of 18 or more years commits the offense of solicitation to meet a child if the person while using a computer, cellular telephone, or any other device, with the intent to meet a child or one whom he or she believes to be a child, solicits, entices, induces, or arranges with the child to meet at a location without the knowledge of the child's parent or guardian and the meeting with the child is arranged for a purpose other than a lawful purpose under Illinois law.
    (b) Sentence. Solicitation to meet a child is a Class A misdemeanor. Solicitation to meet a child is a Class 4 felony when the solicitor believes he or she is 5 or more years older than the child.
    (c) For purposes of this Section, "child" means any person under 17 years of age; and "computer" has the meaning ascribed to it in Section 16D-2 of this Code.
(Source: P.A. 95-983, eff. 6-1-09.)

720 ILCS 5/11-7

    (720 ILCS 5/11-7) (from Ch. 38, par. 11-7)
    (This Section was renumbered as Section 11-35 by P.A. 96-1551.)
    Sec. 11-7. (Renumbered).
(Source: P.A. 86-490. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-8

    (720 ILCS 5/11-8) (from Ch. 38, par. 11-8)
    (This Section was renumbered as Section 11-40 by P.A. 96-1551.)
    Sec. 11-8. (Renumbered).
(Source: P.A. 86-490. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-9

    (720 ILCS 5/11-9) (from Ch. 38, par. 11-9)
    (This Section was renumbered as Section 11-30 by P.A. 96-1551.)
    Sec. 11-9. (Renumbered).
(Source: P.A. 96-1098, eff. 1-1-11. Renumbered by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/Art. 11 Subdiv. 10

 
    (720 ILCS 5/Art. 11 Subdiv. 10 heading)
SUBDIVISION 10. VULNERABLE VICTIM OFFENSES
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-9.1

    (720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
    Sec. 11-9.1. Sexual exploitation of a child.
    (a) A person commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person:
        (1) engages in a sexual act; or
        (2) exposes his or her sex organs, anus or breast for
    
the purpose of sexual arousal or gratification of such person or the child or one whom he or she believes to be a child.
    (a-5) A person commits sexual exploitation of a child who knowingly entices, coerces, or persuades a child to remove the child's clothing for the purpose of sexual arousal or gratification of the person or the child, or both.
    (b) Definitions. As used in this Section:
    "Sexual act" means masturbation, sexual conduct or sexual penetration as defined in Section 11-0.1 of this Code.
    "Sex offense" means any violation of Article 11 of this Code or Section 12-5.01 of this Code.
    "Child" means a person under 17 years of age.
    "Virtual presence" means an environment that is created with software and presented to the user and or receiver via the Internet, in such a way that the user appears in front of the receiver on the computer monitor or screen or hand-held portable electronic device, usually through a web camming program. "Virtual presence" includes primarily experiencing through sight or sound, or both, a video image that can be explored interactively at a personal computer or hand-held communication device, or both.
    "Webcam" means a video capturing device connected to a computer or computer network that is designed to take digital photographs or live or recorded video which allows for the live transmission to an end user over the Internet.
    (c) Sentence.
        (1) Sexual exploitation of a child is a Class A
    
misdemeanor. A second or subsequent violation of this Section or a substantially similar law of another state is a Class 4 felony.
        (2) Sexual exploitation of a child is a Class 4
    
felony if the person has been previously convicted of a sex offense.
        (3) Sexual exploitation of a child is a Class 4
    
felony if the victim was under 13 years of age at the time of the commission of the offense.
        (4) Sexual exploitation of a child is a Class 4
    
felony if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds.
(Source: P.A. 100-863, eff. 8-14-18.)

720 ILCS 5/11-9.1A

    (720 ILCS 5/11-9.1A)
    Sec. 11-9.1A. Permitting sexual abuse of a child.
    (a) A person responsible for a child's welfare commits permitting sexual abuse of a child if the person 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 this Code.
    (b) In this Section:
    "Actual knowledge" includes credible allegations made by the child.
    "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.
    "Prostitution" means prostitution as defined in Section 11-14 of this Code.
    "Sexual abuse" includes criminal sexual abuse or criminal sexual assault as defined in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
    (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.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

720 ILCS 5/11-9.1B

    (720 ILCS 5/11-9.1B)
    Sec. 11-9.1B. Failure to report sexual abuse of a child.
    (a) For the purposes of this Section:
    "Child" means any person under the age of 13.
    "Sexual abuse" means any contact, however slight, between the sex organ or anus of the victim or the accused and an object or body part, including, but not limited to, the sex organ, mouth, or anus of the victim or the accused, or any intrusion, however slight, of any part of the body of the victim or the accused or of any animal or object into the sex organ or anus of the victim or the accused, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual abuse.
    (b) A person over the age of 18 commits failure to report sexual abuse of a child when he or she personally observes sexual abuse, as defined by this Section, between a person who he or she knows is over the age of 18 and a person he or she knows is a child, and knowingly fails to report the sexual abuse to law enforcement.
    (c) This Section does not apply to a person who 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) A person may not be charged with the offense of failure to report 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, or aggravated criminal sexual abuse.
    (e) It is an affirmative defense to a charge of failure to report sexual abuse of a child under this Section that the person who personally observed the sexual abuse had a reasonable apprehension that timely action to stop the abuse 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.
    (f) Sentence. A person who commits failure to report sexual abuse of a child is guilty of a Class A misdemeanor for the first violation and a Class 4 felony for a second or subsequent violation.
    (g) Nothing in this Section shall be construed to allow prosecution of a person who personally observes the act of sexual abuse and assists with an investigation and any subsequent prosecution of the offender.
(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14.)

720 ILCS 5/11-9.2

    (720 ILCS 5/11-9.2)
    Sec. 11-9.2. Custodial sexual misconduct.
    (a) A person commits custodial sexual misconduct when: (1) he or she is an employee of a penal system and engages in sexual conduct or sexual penetration with a person who is in the custody of that penal system; (2) he or she is an employee of a treatment and detention facility and engages in sexual conduct or sexual penetration with a person who is in the custody of that treatment and detention facility; or (3) he or she is an employee of a law enforcement agency and engages in sexual conduct or sexual penetration with a person who is in the custody of a law enforcement agency or employee.
    (b) A probation or supervising officer, surveillance agent, or aftercare specialist commits custodial sexual misconduct when the probation or supervising officer, surveillance agent, or aftercare specialist engages in sexual conduct or sexual penetration with a probationer, parolee, or releasee or person serving a term of conditional release who is under the supervisory, disciplinary, or custodial authority of the officer or agent or employee so engaging in the sexual conduct or sexual penetration.
    (c) Custodial sexual misconduct is a Class 3 felony.
    (d) Any person convicted of violating this Section immediately shall forfeit his or her employment with a law enforcement agency, a penal system, treatment and detention facility, or conditional release program.
    (e) In this Section, the consent of the probationer, parolee, releasee, inmate in custody of the penal system or person detained or civilly committed under the Sexually Violent Persons Commitment Act, or person in the custody of a law enforcement agency or employee shall not be a defense to a prosecution under this Section. A person is deemed incapable of consent, for purposes of this Section, when he or she is a probationer, parolee, releasee, inmate in custody of a penal system or person detained or civilly committed under the Sexually Violent Persons Commitment Act, or a person in the custody of a law enforcement agency or employee.
    (f) This Section does not apply to:
        (1) Any employee, probation or supervising officer,
    
surveillance agent, or aftercare specialist who is lawfully married to a person in custody if the marriage occurred before the date of custody.
        (2) Any employee, probation or supervising officer,
    
surveillance agent, or aftercare specialist who has no knowledge, and would have no reason to believe, that the person with whom he or she engaged in custodial sexual misconduct was a person in custody.
    (g) In this Section:
        (0.5) "Aftercare specialist" means any person
    
employed by the Department of Juvenile Justice to supervise and facilitate services for persons placed on aftercare release.
        (1) "Custody" means:
            (i) pretrial incarceration or detention;
            (ii) incarceration or detention under a sentence
        
or commitment to a State or local penal institution;
            (iii) parole, aftercare release, or mandatory
        
supervised release;
            (iv) electronic monitoring or home detention;
            (v) probation;
            (vi) detention or civil commitment either in
        
secure care or in the community under the Sexually Violent Persons Commitment Act; or
            (vii) detained or under arrest by a law
        
enforcement agency or employee.
        (2) "Penal system" means any system which includes
    
institutions as defined in Section 2-14 of this Code or a county shelter care or detention home established under Section 1 of the County Shelter Care and Detention Home Act.
        (2.1) "Treatment and detention facility" means any
    
Department of Human Services facility established for the detention or civil commitment of persons under the Sexually Violent Persons Commitment Act.
        (2.2) "Conditional release" means a program of
    
treatment and services, vocational services, and alcohol or other drug abuse treatment provided to any person civilly committed and conditionally released to the community under the Sexually Violent Persons Commitment Act;
        (3) "Employee" means:
            (i) an employee of any governmental agency of
        
this State or any county or municipal corporation that has by statute, ordinance, or court order the responsibility for the care, control, or supervision of pretrial or sentenced persons in a penal system or persons detained or civilly committed under the Sexually Violent Persons Commitment Act;
            (ii) a contractual employee of a penal system as
        
defined in paragraph (g)(2) of this Section who works in a penal institution as defined in Section 2-14 of this Code;
            (iii) a contractual employee of a "treatment and
        
detention facility" as defined in paragraph (g)(2.1) of this Code or a contractual employee of the Department of Human Services who provides supervision of persons serving a term of conditional release as defined in paragraph (g)(2.2) of this Code; or
            (iv) an employee of a law enforcement agency.
        (3.5) "Law enforcement agency" means an agency of the
    
State or of a unit of local government charged with enforcement of State, county, or municipal laws or with managing custody of detained persons in the State, but not including a State's Attorney.
        (4) "Sexual conduct" or "sexual penetration" means
    
any act of sexual conduct or sexual penetration as defined in Section 11-0.1 of this Code.
        (5) "Probation officer" means any person employed in
    
a probation or court services department as defined in Section 9b of the Probation and Probation Officers Act.
        (6) "Supervising officer" means any person employed
    
to supervise persons placed on parole or mandatory supervised release with the duties described in Section 3-14-2 of the Unified Code of Corrections.
        (7) "Surveillance agent" means any person employed or
    
contracted to supervise persons placed on conditional release in the community under the Sexually Violent Persons Commitment Act.
(Source: P.A. 100-431, eff. 8-25-17; 100-693, eff. 8-3-18.)

720 ILCS 5/11-9.3

    (720 ILCS 5/11-9.3)
    Sec. 11-9.3. Presence within school zone by child sex offenders prohibited; approaching, contacting, residing with, or communicating with a child within certain places by child sex offenders prohibited.
    (a) It is unlawful for a child sex offender to knowingly be present in any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when persons under the age of 18 are present in the building, on the grounds or in the conveyance, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or unless the offender has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official.
    (a-5) It is unlawful for a child sex offender to knowingly be present within 100 feet of a site posted as a pick-up or discharge stop for a conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when one or more persons under the age of 18 are present at the site.
    (a-10) It is unlawful for a child sex offender to knowingly be present in any public park building, a playground or recreation area within any publicly accessible privately owned building, or on real property comprising any public park when persons under the age of 18 are present in the building or on the grounds and to approach, contact, or communicate with a child under 18 years of age, unless the offender is a parent or guardian of a person under 18 years of age present in the building or on the grounds.
    (b) It is unlawful for a child sex offender to knowingly loiter within 500 feet of a school building or real property comprising any school while persons under the age of 18 are present in the building or on the grounds, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official.
    (b-2) It is unlawful for a child sex offender to knowingly loiter on a public way within 500 feet of a public park building or real property comprising any public park while persons under the age of 18 are present in the building or on the grounds and to approach, contact, or communicate with a child under 18 years of age, unless the offender is a parent or guardian of a person under 18 years of age present in the building or on the grounds.
    (b-5) It is unlawful for a child sex offender to knowingly reside within 500 feet of a school building or the real property comprising any school that persons under the age of 18 attend. Nothing in this subsection (b-5) prohibits a child sex offender from residing within 500 feet of a school building or the real property comprising any school that persons under 18 attend if the property is owned by the child sex offender and was purchased before July 7, 2000 (the effective date of Public Act 91-911).
    (b-10) It is unlawful for a child sex offender to knowingly reside within 500 feet of a playground, child care institution, day care center, part day child care facility, day care home, group day care home, or a facility providing programs or services exclusively directed toward persons under 18 years of age. Nothing in this subsection (b-10) prohibits a child sex offender from residing within 500 feet of a playground or a facility providing programs or services exclusively directed toward persons under 18 years of age if the property is owned by the child sex offender and was purchased before July 7, 2000. Nothing in this subsection (b-10) prohibits a child sex offender from residing within 500 feet of a child care institution, day care center, or part day child care facility if the property is owned by the child sex offender and was purchased before June 26, 2006. Nothing in this subsection (b-10) prohibits a child sex offender from residing within 500 feet of a day care home or group day care home if the property is owned by the child sex offender and was purchased before August 14, 2008 (the effective date of Public Act 95-821).
    (b-15) It is unlawful for a child sex offender to knowingly reside within 500 feet of the victim of the sex offense. Nothing in this subsection (b-15) prohibits a child sex offender from residing within 500 feet of the victim if the property in which the child sex offender resides is owned by the child sex offender and was purchased before August 22, 2002.
    This subsection (b-15) does not apply if the victim of the sex offense is 21 years of age or older.
    (b-20) It is unlawful for a child sex offender to knowingly communicate, other than for a lawful purpose under Illinois law, using the Internet or any other digital media, with a person under 18 years of age or with a person whom he or she believes to be a person under 18 years of age, unless the offender is a parent or guardian of the person under 18 years of age.
    (c) It is unlawful for a child sex offender to knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at any: (i) facility providing programs or services exclusively directed toward persons under the age of 18; (ii) day care center; (iii) part day child care facility; (iv) child care institution; (v) school providing before and after school programs for children under 18 years of age; (vi) day care home; or (vii) group day care home. This does not prohibit a child sex offender from owning the real property upon which the programs or services are offered or upon which the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age is located, provided the child sex offender refrains from being present on the premises for the hours during which: (1) the programs or services are being offered or (2) the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age, day care home, or group day care home is operated.
    (c-2) It is unlawful for a child sex offender to participate in a holiday event involving children under 18 years of age, including but not limited to distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter. For the purposes of this subsection, child sex offender has the meaning as defined in this Section, but does not include as a sex offense under paragraph (2) of subsection (d) of this Section, the offense under subsection (c) of Section 11-1.50 of this Code. This subsection does not apply to a child sex offender who is a parent or guardian of children under 18 years of age that are present in the home and other non-familial minors are not present.
    (c-5) It is unlawful for a child sex offender to knowingly operate, manage, be employed by, or be associated with any county fair when persons under the age of 18 are present.
    (c-6) It is unlawful for a child sex offender who owns and resides at residential real estate to knowingly rent any residential unit within the same building in which he or she resides to a person who is the parent or guardian of a child or children under 18 years of age. This subsection shall apply only to leases or other rental arrangements entered into after January 1, 2009 (the effective date of Public Act 95-820).
    (c-7) It is unlawful for a child sex offender to knowingly offer or provide any programs or services to persons under 18 years of age in his or her residence or the residence of another or in any facility for the purpose of offering or providing such programs or services, whether such programs or services are offered or provided by contract, agreement, arrangement, or on a volunteer basis.
    (c-8) It is unlawful for a child sex offender to knowingly operate, whether authorized to do so or not, any of the following vehicles: (1) a vehicle which is specifically designed, constructed or modified and equipped to be used for the retail sale of food or beverages, including but not limited to an ice cream truck; (2) an authorized emergency vehicle; or (3) a rescue vehicle.
    (d) Definitions. In this Section:
        (1) "Child sex offender" means any person who:
            (i) has been charged under Illinois law, or any
        
substantially similar federal law or law of another state, with a sex offense set forth in paragraph (2) of this subsection (d) or the attempt to commit an included sex offense, and the victim is a person under 18 years of age at the time of the offense; and:
                (A) is convicted of such offense or an
            
attempt to commit such offense; or
                (B) is found not guilty by reason of insanity
            
of such offense or an attempt to commit such offense; or
                (C) is found not guilty by reason of insanity
            
pursuant to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense; or
                (D) is the subject of a finding not resulting
            
in an acquittal at a hearing conducted pursuant to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense; or
                (E) is found not guilty by reason of insanity
            
following a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such offense; or
                (F) is the subject of a finding not resulting
            
in an acquittal at a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged violation or attempted commission of such offense; or
            (ii) is certified as a sexually dangerous person
        
pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially similar federal law or the law of another state, when any conduct giving rise to such certification is committed or attempted against a person less than 18 years of age; or
            (iii) is subject to the provisions of Section 2
        
of the Interstate Agreements on Sexually Dangerous Persons Act.
        Convictions that result from or are connected with
    
the same act, or result from offenses committed at the same time, shall be counted for the purpose of this Section as one conviction. Any conviction set aside pursuant to law is not a conviction for purposes of this Section.
        (2) Except as otherwise provided in paragraph (2.5),
    
"sex offense" means:
            (i) A violation of any of the following Sections
        
of the Criminal Code of 1961 or the Criminal Code of 2012: 10-4 (forcible detention), 10-7 (aiding or abetting child abduction under Section 10-5(b)(10)), 10-5(b)(10) (child luring), 11-1.40 (predatory criminal sexual assault of a child), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-9.1 (sexual exploitation of a child), 11-9.2 (custodial sexual misconduct), 11-9.5 (sexual misconduct with a person with a disability), 11-11 (sexual relations within families), 11-14.3(a)(1) (promoting prostitution by advancing prostitution), 11-14.3(a)(2)(A) (promoting prostitution by profiting from prostitution by compelling a person to be a prostitute), 11-14.3(a)(2)(C) (promoting prostitution by profiting from prostitution by means other than as described in subparagraphs (A) and (B) of paragraph (2) of subsection (a) of Section 11-14.3), 11-14.4 (promoting juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-20.1 (child pornography), 11-20.1B (aggravated child pornography), 11-21 (harmful material), 11-25 (grooming), 11-26 (traveling to meet a minor or traveling to meet a child), 12-33 (ritualized abuse of a child), 11-20 (obscenity) (when that offense was committed in any school, on real property comprising any school, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or in a public park), 11-30 (public indecency) (when committed in a school, on real property comprising a school, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or in a public park). An attempt to commit any of these offenses.
            (ii) A violation of any of the following Sections
        
of the Criminal Code of 1961 or the Criminal Code of 2012, when the victim is a person under 18 years of age: 11-1.20 (criminal sexual assault), 11-1.30 (aggravated criminal sexual assault), 11-1.50 (criminal sexual abuse), 11-1.60 (aggravated criminal sexual abuse). An attempt to commit any of these offenses.
            (iii) A violation of any of the following
        
Sections of the Criminal Code of 1961 or the Criminal Code of 2012, when the victim is a person under 18 years of age and the defendant is not a parent of the victim:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint),
            11-9.1(A) (permitting sexual abuse of a child).
            An attempt to commit any of these offenses.
            (iv) A violation of any former law of this State
        
substantially equivalent to any offense listed in clause (2)(i) or (2)(ii) of subsection (d) of this Section.
        (2.5) For the purposes of subsections (b-5) and
    
(b-10) only, a sex offense means:
            (i) A violation of any of the following Sections
        
of the Criminal Code of 1961 or the Criminal Code of 2012:
             10-5(b)(10) (child luring), 10-7 (aiding or
        
abetting child abduction under Section 10-5(b)(10)), 11-1.40 (predatory criminal sexual assault of a child), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-9.2 (custodial sexual misconduct), 11-9.5 (sexual misconduct with a person with a disability), 11-11 (sexual relations within families), 11-14.3(a)(1) (promoting prostitution by advancing prostitution), 11-14.3(a)(2)(A) (promoting prostitution by profiting from prostitution by compelling a person to be a prostitute), 11-14.3(a)(2)(C) (promoting prostitution by profiting from prostitution by means other than as described in subparagraphs (A) and (B) of paragraph (2) of subsection (a) of Section 11-14.3), 11-14.4 (promoting juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-20.1 (child pornography), 11-20.1B (aggravated child pornography), 11-25 (grooming), 11-26 (traveling to meet a minor or traveling to meet a child), or 12-33 (ritualized abuse of a child). An attempt to commit any of these offenses.
            (ii) A violation of any of the following Sections
        
of the Criminal Code of 1961 or the Criminal Code of 2012, when the victim is a person under 18 years of age: 11-1.20 (criminal sexual assault), 11-1.30 (aggravated criminal sexual assault), 11-1.60 (aggravated criminal sexual abuse), and subsection (a) of Section 11-1.50 (criminal sexual abuse). An attempt to commit any of these offenses.
            (iii) A violation of any of the following
        
Sections of the Criminal Code of 1961 or the Criminal Code of 2012, when the victim is a person under 18 years of age and the defendant is not a parent of the victim:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint),
            11-9.1(A) (permitting sexual abuse of a child).
            An attempt to commit any of these offenses.
            (iv) A violation of any former law of this State
        
substantially equivalent to any offense listed in this paragraph (2.5) of this subsection.
        (3) A conviction for an offense of federal law or the
    
law of another state that is substantially equivalent to any offense listed in paragraph (2) of subsection (d) of this Section shall constitute a conviction for the purpose of this Section. A finding or adjudication as a sexually dangerous person under any federal law or law of another state that is substantially equivalent to the Sexually Dangerous Persons Act shall constitute an adjudication for the purposes of this Section.
        (4) "Authorized emergency vehicle", "rescue vehicle",
    
and "vehicle" have the meanings ascribed to them in Sections 1-105, 1-171.8 and 1-217, respectively, of the Illinois Vehicle Code.
        (5) "Child care institution" has the meaning ascribed
    
to it in Section 2.06 of the Child Care Act of 1969.
        (6) "Day care center" has the meaning ascribed to it
    
in Section 2.09 of the Child Care Act of 1969.
        (7) "Day care home" has the meaning ascribed to it in
    
Section 2.18 of the Child Care Act of 1969.
        (8) "Facility providing programs or services directed
    
towards persons under the age of 18" means any facility providing programs or services exclusively directed towards persons under the age of 18.
        (9) "Group day care home" has the meaning ascribed to
    
it in Section 2.20 of the Child Care Act of 1969.
        (10) "Internet" has the meaning set forth in Section
    
16-0.1 of this Code.
        (11) "Loiter" means:
            (i) Standing, sitting idly, whether or not the
        
person is in a vehicle, or remaining in or around school or public park property.
            (ii) Standing, sitting idly, whether or not the
        
person is in a vehicle, or remaining in or around school or public park property, for the purpose of committing or attempting to commit a sex offense.
            (iii) Entering or remaining in a building in or
        
around school property, other than the offender's residence.
        (12) "Part day child care facility" has the meaning
    
ascribed to it in Section 2.10 of the Child Care Act of 1969.
        (13) "Playground" means a piece of land owned or
    
controlled by a unit of local government that is designated by the unit of local government for use solely or primarily for children's recreation.
        (14) "Public park" includes a park, forest preserve,
    
bikeway, trail, or conservation area under the jurisdiction of the State or a unit of local government.
        (15) "School" means a public or private preschool or
    
elementary or secondary school.
        (16) "School official" means the principal, a
    
teacher, or any other certified employee of the school, the superintendent of schools or a member of the school board.
    (e) For the purposes of this Section, the 500 feet distance shall be measured from: (1) the edge of the property of the school building or the real property comprising the school that is closest to the edge of the property of the child sex offender's residence or where he or she is loitering, and (2) the edge of the property comprising the public park building or the real property comprising the public park, playground, child care institution, day care center, part day child care facility, or facility providing programs or services exclusively directed toward persons under 18 years of age, or a victim of the sex offense who is under 21 years of age, to the edge of the child sex offender's place of residence or place where he or she is loitering.
    (f) Sentence. A person who violates this Section is guilty of a Class 4 felony.
(Source: P.A. 100-428, eff. 1-1-18.)

720 ILCS 5/11-9.4

    (720 ILCS 5/11-9.4)
    Sec. 11-9.4. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-9.4-1

     (720 ILCS 5/11-9.4-1)
    Sec. 11-9.4-1. Sexual predator and child sex offender; presence or loitering in or near public parks prohibited.
    (a) For the purposes of this Section:
        "Child sex offender" has the meaning ascribed to it
    
in subsection (d) of Section 11-9.3 of this Code, but does not include as a sex offense under paragraph (2) of subsection (d) of Section 11-9.3, the offenses under subsections (b) and (c) of Section 11-1.50 or subsections (b) and (c) of Section 12-15 of this Code.
        "Public park" includes a park, forest preserve,
    
bikeway, trail, or conservation area under the jurisdiction of the State or a unit of local government.
        "Loiter" means:
            (i) Standing, sitting idly, whether or not the
        
person is in a vehicle or remaining in or around public park property.
            (ii) Standing, sitting idly, whether or not the
        
person is in a vehicle or remaining in or around public park property, for the purpose of committing or attempting to commit a sex offense.
        "Sexual predator" has the meaning ascribed to it in
    
subsection (E) of Section 2 of the Sex Offender Registration Act.
    (b) It is unlawful for a sexual predator or a child sex offender to knowingly be present in any public park building or on real property comprising any public park.
    (c) It is unlawful for a sexual predator or a child sex offender to knowingly loiter on a public way within 500 feet of a public park building or real property comprising any public park. For the purposes of this subsection (c), the 500 feet distance shall be measured from the edge of the property comprising the public park building or the real property comprising the public park.
    (d) Sentence. A person who violates this Section is guilty of a Class A misdemeanor, except that a second or subsequent violation is a Class 4 felony.
(Source: P.A. 96-1099, eff. 1-1-11; 97-698, eff. 1-1-13; 97-1109, eff. 1-1-13.)

720 ILCS 5/11-9.5

    (720 ILCS 5/11-9.5)
    Sec. 11-9.5. Sexual misconduct with a person with a disability.
    (a) Definitions. As used in this Section:
        (1) "Person with a disability" means:
            (i) a person diagnosed with a developmental
        
disability as defined in Section 1-106 of the Mental Health and Developmental Disabilities Code; or
            (ii) a person diagnosed with a mental illness as
        
defined in Section 1-129 of the Mental Health and Developmental Disabilities Code.
        (2) "State-operated facility" means:
            (i) a developmental disability facility as
        
defined in the Mental Health and Developmental Disabilities Code; or
            (ii) a mental health facility as defined in the
        
Mental Health and Developmental Disabilities Code.
        (3) "Community agency" or "agency" means any
    
community entity or program providing residential mental health or developmental disabilities services that is licensed, certified, or funded by the Department of Human Services and not licensed or certified by any other human service agency of the State such as the Departments of Public Health, Healthcare and Family Services, and Children and Family Services.
        (4) "Care and custody" means admission to a
    
State-operated facility.
        (5) "Employee" means:
            (i) any person employed by the Illinois
        
Department of Human Services;
            (ii) any person employed by a community agency
        
providing services at the direction of the owner or operator of the agency on or off site; or
            (iii) any person who is a contractual employee or
        
contractual agent of the Department of Human Services or the community agency. This includes but is not limited to payroll personnel, contractors, subcontractors, and volunteers.
        (6) "Sexual conduct" or "sexual penetration" means
    
any act of sexual conduct or sexual penetration as defined in Section 11-0.1 of this Code.
    (b) A person commits sexual misconduct with a person with a disability when:
        (1) he or she is an employee and knowingly engages in
    
sexual conduct or sexual penetration with a person with a disability who is under the care and custody of the Department of Human Services at a State-operated facility; or
        (2) he or she is an employee of a community agency
    
funded by the Department of Human Services and knowingly engages in sexual conduct or sexual penetration with a person with a disability who is in a residential program operated or supervised by a community agency.
    (c) For purposes of this Section, the consent of a person with a disability in custody of the Department of Human Services residing at a State-operated facility or receiving services from a community agency shall not be a defense to a prosecution under this Section. A person is deemed incapable of consent, for purposes of this Section, when he or she is a person with a disability and is receiving services at a State-operated facility or is a person with a disability who is in a residential program operated or supervised by a community agency.
    (d) This Section does not apply to:
        (1) any State employee or any community agency
    
employee who is lawfully married to a person with a disability in custody of the Department of Human Services or receiving services from a community agency if the marriage occurred before the date of custody or the initiation of services at a community agency; or
        (2) any State employee or community agency employee
    
who has no knowledge, and would have no reason to believe, that the person with whom he or she engaged in sexual misconduct was a person with a disability in custody of the Department of Human Services or was receiving services from a community agency.
    (e) Sentence. Sexual misconduct with a person with a disability is a Class 3 felony.
    (f) Any person convicted of violating this Section shall immediately forfeit his or her employment with the State or the community agency.
(Source: P.A. 96-1551, eff. 7-1-11.)

720 ILCS 5/11-11

    (720 ILCS 5/11-11) (from Ch. 38, par. 11-11)
    Sec. 11-11. Sexual Relations Within Families.
    (a) A person commits sexual relations within families if he or she:
        (1) Commits an act of sexual penetration as defined
    
in Section 11-0.1 of this Code; and
        (2) The person knows that he or she is related to the
    
other person as follows: (i) Brother or sister, either of the whole blood or the half blood; or (ii) Father or mother, when the child, regardless of legitimacy and regardless of whether the child was of the whole blood or half-blood or was adopted, was 18 years of age or over when the act was committed; or (iii) Stepfather or stepmother, when the stepchild was 18 years of age or over when the act was committed; or (iv) Aunt or uncle, when the niece or nephew was 18 years of age or over when the act was committed; or (v) Great-aunt or great-uncle, when the grand-niece or grand-nephew was 18 years of age or over when the act was committed; or (vi) Grandparent or step-grandparent, when the grandchild or step-grandchild was 18 years of age or over when the act was committed.
    (b) Sentence. Sexual relations within families is a Class 3 felony.
(Source: P.A. 96-233, eff. 1-1-10; 96-1551, eff. 7-1-11.)