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90_HB3657
720 ILCS 5/11-6 from Ch. 38, par. 11-6
Amends the Criminal Code of 1961. Provides that indecent
solicitation of a child is committed when a person of the age
of 17 years and upwards solicits a child under the age of 13
or a person who the accused believes is a child under the age
of 13 (now a child under the age of 13) to do certain acts or
solicits a person to arrange certain acts with a child under
the age of 13 or a person who the accused believes is a child
under the age of 13 (now a child under the age of 13).
Provides that "solicits" includes communication by the
Internet.
LRB9010818MWpc
LRB9010818MWpc
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 11-6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 11-6 as follows:
7 (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
8 Sec. 11-6. Indecent solicitation of a child.
9 (a) A person of the age of 17 years and upwards who
10 solicits a child under the age of 13 or a person believed by
11 the accused to be a child under the age of 13 to do any act,
12 or solicits a person to arrange an act with a child under the
13 age of 13 or a person believed by the accused to be a child
14 under the age of 13, which if done to a child under the age
15 of 13 would be aggravated criminal sexual assault, predatory
16 criminal sexual assault of a child, criminal sexual assault,
17 aggravated criminal sexual abuse or criminal sexual abuse,
18 commits indecent solicitation of a child.
19 (b) It shall not be a defense to indecent solicitation
20 of a child that the accused reasonably believed the child to
21 be of the age of 13 years and upwards.
22 (c) Sentence.
23 Indecent solicitation of a child is:
24 (1) a Class A misdemeanor when the act, if done,
25 would be criminal sexual abuse;
26 (2) a Class 4 felony when the act, if done, would
27 be criminal sexual assault, aggravated criminal sexual
28 assault, or aggravated criminal sexual abuse.
29 (d) For the purposes of this Section, "solicits"
30 includes but is not limited to oral or written communication
31 and communication by telephone, computer, or other electronic
-2- LRB9010818MWpc
1 means or by use of the Internet. "Computer" has the meaning
2 ascribed to it in Section 16D-2 of this Code. "Internet"
3 means an interactive computer service or system or an
4 information service, system, or access software provider that
5 provides or enables computer access by multiple users to a
6 computer server, and includes, but is not limited to, an
7 information service, system, or access software provider that
8 provides access to a network system commonly known as the
9 Internet, or any comparable system or service and also
10 includes, but is not limited to, a World Wide Web page,
11 newsgroup, message board, mailing list, or chat area on any
12 interactive computer service or system or other online
13 service.
14 (Source: P.A. 89-8, eff. 3-21-95; 89-203, eff. 7-21-95;
15 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)