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91_HB1097enr HB1097 Enrolled LRB9101089RCks 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 commits 10 the offense of indecent solicitation of a child if the 11 person, with the intent that the offense of aggravated 12 criminal sexual assault, criminal sexual assault, predatory 13 criminal sexual assault of a child, or aggravated criminal 14 sexual abuse be committed, knowingly solicits a child or one 15 whom he or she believes to be a child to perform an act of 16 sexual penetration or sexual conduct as defined in Section 17 12-12 of this Code. 18 (b) Definitions. As used in this Section: 19 "Solicit" means to command, authorize, urge, incite, 20 request, or advise another to perform an act by any means 21 including, but not limited to, in person, over the phone, 22 in writing, by computer, or by advertisement of any kind. 23 "Child" means a person under 17 years of age. 24 (c) Sentence. 25 Indecent solicitation of a child is: 26 (1) a Class 1 felony when the act, if done, would 27 be predatory criminal sexual assault of a child or 28 aggravated criminal sexual assault; 29 (2) a Class 2 felony when the act, if done, would 30 be criminal sexual assault; 31 (3) a Class 3 felony when the act, if done, would HB1097 Enrolled -2- LRB9101089RCks 1 be aggravated criminal sexual abuse. 2
(a) A person of the age of 17 years and upwards who3 solicits a child under the age of 13 to do any act, or4 solicits a person to arrange an act with a child under the5 age of 13, which if done would be aggravated criminal sexual6 assault, predatory criminal sexual assault of a child,7 criminal sexual assault, aggravated criminal sexual abuse or8 criminal sexual abuse, commits indecent solicitation of a9 child.10 (b) It shall not be a defense to indecent solicitation11 of a child that the accused reasonably believed the child to12 be of the age of 13 years and upwards.13 (c) Sentence.14 Indecent solicitation of a child is:15 (1) a Class A misdemeanor when the act, if done,16 would be criminal sexual abuse;17 (2) a Class 4 felony when the act, if done, would18 be criminal sexual assault, aggravated criminal sexual19 assault, or aggravated criminal sexual abuse.20 (d) For the purposes of this Section, "solicits"21 includes but is not limited to oral or written communication22 and communication by telephone, computer, or other electronic23 means. "Computer" has the meaning ascribed to it in Section24 16D-2 of this Code.25 (Source: P.A. 89-8, eff. 3-21-95; 89-203, eff. 7-21-95; 26 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.) 27 Section 99. Effective date. This Act takes effect upon 28 becoming law.
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