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91_HB4760
LRB9115031SMdv
1 AN ACT concerning public health and safety.
2 WHEREAS, The United States Supreme Court upheld the
3 constitutionality of an ordinance proscribing certain sexual
4 activities in public places adopted by a unit of local
5 government in City of Erie v. Pap's A.M., 120 S.Ct. 1382
6 (2000); therefore
7 Be it enacted by the People of the State of Illinois,
8 represented in the General Assembly:
9 Section 5. The Counties Code is amended by adding
10 Section 5-1097.6 as follows:
11 (55 ILCS 5/5-1097.6 new)
12 Sec. 5-1097.6. Public nudity.
13 (a) A county board may enact an ordinance that provides
14 that a person commits a Class A misdemeanor if that person
15 knowingly or intentionally, in a public place:
16 (1) engages in sexual intercourse;
17 (2) appears in a state of nudity; or
18 (3) fondles the genitals of himself, herself, or
19 another person.
20 (b) As used in this Section:
21 "Nudity" means the showing of the human male or female
22 genitalia, pubic hair, or buttocks with less than a fully
23 opaque covering; the showing of the female breast with less
24 than a fully opaque covering of any part of the nipple; the
25 exposure of any device, costume, or covering that gives the
26 appearance of or simulates the genitals, pubic hair, natal
27 cleft, perineum anal region, or pubic hair region; or the
28 exposure of any device worn as a cover over the nipple or
29 areola of the female breast or both the nipple and areola of
30 the female breast, which device simulates and gives the
31 realistic appearance of nipples or areola or both.
-2- LRB9115031SMdv
1 "Public place" includes all outdoor places owned by or
2 open to the general public and all buildings and enclosed
3 places owned by or open to the general public, including such
4 places of entertainment, taverns, restaurants, clubs,
5 theaters, dance halls, banquet halls, party rooms, or halls
6 limited to specific members, restricted to adults or to
7 patrons invited to attend, whether or not an admission charge
8 is levied.
9 (c) The prohibition authorized to be imposed in
10 subdivision (a)(2) shall not apply to:
11 (1) any child under 10 years of age; or
12 (2) any individual exposing a breast in the process
13 of breastfeeding an infant under 2 years of age.
14 Section 10. The Illinois Municipal Code is amended by
15 adding Section 11-5-1.6 as follows:
16 (65 ILCS 5/11-5-1.6 new)
17 Sec. 11-5-1.6. Public nudity.
18 (a) The corporate authorities of each municipality may
19 enact an ordinance that provides that a person commits a
20 Class A misdemeanor if that person knowingly or
21 intentionally, in a public place:
22 (1) engages in sexual intercourse;
23 (2) appears in a state of nudity; or
24 (3) fondles the genitals of himself, herself, or
25 another person.
26 (b) As used in this Section:
27 "Nudity" means the showing of the human male or female
28 genitalia, pubic hair, or buttocks with less than a fully
29 opaque covering; the showing of the female breast with less
30 than a fully opaque covering of any part of the nipple; the
31 exposure of any device, costume, or covering that gives the
32 appearance of or simulates the genitals, pubic hair, natal
-3- LRB9115031SMdv
1 cleft, perineum anal region, or pubic hair region; or the
2 exposure of any device worn as a cover over the nipple or
3 areola of the female breast or both the nipple and areola of
4 the female breast, which device simulates and gives the
5 realistic appearance of nipples or areola or both.
6 "Public place" includes all outdoor places owned by or
7 open to the general public and all buildings and enclosed
8 places owned by or open to the general public, including such
9 places of entertainment, taverns, restaurants, clubs,
10 theaters, dance halls, banquet halls, party rooms, or halls
11 limited to specific members, restricted to adults or to
12 patrons invited to attend, whether or not an admission charge
13 is levied.
14 (c) The prohibition authorized to be imposed in
15 subdivision (a)(2) shall not apply to:
16 (1) any child under 10 years of age; or
17 (2) any individual exposing a breast in the process
18 of breastfeeding an infant under 2 years of age.
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.