95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4290


 
Introduced , by Rep. Patricia Reid Lindner
 
SYNOPSIS AS INTRODUCED:
 		
















720 ILCS 5/11-9
  from Ch. 38, par. 11-9


720 ILCS 5/11-9.1 rep.









    Amends the Criminal Code of 1961.  Repeals the statute concerning sexual exploitation of a child.  Adds the provisions of that statute to the statute concerning public indecency.  Retains penalties.
















LRB095 15493 RLC 41486 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4290

LRB095 15493 RLC 41486 b






1
    AN ACT concerning criminal law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Criminal Code of 1961 is amended  by changing 
5
Section 11-9 as follows:
 



6
    (720 ILCS 5/11-9)  (from Ch. 38, par. 11-9)



7
    Sec. 11-9. Public indecency. 

8
    (a) Any person of the age of 17 years and upwards who 
9
performs any of
the following acts in a public place commits a 
10
public indecency:


11
        (1) An act of sexual penetration or sexual conduct as 
12
    defined in Section
12-12 of this Code; or


13
        (2) A lewd exposure of the body done with intent to 
14
    arouse or to satisfy
the sexual desire of the person.

15
    Breast-feeding of infants is not an act of public 
16
indecency.

17
    (a-1)  Any person of the age of 17 years and upwards commits 
18
public indecency if in the presence
of a child or in a public 
19
place and with intent or knowledge that a child would view his 
20
or her
acts, that person: 
21
        (1) engages in a sexual act; or
22
        (2) exposes his or her sex organs, anus, or breast for 
23
    the purpose of
sexual arousal or gratification of such 
 


 






HB4290
- 2 -
LRB095 15493 RLC 41486 b




1
    person or the child. 
2
    (a-2) A person of the age of 17 years and upwards commits  
3
public indecency who knowingly
entices, coerces, or persuades a 
4
child to remove the child's clothing for the
purpose of sexual 
5
arousal or gratification of the person or the child, or
both. 
6
    (b) For purposes of this Section:
7
        "Child" means a person under 17 years of age. 
8
         "Public place" for purposes of this Section means any 
9
    place where
the conduct may reasonably be expected to be 
10
    viewed by others.

11
        "Sex offense" means any violation
of
Article 11 of this 
12
    Code or a violation of Section 12-13, 12-14, 12-14.1, 
13
    12-15,
12-16, or 12-16.2 of this Code. 
14
        "Sexual act" means masturbation, sexual conduct, or 
15
    sexual penetration
as defined in Section 12-12 of this 
16
    Code. 
17
    (c) Sentence.

18
    (1) Public indecency under subsection (a), (a-1), or (a-2) 
19
is a Class A misdemeanor.
A person convicted of a third or 
20
subsequent violation for public indecency under subsection (a)

21
is guilty of a Class 4 felony.

22
    (2)  A second
or subsequent violation of  subsection (a-1) or 
23
(a-2) or a substantially similar law of another state is a 
24
Class 4 felony. 
25
    (3)  Public indecency under subsection (a-1) or (a-2)  is a 
26
Class 4 felony if the person has
been previously convicted of a 
 


 






HB4290
- 3 -
LRB095 15493 RLC 41486 b




1
sex offense. 
2
    (4)    Public indecency under subsection (a-1) or (a-2)  is a 
3
Class 4 felony if the victim was under 13 years of age at the 
4
time of the commission of the offense. 
5
(Source: P.A. 91-115, eff. 1-1-00.)

 

6
    (720 ILCS 5/11-9.1 rep.)

7
    Section 10. The Criminal Code of 1961 is amended  by 
8
repealing Section 11-9.1.