|
|
|
|
HB4290 Engrossed |
|
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 Engrossed |
- 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 |