103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5470

 

Introduced 2/9/2024, by Rep. Brad Stephens

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/10-9

    Amends the Criminal Code of 2012. Provides that a person commits involuntary sexual servitude of a minor when he or she knowingly patronizes another person under 18 years of age, knowing that the minor will engage in commercial sexual activity, a sexually-explicit performance, or the production of pornography, or causes or attempts to cause a minor to engage in one or more of those activities.


LRB103 36843 RLC 66955 b

 

 

A BILL FOR

 

HB5470LRB103 36843 RLC 66955 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 10-9 as follows:
 
6    (720 ILCS 5/10-9)
7    Sec. 10-9. Trafficking in persons, involuntary servitude,
8and related offenses.
9    (a) Definitions. In this Section:
10    (1) "Intimidation" has the meaning prescribed in Section
1112-6.
12    (2) "Commercial sexual activity" means any sex act on
13account of which anything of value is given, promised to, or
14received by any person.
15    (2.5) "Company" means any sole proprietorship,
16organization, association, corporation, partnership, joint
17venture, limited partnership, limited liability partnership,
18limited liability limited partnership, limited liability
19company, or other entity or business association, including
20all wholly owned subsidiaries, majority-owned subsidiaries,
21parent companies, or affiliates of those entities or business
22associations, that exist for the purpose of making profit.
23    (3) "Financial harm" includes intimidation that brings

 

 

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1about financial loss, criminal usury, or employment contracts
2that violate the Frauds Act.
3    (4) (Blank).
4    (5) "Labor" means work of economic or financial value.
5    (6) "Maintain" means, in relation to labor or services, to
6secure continued performance thereof, regardless of any
7initial agreement on the part of the victim to perform that
8type of service.
9    (7) "Obtain" means, in relation to labor or services, to
10secure performance thereof.
11    (7.5) "Serious harm" means any harm, whether physical or
12nonphysical, including psychological, financial, or
13reputational harm, that is sufficiently serious, under all the
14surrounding circumstances, to compel a reasonable person of
15the same background and in the same circumstances to perform
16or to continue performing labor or services in order to avoid
17incurring that harm.
18    (8) "Services" means activities resulting from a
19relationship between a person and the actor in which the
20person performs activities under the supervision of or for the
21benefit of the actor. Commercial sexual activity and
22sexually-explicit performances are forms of activities that
23are "services" under this Section. Nothing in this definition
24may be construed to legitimize or legalize prostitution.
25    (9) "Sexually-explicit performance" means a live,
26recorded, broadcast (including over the Internet), or public

 

 

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1act or show intended to arouse or satisfy the sexual desires or
2appeal to the prurient interests of patrons.
3    (10) "Trafficking victim" means a person subjected to the
4practices set forth in subsection (b), (c), or (d).
5    (b) Involuntary servitude. A person commits involuntary
6servitude when he or she knowingly subjects, attempts to
7subject, or engages in a conspiracy to subject another person
8to labor or services obtained or maintained through any of the
9following means, or any combination of these means:
10        (1) causes or threatens to cause physical harm to any
11    person;
12        (2) physically restrains or threatens to physically
13    restrain another person;
14        (3) abuses or threatens to abuse the law or legal
15    process;
16        (4) knowingly destroys, conceals, removes,
17    confiscates, or possesses any actual or purported passport
18    or other immigration document, or any other actual or
19    purported government identification document, of another
20    person;
21        (5) uses intimidation, or exerts financial control
22    over any person; or
23        (6) uses any scheme, plan, or pattern intended to
24    cause the person to believe that, if the person did not
25    perform the labor or services, that person or another
26    person would suffer serious harm or physical restraint.

 

 

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1    Sentence. Except as otherwise provided in subsection (e)
2or (f), a violation of subsection (b)(1) is a Class X felony,
3(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
4is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
5    (c) Involuntary sexual servitude of a minor. A person
6commits involuntary sexual servitude of a minor when he or she
7knowingly patronizes, recruits, entices, harbors, transports,
8provides, or obtains by any means, or attempts to recruit,
9entice, harbor, provide, or obtain by any means, another
10person under 18 years of age, knowing that the minor will
11engage in commercial sexual activity, a sexually-explicit
12performance, or the production of pornography, or causes or
13attempts to cause a minor to engage in one or more of those
14activities and:
15        (1) there is no overt force or threat and the minor is
16    between the ages of 17 and 18 years;
17        (2) there is no overt force or threat and the minor is
18    under the age of 17 years; or
19        (3) there is overt force or threat.
20    Sentence. Except as otherwise provided in subsection (e)
21or (f), a violation of subsection (c)(1) is a Class 1 felony,
22(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
23    (d) Trafficking in persons. A person commits trafficking
24in persons when he or she knowingly: (1) recruits, entices,
25harbors, transports, provides, or obtains by any means, or
26attempts to recruit, entice, harbor, transport, provide, or

 

 

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1obtain by any means, another person, intending or knowing that
2the person will be subjected to involuntary servitude; or (2)
3benefits, financially or by receiving anything of value, from
4participation in a venture that has engaged in an act of
5involuntary servitude or involuntary sexual servitude of a
6minor. A company commits trafficking in persons when the
7company knowingly benefits, financially or by receiving
8anything of value, from participation in a venture that has
9engaged in an act of involuntary servitude or involuntary
10sexual servitude of a minor.
11    Sentence. Except as otherwise provided in subsection (e)
12or (f), a violation of this subsection by a person is a Class 1
13felony. A violation of this subsection by a company is a
14business offense for which a fine of up to $100,000 may be
15imposed.
16    (e) Aggravating factors. A violation of this Section
17involving kidnapping or an attempt to kidnap, aggravated
18criminal sexual assault or an attempt to commit aggravated
19criminal sexual assault, or an attempt to commit first degree
20murder is a Class X felony.
21    (f) Sentencing considerations.
22        (1) Bodily injury. If, pursuant to a violation of this
23    Section, a victim suffered bodily injury, the defendant
24    may be sentenced to an extended-term sentence under
25    Section 5-8-2 of the Unified Code of Corrections. The
26    sentencing court must take into account the time in which

 

 

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1    the victim was held in servitude, with increased penalties
2    for cases in which the victim was held for between 180 days
3    and one year, and increased penalties for cases in which
4    the victim was held for more than one year.
5        (2) Number of victims. In determining sentences within
6    statutory maximums, the sentencing court should take into
7    account the number of victims, and may provide for
8    substantially increased sentences in cases involving more
9    than 10 victims.
10    (g) Restitution. Restitution is mandatory under this
11Section. In addition to any other amount of loss identified,
12the court shall order restitution including the greater of (1)
13the gross income or value to the defendant of the victim's
14labor or services or (2) the value of the victim's labor as
15guaranteed under the Minimum Wage Law and overtime provisions
16of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
17whichever is greater.
18    (g-5) Fine distribution. If the court imposes a fine under
19subsection (b), (c), or (d) of this Section, it shall be
20collected and distributed to the Specialized Services for
21Survivors of Human Trafficking Fund in accordance with Section
225-9-1.21 of the Unified Code of Corrections.
23    (h) Trafficking victim services. Subject to the
24availability of funds, the Department of Human Services may
25provide or fund emergency services and assistance to
26individuals who are victims of one or more offenses defined in

 

 

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1this Section.
2    (i) Certification. The Attorney General, a State's
3Attorney, or any law enforcement official shall certify in
4writing to the United States Department of Justice or other
5federal agency, such as the United States Department of
6Homeland Security, that an investigation or prosecution under
7this Section has begun and the individual who is a likely
8victim of a crime described in this Section is willing to
9cooperate or is cooperating with the investigation to enable
10the individual, if eligible under federal law, to qualify for
11an appropriate special immigrant visa and to access available
12federal benefits. Cooperation with law enforcement shall not
13be required of victims of a crime described in this Section who
14are under 18 years of age. This certification shall be made
15available to the victim and his or her designated legal
16representative.
17    (j) A person who commits involuntary servitude,
18involuntary sexual servitude of a minor, or trafficking in
19persons under subsection (b), (c), or (d) of this Section is
20subject to the property forfeiture provisions set forth in
21Article 124B of the Code of Criminal Procedure of 1963.
22(Source: P.A. 101-18, eff. 1-1-20.)