Illinois General Assembly - Full Text of HB5441
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Full Text of HB5441  102nd General Assembly




HB5441 EnrolledLRB102 25463 RLC 34749 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 11-0.1 as follows:
6    (720 ILCS 5/11-0.1)
7    Sec. 11-0.1. Definitions. In this Article, unless the
8context clearly requires otherwise, the following terms are
9defined as indicated:
10    "Accused" means a person accused of an offense prohibited
11by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
12this Code or a person for whose conduct the accused is legally
13responsible under Article 5 of this Code.
14    "Adult obscenity or child pornography Internet site". See
15Section 11-23.
16    "Advance prostitution" means:
17        (1) Soliciting for a prostitute by performing any of
18    the following acts when acting other than as a prostitute
19    or a patron of a prostitute:
20            (A) Soliciting another for the purpose of
21        prostitution.
22            (B) Arranging or offering to arrange a meeting of
23        persons for the purpose of prostitution.



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1            (C) Directing another to a place knowing the
2        direction is for the purpose of prostitution.
3        (2) Keeping a place of prostitution by controlling or
4    exercising control over the use of any place that could
5    offer seclusion or shelter for the practice of
6    prostitution and performing any of the following acts when
7    acting other than as a prostitute or a patron of a
8    prostitute:
9            (A) Knowingly granting or permitting the use of
10        the place for the purpose of prostitution.
11            (B) Granting or permitting the use of the place
12        under circumstances from which he or she could
13        reasonably know that the place is used or is to be used
14        for purposes of prostitution.
15            (C) Permitting the continued use of the place
16        after becoming aware of facts or circumstances from
17        which he or she should reasonably know that the place
18        is being used for purposes of prostitution.
19    "Agency". See Section 11-9.5.
20    "Arranges". See Section 11-6.5.
21    "Bodily harm" means physical harm, and includes, but is
22not limited to, sexually transmitted disease, pregnancy, and
24    "Care and custody". See Section 11-9.5.
25    "Child care institution". See Section 11-9.3.
26    "Child pornography". See Section 11-20.1.



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1    "Child sex offender". See Section 11-9.3.
2    "Community agency". See Section 11-9.5.
3    "Conditional release". See Section 11-9.2.
4    "Consent" means a freely given agreement to the act of
5sexual penetration or sexual conduct in question. Lack of
6verbal or physical resistance or submission by the victim
7resulting from the use of force or threat of force by the
8accused shall not constitute consent. The manner of dress of
9the victim at the time of the offense shall not constitute
11    "Custody". See Section 11-9.2.
12    "Day care center". See Section 11-9.3.
13    "Depict by computer". See Section 11-20.1.
14    "Depiction by computer". See Section 11-20.1.
15    "Disseminate". See Section 11-20.1.
16    "Distribute". See Section 11-21.
17    "Family member" means a parent, grandparent, child, aunt,
18uncle, great-aunt, or great-uncle, whether by whole blood,
19half-blood, or adoption, and includes a step-grandparent,
20step-parent, or step-child. "Family member" also means, if the
21victim is a child under 18 years of age, an accused who has
22resided in the household with the child continuously for at
23least 6 months.
24    "Force or threat of force" means the use of force or
25violence or the threat of force or violence, including, but
26not limited to, the following situations:



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1        (1) when the accused threatens to use force or
2    violence on the victim or on any other person, and the
3    victim under the circumstances reasonably believes that
4    the accused has the ability to execute that threat; or
5        (2) when the accused overcomes the victim by use of
6    superior strength or size, physical restraint, or physical
7    confinement.
8    "Harmful to minors". See Section 11-21.
9    "Loiter". See Section 9.3.
10    "Material". See Section 11-21.
11    "Minor". See Section 11-21.
12    "Nudity". See Section 11-21.
13    "Obscene". See Section 11-20.
14    "Part day child care facility". See Section 11-9.3.
15    "Penal system". See Section 11-9.2.
16    "Person responsible for the child's welfare". See Section
18    "Person with a disability". See Section 11-9.5.
19    "Playground". See Section 11-9.3.
20    "Probation officer". See Section 11-9.2.
21    "Produce". See Section 11-20.1.
22    "Profit from prostitution" means, when acting other than
23as a prostitute, to receive anything of value for personally
24rendered prostitution services or to receive anything of value
25from a prostitute, if the thing received is not for lawful
26consideration and the person knows it was earned in whole or in



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1part from the practice of prostitution.
2    "Public park". See Section 11-9.3.
3    "Public place". See Section 11-30.
4    "Reproduce". See Section 11-20.1.
5    "Sado-masochistic abuse". See Section 11-21.
6    "School". See Section 11-9.3.
7    "School official". See Section 11-9.3.
8    "Sexual abuse". See Section 11-9.1A.
9    "Sexual act". See Section 11-9.1.
10    "Sexual conduct" means any knowing touching or fondling by
11the victim or the accused, either directly or through
12clothing, of the sex organs, anus, or breast of the victim or
13the accused, or any part of the body of a child under 13 years
14of age, or any transfer or transmission of semen by the accused
15upon any part of the clothed or unclothed body of the victim,
16for the purpose of sexual gratification or arousal of the
17victim or the accused.
18    "Sexual excitement". See Section 11-21.
19    "Sexual penetration" means any contact, however slight,
20between the sex organ or anus of one person and an object or
21the sex organ, mouth, or anus of another person, or any
22intrusion, however slight, of any part of the body of one
23person or of any animal or object into the sex organ or anus of
24another person, including, but not limited to, cunnilingus,
25fellatio, or anal penetration. Evidence of emission of semen
26is not required to prove sexual penetration.



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1    "Solicit". See Section 11-6.
2    "State-operated facility". See Section 11-9.5.
3    "Supervising officer". See Section 11-9.2.
4    "Surveillance agent". See Section 11-9.2.
5    "Treatment and detention facility". See Section 11-9.2.
6    "Unable to give knowing consent" includes when the accused
7administers any intoxicating or anesthetic substance, or any
8controlled substance causing the victim to become unconscious
9of the nature of the act and this condition was known, or
10reasonably should have been known by the accused. "Unable to
11give knowing consent" also includes when the victim has taken
12an intoxicating substance or any controlled substance causing
13the victim to become unconscious of the nature of the act, and
14this condition was known or reasonably should have been known
15by the accused, but the accused did not provide or administer
16the intoxicating substance. As used in this paragraph,
17"unconscious of the nature of the act" means incapable of
18resisting because the victim meets any one of the following
20        (1) was unconscious or asleep;
21        (2) was not aware, knowing, perceiving, or cognizant
22    that the act occurred;
23        (3) was not aware, knowing, perceiving, or cognizant
24    of the essential characteristics of the act due to the
25    perpetrator's fraud in fact; or
26        (4) was not aware, knowing, perceiving, or cognizant



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1    of the essential characteristics of the act due to the
2    perpetrator's fraudulent representation that the sexual
3    penetration served a professional purpose when it served
4    no professional purpose.
5    A victim is presumed "unable to give knowing consent" when
6the victim:
7        (1) is committed to the care and custody or
8    supervision of the Illinois Department of Corrections
9    (IDOC) and the accused is an employee or volunteer who is
10    not married to the victim who knows or reasonably should
11    know that the victim is committed to the care and custody
12    or supervision of such department;
13        (2) is committed to or placed with the Department of
14    Children and Family Services (DCFS) and in residential
15    care, and the accused employee is not married to the
16    victim, and knows or reasonably should know that the
17    victim is committed to or placed with DCFS and in
18    residential care;
19        (3) is a client or patient and the accused is a health
20    care provider or mental health care provider and the
21    sexual conduct or sexual penetration occurs during a
22    treatment session, consultation, interview, or
23    examination;
24        (4) is a resident or inpatient of a residential
25    facility and the accused is an employee of the facility
26    who is not married to such resident or inpatient who



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1    provides direct care services, case management services,
2    medical or other clinical services, habilitative services
3    or direct supervision of the residents in the facility in
4    which the resident resides; or an officer or other
5    employee, consultant, contractor or volunteer of the
6    residential facility, who knows or reasonably should know
7    that the person is a resident of such facility; or
8        (5) is detained or otherwise in the custody of a
9    police officer, peace officer, or other law enforcement
10    official who: (i) is detaining or maintaining custody of
11    such person; or (ii) knows, or reasonably should know,
12    that at the time of the offense, such person was detained
13    or in custody and the police officer, peace officer, or
14    other law enforcement official is not married to such
15    detainee.
16    "Victim" means a person alleging to have been subjected to
17an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
1811-1.50, or 11-1.60 of this Code.
19(Source: P.A. 102-567, eff. 1-1-22.)