Full Text of HB5768 100th General Assembly
HB5768 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5768 Introduced , by Rep. John Connor SYNOPSIS AS INTRODUCED: |
|
720 ILCS 5/11-1.40 |
was 720 ILCS 5/12-14.1 |
720 ILCS 5/11-9.1 | from Ch. 38, par. 11-9.1 |
|
Amends the Criminal Code of 2012. Places the offenses of attempted predatory criminal sexual assault of a child and attempted sexual exploitation of a child in the offense provision for each respective offense. Defines the offenses and provides penalties.
|
| |
| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB5768 | | LRB100 20294 RLC 35581 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 2012 is amended by changing | 5 | | Sections 11-1.40 and 11-9.1 as follows:
| 6 | | (720 ILCS 5/11-1.40)
(was 720 ILCS 5/12-14.1)
| 7 | | Sec. 11-1.40. Predatory criminal sexual assault of a child ; | 8 | | attempted predatory criminal sexual assault of a child .
| 9 | | (a) A person commits predatory criminal sexual assault of a | 10 | | child if that person is 17 years of age or older, and commits | 11 | | an act of contact, however slight, between the sex organ or | 12 | | anus of one person and the part of the body of another for the | 13 | | purpose of sexual gratification or arousal of the victim or the | 14 | | accused, or an act of sexual penetration, and: | 15 | | (1) the victim is under 13 years of age; or | 16 | | (2) the victim is under 13 years of age and that | 17 | | person: | 18 | | (A) is armed with a firearm; | 19 | | (B) personally discharges a firearm during the | 20 | | commission of the offense; | 21 | | (C) causes great bodily harm to the victim that: | 22 | | (i) results in permanent disability; or | 23 | | (ii) is life threatening; or |
| | | HB5768 | - 2 - | LRB100 20294 RLC 35581 b |
|
| 1 | | (D) delivers (by injection, inhalation, ingestion, | 2 | | transfer of possession, or any other means) any | 3 | | controlled substance to the victim without the | 4 | | victim's consent or by threat or deception, for other | 5 | | than medical purposes.
| 6 | | (a-5) A person commits attempted predatory criminal sexual | 7 | | assault of a child when he or she, with intent to commit | 8 | | predatory criminal sexual assault of a child as defined in | 9 | | subsection (a) of this Section, does any act that constitutes a | 10 | | substantial step toward the commission of predatory criminal | 11 | | sexual assault of a child. | 12 | | (b) Sentence.
| 13 | | (1) A person convicted of a violation of subsection | 14 | | (a)(1)
commits a Class X felony, for which the person shall | 15 | | be sentenced to a term of imprisonment of not less than 6 | 16 | | years and not more than 60 years.
A person convicted of a | 17 | | violation of subsection (a)(2)(A) commits a Class X
felony | 18 | | for which 15 years shall be added to the term of | 19 | | imprisonment imposed by
the court. A person convicted of a | 20 | | violation of subsection (a)(2)(B) commits a
Class X felony | 21 | | for which 20 years shall be added to the term of | 22 | | imprisonment
imposed by the court. A person who has | 23 | | attained the age of 18 years at the time of the commission | 24 | | of the offense and who is convicted of a violation of | 25 | | subsection (a)(2)(C)
commits a Class X felony for which the | 26 | | person shall be sentenced to a term of
imprisonment of not |
| | | HB5768 | - 3 - | LRB100 20294 RLC 35581 b |
|
| 1 | | less than 50 years or up to a term of natural life
| 2 | | imprisonment. An offender under the age of 18 years at the | 3 | | time of the commission of predatory criminal sexual assault | 4 | | of a child in violation of subsections (a)(1), (a)(2)(A), | 5 | | (a)(2)(B), and (a)(2)(C) shall be sentenced under Section | 6 | | 5-4.5-105 of the Unified Code of Corrections.
| 7 | | (1.1) A person convicted of a violation of subsection | 8 | | (a)(2)(D) commits a
Class X felony for which the person
| 9 | | shall be
sentenced to a
term of imprisonment of not less | 10 | | than 50 years and not more than 60 years. An offender under | 11 | | the age of 18 years at the time of the commission of | 12 | | predatory criminal sexual assault of a child in violation | 13 | | of subsection (a)(2)(D) shall be sentenced under Section | 14 | | 5-4.5-105 of the Unified Code of Corrections.
| 15 | | (1.2) A person who has attained the age of 18 years at | 16 | | the time of the commission of the offense and convicted of | 17 | | predatory criminal sexual assault of a child
committed
| 18 | | against 2 or more persons regardless of whether the | 19 | | offenses occurred as the
result of the same act or of | 20 | | several related or unrelated acts shall be
sentenced to a | 21 | | term of natural life imprisonment and an offender under the | 22 | | age of 18 years at the time of the commission of the | 23 | | offense shall be sentenced under Section 5-4.5-105 of the | 24 | | Unified Code of Corrections.
| 25 | | (2) A person who has attained the age of 18 years at | 26 | | the time of the commission of the offense and who is |
| | | HB5768 | - 4 - | LRB100 20294 RLC 35581 b |
|
| 1 | | convicted of a second or subsequent offense of
predatory | 2 | | criminal sexual assault of a child, or who is convicted of | 3 | | the
offense of
predatory criminal sexual assault of a child | 4 | | after having previously been
convicted of the offense of | 5 | | criminal sexual assault or the offense of
aggravated | 6 | | criminal sexual assault, or who is convicted of the offense | 7 | | of
predatory criminal sexual assault of a child after | 8 | | having previously been
convicted under the laws of this | 9 | | State
or any other state of an offense that is | 10 | | substantially equivalent to the
offense
of predatory | 11 | | criminal sexual assault of a child, the offense of | 12 | | aggravated
criminal sexual assault or the offense of | 13 | | criminal sexual assault, shall be
sentenced to a term of | 14 | | natural life imprisonment.
The commission of the second or | 15 | | subsequent offense is required to have been
after the | 16 | | initial conviction for this paragraph (2) to apply. An | 17 | | offender under the age of 18 years at the time of the | 18 | | commission of the offense covered by this paragraph (2) | 19 | | shall be sentenced under Section 5-4.5-105 of the Unified | 20 | | Code of Corrections.
| 21 | | (3) Attempted predatory criminal sexual assault of a | 22 | | child under subsection (a-5) of this Section is a Class 1 | 23 | | felony. | 24 | | (Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14; | 25 | | 98-903, eff. 8-15-14; 99-69, eff. 1-1-16 .)
|
| | | HB5768 | - 5 - | LRB100 20294 RLC 35581 b |
|
| 1 | | (720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
| 2 | | Sec. 11-9.1. Sexual exploitation of a child ; attempted | 3 | | sexual exploitation of a child .
| 4 | | (a) A person commits sexual exploitation of a child if in | 5 | | the presence
or virtual presence, or both, of a child and with | 6 | | knowledge that a child or one whom he or she believes to be a | 7 | | child would view his or her
acts, that person:
| 8 | | (1) engages in a sexual act; or
| 9 | | (2) exposes his or her sex organs, anus or breast for | 10 | | the purpose of
sexual arousal or gratification of such | 11 | | person or the child or one whom he or she believes to be a | 12 | | child.
| 13 | | (a-5) A person commits sexual exploitation of a child who | 14 | | knowingly
entices, coerces, or persuades a child to remove the | 15 | | child's clothing for the
purpose of sexual arousal or | 16 | | gratification of the person or the child, or
both.
| 17 | | (a-6) A person commits attempted sexual exploitation of a | 18 | | child when he or she, with intent to commit sexual exploitation | 19 | | of a child as defined in subsection (a) or (a-5) of this | 20 | | Section, does any act that constitutes a substantial step | 21 | | toward the commission of sexual exploitation of a child. | 22 | | (b) Definitions. As used in this Section:
| 23 | | "Sexual act" means masturbation, sexual conduct or sexual | 24 | | penetration
as defined in Section 11-0.1 of this Code.
| 25 | | "Sex offense" means any violation
of
Article 11 of this | 26 | | Code or Section 12-5.01 of this Code.
|
| | | HB5768 | - 6 - | LRB100 20294 RLC 35581 b |
|
| 1 | | "Child" means a person under 17 years of age.
| 2 | | "Virtual presence" means an environment that is created | 3 | | with software and presented to the user and or receiver via the | 4 | | Internet, in such a way that the user appears in front of the | 5 | | receiver on the computer monitor or screen or hand-held hand | 6 | | held portable electronic device, usually through a web camming | 7 | | program. "Virtual presence" includes primarily experiencing | 8 | | through sight or sound, or both, a video image that can be | 9 | | explored interactively at a personal computer or hand-held hand | 10 | | held communication device, or both. | 11 | | "Webcam" means a video capturing device connected to a | 12 | | computer or computer network that is designed to take digital | 13 | | photographs or live or recorded video which allows for the live | 14 | | transmission to an end user over the Internet. | 15 | | (c) Sentence.
| 16 | | (1) Sexual exploitation of a child is a Class A | 17 | | misdemeanor. A second
or subsequent violation of this | 18 | | Section or a substantially similar law of another state is | 19 | | a Class 4 felony.
| 20 | | (2) Sexual exploitation of a child is a Class 4 felony | 21 | | if the person has
been previously convicted of a sex | 22 | | offense. | 23 | | (3) Sexual exploitation of a child is a Class 4 felony | 24 | | if the victim was under 13 years of age at the time of the | 25 | | commission of the offense.
| 26 | | (4) Sexual exploitation of a child is a Class 4 felony |
| | | HB5768 | - 7 - | LRB100 20294 RLC 35581 b |
|
| 1 | | if committed by a person 18 years of age or older who is on | 2 | | or within 500 feet of elementary or secondary school | 3 | | grounds when children are present on the grounds. | 4 | | (5) Attempted sexual exploitation of a child is a Class | 5 | | B misdemeanor. A second
or subsequent violation of | 6 | | subsection (a-6) of this Section or a substantially similar | 7 | | law of another state is a Class A misdemeanor. | 8 | | (6) Attempted sexual exploitation of a child is a Class | 9 | | A misdemeanor if the person has
been previously convicted | 10 | | of a sex offense. | 11 | | (7) Attempted sexual exploitation of a child is a Class | 12 | | A misdemeanor if the victim was under 13 years of age at | 13 | | the time of the commission of the offense. | 14 | | (8) Attempted sexual exploitation of a child is a Class | 15 | | A misdemeanor if committed by a person 18 years of age or | 16 | | older who is on or within 500 feet of elementary or | 17 | | secondary school grounds when children are present on the | 18 | | grounds. | 19 | | (Source: P.A. 96-1090, eff. 1-1-11; 96-1098, eff. 1-1-11; | 20 | | 96-1551, eff. 7-1-11; 97-333, eff. 8-12-11; 97-1150, eff. | 21 | | 1-25-13; revised 10-5-17.)
|
|