(720 ILCS 5/11-9.2)
Sec. 11-9.2. Custodial sexual misconduct.
(a) A person commits custodial sexual misconduct
when: (1) he or
she is an employee of a penal system and engages in sexual conduct or sexual
penetration with a person who is in the custody of that penal system; (2)
he or she is an employee of a treatment and detention facility and engages in
sexual conduct or sexual penetration with a person who is in the custody of
that
treatment and detention facility; or (3) he or she is an employee of a law enforcement agency and engages in sexual conduct or sexual penetration with a person who is in the custody of a law enforcement agency or employee.
(b) A probation or supervising officer, surveillance agent, or aftercare specialist commits custodial
sexual misconduct when the probation or supervising officer, surveillance
agent, or aftercare specialist engages in sexual
conduct or sexual penetration with a probationer, parolee, or releasee or
person serving a term of conditional release who is
under the supervisory, disciplinary, or custodial authority of the
officer or agent or employee so
engaging in the sexual conduct or sexual penetration.
(c) Custodial sexual misconduct is a Class 3 felony.
(d) Any person convicted of violating this Section immediately shall forfeit
his or her employment with a law enforcement agency, a penal system, a treatment and detention facility,
or a conditional release program.
(e) In this Section, the consent of the probationer, parolee,
releasee, inmate in custody of the penal system or person detained or
civilly committed under the Sexually Violent Persons Commitment Act, or a person in the custody of a law enforcement agency or employee
shall not be a defense to a
prosecution under this Section. A person is deemed incapable of consent, for
purposes of this Section, when he or she is a probationer, parolee, releasee,
inmate in custody of a penal system or person detained or civilly
committed under the Sexually Violent Persons Commitment Act, or a person in the custody of a law enforcement agency or employee.
(f) This Section does not apply to:
(1) Any employee, probation or supervising officer, |
| surveillance agent, or aftercare specialist who is lawfully married to a person in custody if the marriage occurred before the date of custody.
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(2) Any employee, probation or supervising officer,
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| surveillance agent, or aftercare specialist who has no knowledge, and would have no reason to believe, that the person with whom he or she engaged in custodial sexual misconduct was a person in custody.
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(g) In this Section:
(0.5) "Aftercare specialist" means any person
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| employed by the Department of Juvenile Justice to supervise and facilitate services for persons placed on aftercare release.
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(1) "Custody" means:
(i) pretrial incarceration or detention;
(ii) incarceration or detention under a sentence
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| or commitment to a State or local penal institution;
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(iii) parole, aftercare release, or mandatory
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(iv) electronic monitoring or home detention;
(v) probation;
(vi) detention or civil commitment either in
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| secure care or in the community under the Sexually Violent Persons Commitment Act; or
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(vii) detention or arrest by a law enforcement
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(2) "Penal system" means any system which includes
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| institutions as defined in Section 2-14 of this Code or a county shelter care or detention home established under Section 1 of the County Shelter Care and Detention Home Act.
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(2.1) "Treatment and detention facility" means any
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| Department of Human Services facility established for the detention or civil commitment of persons under the Sexually Violent Persons Commitment Act.
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(2.2) "Conditional release" means a program of
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| treatment and services, vocational services, and alcohol or other drug abuse treatment provided to any person civilly committed and conditionally released to the community under the Sexually Violent Persons Commitment Act;
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(3) "Employee" means:
(i) an employee of any governmental agency of
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| this State or any county or municipal corporation that has by statute, ordinance, or court order the responsibility for the care, control, or supervision of pretrial or sentenced persons in a penal system or persons detained or civilly committed under the Sexually Violent Persons Commitment Act;
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(ii) a contractual employee of a penal system as
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| defined in paragraph (g)(2) of this Section who works in a penal institution as defined in Section 2-14 of this Code;
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(iii) a contractual employee of a "treatment and
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| detention facility" as defined in paragraph (g)(2.1) of this Code or a contractual employee of the Department of Human Services who provides supervision of persons serving a term of conditional release as defined in paragraph (g)(2.2) of this Code; or
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(iv) an employee of a law enforcement agency.
(3.5) "Law enforcement agency" means an agency of the
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| State or of a unit of local government charged with enforcement of State, county, or municipal laws or with managing custody of detained persons in the State, but not including a State's Attorney.
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(4) "Sexual conduct" or "sexual penetration" means
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| any act of sexual conduct or sexual penetration as defined in Section 11-0.1 of this Code.
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(5) "Probation officer" means any person employed in
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| a probation or court services department as defined in Section 9b of the Probation and Probation Officers Act.
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(6) "Supervising officer" means any person employed
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| to supervise persons placed on parole or mandatory supervised release with the duties described in Section 3-14-2 of the Unified Code of Corrections.
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(7) "Surveillance agent" means any person employed or
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| contracted to supervise persons placed on conditional release in the community under the Sexually Violent Persons Commitment Act.
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(Source: P.A. 100-431, eff. 8-25-17; 100-693, eff. 8-3-18; 101-81, eff. 7-12-19.)
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(720 ILCS 5/11-9.3)
Sec. 11-9.3. Presence within school zone by child sex
offenders prohibited; approaching, contacting, residing with, or communicating with a child within certain places by child sex offenders prohibited.
(a) It is unlawful for a child sex offender to knowingly be present in any
school building, on real property comprising any school, or in any conveyance
owned, leased, or contracted by a school to transport students to or from
school or a school related activity when persons under the age of 18 are
present in the building, on the grounds or in
the conveyance, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or unless the
offender has permission to be present from the
superintendent or the school board or in the case of a private school from the
principal. In the case of a public school, if permission is granted, the
superintendent or school board president must inform the principal of the
school where the sex offender will be present. Notification includes the
nature of the sex offender's visit and the hours in which the sex offender will
be present in the school. The sex offender is responsible for notifying the
principal's office when he or she arrives on school property and when he or she
departs from school property. If the sex offender is to be present in the
vicinity of children, the sex offender has the duty to remain under the direct
supervision of a school official.
(a-5) It is unlawful for a child sex offender to knowingly be present within 100 feet of a site posted as a pick-up or discharge stop for a conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when one or more persons under the age of 18 are present at the site.
(a-10) It is unlawful for a child sex offender to knowingly be present in any
public park building, a playground or recreation area within any publicly accessible privately owned building, or on real property comprising any public park
when persons under the age of
18 are
present in the building or on the grounds
and to approach, contact, or communicate with a child under 18 years of
age,
unless the
offender
is a parent or guardian of a person under 18 years of age present in the
building or on the
grounds. (b) It is unlawful for a child sex offender to knowingly loiter within 500 feet of a school building or real property comprising any school
while persons under the age of 18 are present in the building or on the
grounds,
unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or has permission to be present from the
superintendent or the school board or in the case of a private school from the
principal. In the case of a public school, if permission is granted, the
superintendent or school board president must inform the principal of the
school where the sex offender will be present. Notification includes the
nature of the sex offender's visit and the hours in which the sex offender will
be present in the school. The sex offender is responsible for notifying the
principal's office when he or she arrives on school property and when he or she
departs from school property. If the sex offender is to be present in the
vicinity of children, the sex offender has the duty to remain under the direct
supervision of a school official.
(b-2) It is unlawful for a child sex offender to knowingly loiter on a public
way within 500 feet of a public park building or real property comprising any
public park while persons under the age of 18 are present in the building or on the
grounds
and to approach, contact, or communicate with a child under 18 years of
age,
unless the offender
is a parent or guardian of a person under 18 years of age present in the
building or on the grounds. (b-5) It is unlawful for a child sex offender to knowingly reside within
500 feet of a school building or the real property comprising any school that
persons under the age of 18 attend. Nothing in this subsection (b-5) prohibits
a child sex offender from residing within 500 feet of a school building or the
real property comprising any school that persons under 18 attend if the
property is owned by the child sex offender and was purchased before July 7, 2000 (the
effective date of Public Act 91-911).
(b-10) It is unlawful for a child sex offender to knowingly reside within
500 feet of a playground, child care institution, day care center, part day child care facility, day care home, group day care home, or a facility providing programs or services
exclusively directed toward persons under 18 years of age. Nothing in this
subsection (b-10) prohibits a child sex offender from residing within 500 feet
of a playground or a facility providing programs or services exclusively
directed toward persons under 18 years of age if the property is owned by the
child sex offender and was purchased before July 7, 2000. Nothing in this
subsection (b-10) prohibits a child sex offender from residing within 500 feet
of a child care institution, day care center, or part day child care facility if the property is owned by the
child sex offender and was purchased before June 26, 2006. Nothing in this subsection (b-10) prohibits a child sex offender from residing within 500 feet of a day care home or group day care home if the property is owned by the child sex offender and was purchased before August 14, 2008 (the effective date of Public Act 95-821). (b-15) It is unlawful for a child sex offender to knowingly reside within
500 feet of the victim of the sex offense. Nothing in this
subsection (b-15) prohibits a child sex offender from residing within 500 feet
of the victim if the property in which the child sex offender resides is owned by the
child sex offender and was purchased before August 22, 2002. This subsection (b-15) does not apply if the victim of the sex offense
is 21 years of age or older. (b-20) It is unlawful for a child sex offender to knowingly communicate, other than for a lawful purpose under Illinois law, using the Internet or any other digital media, with a person under 18 years of age or with a person whom he or she believes to be a person under 18 years of age,
unless the offender
is a parent or guardian of the person under 18 years of age. (c) It is unlawful for a child sex offender to knowingly operate, manage,
be employed by, volunteer at, be associated with, or knowingly be present at
any: (i) facility providing
programs or services exclusively directed toward persons under the age of 18; (ii) day care center; (iii) part day child care facility; (iv) child care institution; (v) school providing before and after school programs for children under 18 years of age; (vi) day care home; or (vii) group day care home.
This does not prohibit a child sex offender from owning the real property upon
which the programs or services are offered or upon which the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age is located, provided the child sex offender
refrains from being present on the premises for the hours during which: (1) the
programs or services are being offered or (2) the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age, day care home, or group day care home is operated. (c-2) It is unlawful for a child sex offender to participate in a holiday event involving children under 18 years of age, including but not limited to distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter. For the purposes of this subsection, child sex offender has the meaning as defined in this Section, but does not include as a sex offense under paragraph (2) of subsection (d) of this Section, the offense under subsection (c) of Section 11-1.50 of this Code. This subsection does not apply to a child sex offender who is a parent or guardian of children under 18 years of age that are present in the home and other non-familial minors are not present. (c-5) It is unlawful for a child sex offender to knowingly operate, manage, be employed by, or be associated with any carnival, amusement enterprise, or county or State fair when persons under the age of 18 are present. (c-6) It is unlawful for a child sex offender who owns and resides at residential real estate to knowingly rent any residential unit within the same building in which he or she resides to a person who is the parent or guardian of a child or children under 18 years of age. This subsection shall apply only to leases or other rental arrangements entered into after January 1, 2009 (the effective date of Public Act 95-820). (c-7) It is unlawful for a child sex offender to knowingly offer or provide any programs or services to persons under 18 years of age in his or her residence or the residence of another or in any facility for the purpose of offering or providing such programs or services, whether such programs or services are offered or provided by contract, agreement, arrangement, or on a volunteer basis. (c-8) It is unlawful for a child sex offender to knowingly operate, whether authorized to do so or not, any of the following vehicles: (1) a vehicle which is specifically designed, constructed or modified and equipped to be used for the retail sale of food or beverages, including but not limited to an ice cream truck; (2) an authorized emergency vehicle; or (3) a rescue vehicle. (d) Definitions. In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or any |
| substantially similar federal law or law of another state, with a sex offense set forth in paragraph (2) of this subsection (d) or the attempt to commit an included sex offense, and the victim is a person under 18 years of age at the time of the offense; and:
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(A) is convicted of such offense or an
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| attempt to commit such offense; or
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(B) is found not guilty by reason of insanity
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| of such offense or an attempt to commit such offense; or
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(C) is found not guilty by reason of insanity
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| pursuant to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense; or
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(D) is the subject of a finding not resulting
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| in an acquittal at a hearing conducted pursuant to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense; or
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(E) is found not guilty by reason of insanity
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| following a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such offense; or
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(F) is the subject of a finding not resulting
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| in an acquittal at a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged violation or attempted commission of such offense; or
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(ii) is certified as a sexually dangerous person
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| pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially similar federal law or the law of another state, when any conduct giving rise to such certification is committed or attempted against a person less than 18 years of age; or
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(iii) is subject to the provisions of Section 2
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| of the Interstate Agreements on Sexually Dangerous Persons Act.
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Convictions that result from or are connected with
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| the same act, or result from offenses committed at the same time, shall be counted for the purpose of this Section as one conviction. Any conviction set aside pursuant to law is not a conviction for purposes of this Section.
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(2) Except as otherwise provided in paragraph (2.5),
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(i) A violation of any of the following Sections
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| of the Criminal Code of 1961 or the Criminal Code of 2012: 10-4 (forcible detention), 10-7 (aiding or abetting child abduction under Section 10-5(b)(10)), 10-5(b)(10) (child luring), 11-1.40 (predatory criminal sexual assault of a child), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-9.1 (sexual exploitation of a child), 11-9.2 (custodial sexual misconduct), 11-9.5 (sexual misconduct with a person with a disability), 11-11 (sexual relations within families), 11-14.3(a)(1) (promoting prostitution by advancing prostitution), 11-14.3(a)(2)(A) (promoting prostitution by profiting from prostitution by compelling a person to be a prostitute), 11-14.3(a)(2)(C) (promoting prostitution by profiting from prostitution by means other than as described in subparagraphs (A) and (B) of paragraph (2) of subsection (a) of Section 11-14.3), 11-14.4 (promoting juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-20.1 (child pornography), 11-20.1B (aggravated child pornography), 11-21 (harmful material), 11-25 (grooming), 11-26 (traveling to meet a minor or traveling to meet a child), 12-33 (ritualized abuse of a child), 11-20 (obscenity) (when that offense was committed in any school, on real property comprising any school, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or in a public park), 11-30 (public indecency) (when committed in a school, on real property comprising a school, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or in a public park). An attempt to commit any of these offenses.
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(ii) A violation of any of the following Sections
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| of the Criminal Code of 1961 or the Criminal Code of 2012, when the victim is a person under 18 years of age: 11-1.20 (criminal sexual assault), 11-1.30 (aggravated criminal sexual assault), 11-1.50 (criminal sexual abuse), 11-1.60 (aggravated criminal sexual abuse). An attempt to commit any of these offenses.
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(iii) A violation of any of the following
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| Sections of the Criminal Code of 1961 or the Criminal Code of 2012, when the victim is a person under 18 years of age and the defendant is not a parent of the victim:
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10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint),
11-9.1(A) (permitting sexual abuse of a child).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
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| substantially equivalent to any offense listed in clause (2)(i) or (2)(ii) of subsection (d) of this Section.
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(2.5) For the purposes of subsections (b-5) and
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| (b-10) only, a sex offense means:
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(i) A violation of any of the following Sections
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| of the Criminal Code of 1961 or the Criminal Code of 2012:
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10-5(b)(10) (child luring), 10-7 (aiding or
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| abetting child abduction under Section 10-5(b)(10)), 11-1.40 (predatory criminal sexual assault of a child), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-9.2 (custodial sexual misconduct), 11-9.5 (sexual misconduct with a person with a disability), 11-11 (sexual relations within families), 11-14.3(a)(1) (promoting prostitution by advancing prostitution), 11-14.3(a)(2)(A) (promoting prostitution by profiting from prostitution by compelling a person to be a prostitute), 11-14.3(a)(2)(C) (promoting prostitution by profiting from prostitution by means other than as described in subparagraphs (A) and (B) of paragraph (2) of subsection (a) of Section 11-14.3), 11-14.4 (promoting juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-20.1 (child pornography), 11-20.1B (aggravated child pornography), 11-25 (grooming), 11-26 (traveling to meet a minor or traveling to meet a child), or 12-33 (ritualized abuse of a child). An attempt to commit any of these offenses.
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(ii) A violation of any of the following Sections
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| of the Criminal Code of 1961 or the Criminal Code of 2012, when the victim is a person under 18 years of age: 11-1.20 (criminal sexual assault), 11-1.30 (aggravated criminal sexual assault), 11-1.60 (aggravated criminal sexual abuse), and subsection (a) of Section 11-1.50 (criminal sexual abuse). An attempt to commit any of these offenses.
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(iii) A violation of any of the following
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| Sections of the Criminal Code of 1961 or the Criminal Code of 2012, when the victim is a person under 18 years of age and the defendant is not a parent of the victim:
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10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint),
11-9.1(A) (permitting sexual abuse of a child).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
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| substantially equivalent to any offense listed in this paragraph (2.5) of this subsection.
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(3) A conviction for an offense of federal law or the
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| law of another state that is substantially equivalent to any offense listed in paragraph (2) of subsection (d) of this Section shall constitute a conviction for the purpose of this Section. A finding or adjudication as a sexually dangerous person under any federal law or law of another state that is substantially equivalent to the Sexually Dangerous Persons Act shall constitute an adjudication for the purposes of this Section.
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(4) "Authorized emergency vehicle", "rescue vehicle",
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| and "vehicle" have the meanings ascribed to them in Sections 1-105, 1-171.8 and 1-217, respectively, of the Illinois Vehicle Code.
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(5) "Child care institution" has the meaning ascribed
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| to it in Section 2.06 of the Child Care Act of 1969.
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(6) "Day care center" has the meaning ascribed to it
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| in Section 2.09 of the Child Care Act of 1969.
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(7) "Day care home" has the meaning ascribed to it in
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| Section 2.18 of the Child Care Act of 1969.
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(8) "Facility providing programs or services directed
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| towards persons under the age of 18" means any facility providing programs or services exclusively directed towards persons under the age of 18.
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(9) "Group day care home" has the meaning ascribed to
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| it in Section 2.20 of the Child Care Act of 1969.
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(10) "Internet" has the meaning set forth in Section
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(11) "Loiter" means:
(i) Standing, sitting idly, whether or not the
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| person is in a vehicle, or remaining in or around school or public park property.
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(ii) Standing, sitting idly, whether or not the
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| person is in a vehicle, or remaining in or around school or public park property, for the purpose of committing or attempting to commit a sex offense.
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(iii) Entering or remaining in a building in or
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| around school property, other than the offender's residence.
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(12) "Part day child care facility" has the meaning
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| ascribed to it in Section 2.10 of the Child Care Act of 1969.
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(13) "Playground" means a piece of land owned or
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| controlled by a unit of local government that is designated by the unit of local government for use solely or primarily for children's recreation.
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(14) "Public park" includes a park, forest preserve,
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| bikeway, trail, or conservation area under the jurisdiction of the State or a unit of local government.
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(15) "School" means a public or private preschool or
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| elementary or secondary school.
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(16) "School official" means the principal, a
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| teacher, or any other certified employee of the school, the superintendent of schools or a member of the school board.
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(e) For the purposes of this Section, the 500 feet distance shall be measured from: (1) the edge of the property of the school building or the real property comprising the school that is closest to the edge of the property of the child sex offender's residence or where he or she is loitering, and (2) the edge of the property comprising the public park building or the real property comprising the public park, playground, child care institution, day care center, part day child care facility, or facility providing programs or services exclusively directed toward persons under 18 years of age, or a victim of the sex offense who is under 21 years of age, to the edge of the child sex offender's place of residence or place where he or she is loitering.
(f) Sentence. A person who violates this Section is guilty of a Class 4
felony.
(Source: P.A. 102-997, eff. 1-1-23 .)
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(720 ILCS 5/11-9.5) Sec. 11-9.5. Sexual misconduct with a person with a disability. (a) Definitions. As used in this Section: (1) "Person with a disability" means: (i) a person diagnosed with a developmental |
| disability as defined in Section 1-106 of the Mental Health and Developmental Disabilities Code; or
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(ii) a person diagnosed with a mental illness as
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| defined in Section 1-129 of the Mental Health and Developmental Disabilities Code.
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(2) "State-operated facility" means:
(i) a developmental disability facility as
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| defined in the Mental Health and Developmental Disabilities Code; or
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(ii) a mental health facility as defined in the
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| Mental Health and Developmental Disabilities Code.
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(3) "Community agency" or "agency" means any
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| community entity or program providing residential mental health or developmental disabilities services that is licensed, certified, or funded by the Department of Human Services and not licensed or certified by any other human service agency of the State such as the Departments of Public Health, Healthcare and Family Services, and Children and Family Services.
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(4) "Care and custody" means admission to a
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(5) "Employee" means:
(i) any person employed by the Illinois
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| Department of Human Services;
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(ii) any person employed by a community agency
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| providing services at the direction of the owner or operator of the agency on or off site; or
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(iii) any person who is a contractual employee or
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| contractual agent of the Department of Human Services or the community agency. This includes but is not limited to payroll personnel, contractors, subcontractors, and volunteers.
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(6) "Sexual conduct" or "sexual penetration" means
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| any act of sexual conduct or sexual penetration as defined in Section 11-0.1 of this Code.
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(b) A person commits sexual misconduct with a person with a disability when:
(1) he or she is an employee and knowingly engages in
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| sexual conduct or sexual penetration with a person with a disability who is under the care and custody of the Department of Human Services at a State-operated facility; or
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(2) he or she is an employee of a community agency
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| funded by the Department of Human Services and knowingly engages in sexual conduct or sexual penetration with a person with a disability who is in a residential program operated or supervised by a community agency.
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(c) For purposes of this Section, the consent of a person with a disability in custody of the Department of Human Services residing at a State-operated facility or receiving services from a community agency shall not be a defense to a prosecution under this Section. A person is deemed incapable of consent, for purposes of this Section, when he or she is a person with a disability and is receiving services at a State-operated facility or is a person with a disability who is in a residential program operated or supervised by a community agency.
(d) This Section does not apply to:
(1) any State employee or any community agency
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| employee who is lawfully married to a person with a disability in custody of the Department of Human Services or receiving services from a community agency if the marriage occurred before the date of custody or the initiation of services at a community agency; or
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(2) any State employee or community agency employee
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| who has no knowledge, and would have no reason to believe, that the person with whom he or she engaged in sexual misconduct was a person with a disability in custody of the Department of Human Services or was receiving services from a community agency.
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(e) Sentence. Sexual misconduct with a person with a disability is a Class 3 felony.
(f) Any person convicted of violating this Section shall immediately forfeit his or her employment with the State or the community agency.
(Source: P.A. 96-1551, eff. 7-1-11 .)
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