(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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(720 ILCS 5/11-20) (from Ch. 38, par. 11-20)
Sec. 11-20. Obscenity. (a) Elements of the Offense.
A person commits obscenity when, with knowledge of the nature or content
thereof, or recklessly failing to exercise reasonable inspection which
would have disclosed the nature or content thereof, he or she:
(1) Sells, delivers or provides, or offers or agrees |
| to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene; or
|
|
(2) Presents or directs an obscene play, dance or
|
| other performance or participates directly in that portion thereof which makes it obscene; or
|
|
(3) Publishes, exhibits or otherwise makes available
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|
(4) Performs an obscene act or otherwise presents an
|
| obscene exhibition of his or her body for gain; or
|
|
(5) Creates, buys, procures or possesses obscene
|
| matter or material with intent to disseminate it in violation of this Section, or of the penal laws or regulations of any other jurisdiction; or
|
|
(6) Advertises or otherwise promotes the sale of
|
| material represented or held out by him or her to be obscene, whether or not it is obscene.
|
|
(b) Obscene Defined.
Any material or performance is obscene if: (1) the average person,
applying contemporary adult community standards, would find that, taken as
a whole, it appeals to the prurient interest; and (2) the average person,
applying contemporary adult community standards, would find that it depicts
or describes, in a patently offensive way, ultimate sexual acts or
sadomasochistic sexual acts, whether normal or perverted, actual or
simulated, or masturbation, excretory functions or lewd exhibition of the
genitals; and (3) taken as a whole, it lacks serious literary, artistic,
political or scientific value.
(c) Interpretation of Evidence.
Obscenity shall be judged with reference to ordinary adults, except that
it shall be judged with reference to children or other specially
susceptible audiences if it appears from the character of the material or
the circumstances of its dissemination to be specially designed for or
directed to such an audience.
Where circumstances of production, presentation, sale, dissemination,
distribution, or publicity indicate that material is being commercially
exploited for the sake of its prurient appeal, such evidence is probative
with respect to the nature of the matter and can justify the conclusion
that the matter is lacking in serious literary, artistic, political or
scientific value.
In any prosecution for an offense under this Section evidence shall be
admissible to show:
(1) The character of the audience for which the
|
| material was designed or to which it was directed;
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|
(2) What the predominant appeal of the material would
|
| be for ordinary adults or a special audience, and what effect, if any, it would probably have on the behavior of such people;
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|
(3) The artistic, literary, scientific, educational
|
| or other merits of the material, or absence thereof;
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|
(4) The degree, if any, of public acceptance of the
|
|
(5) Appeal to prurient interest, or absence thereof,
|
| in advertising or other promotion of the material;
|
|
(6) Purpose of the author, creator, publisher or
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|
(d) Sentence.
Obscenity is a Class A misdemeanor. A second or subsequent offense is a
Class 4 felony.
(e) Permissive Inference.
The trier of fact may infer an intent to disseminate from the creation, purchase, procurement or possession of a mold, engraved
plate or other embodiment of obscenity specially adapted for reproducing
multiple copies, or the possession of more than 3 copies of obscene
material.
(f) Affirmative Defenses.
It shall be an affirmative defense to obscenity that the dissemination:
(1) Was not for gain and was made to personal
|
| associates other than children under 18 years of age;
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|
(2) Was to institutions or individuals having
|
| scientific or other special justification for possession of such material.
|
|
(g) Forfeiture of property. A person who has been convicted
previously of the offense of obscenity and who is convicted of a
second or subsequent offense of obscenity is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)
|
(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
Sec. 11-20.1. Child pornography.
(a) A person commits child pornography who:
(1) films, videotapes, photographs, or otherwise |
| depicts or portrays by means of any similar visual medium or reproduction or depicts by computer any child whom he or she knows or reasonably should know to be under the age of 18 or any person with a severe or profound intellectual disability where such child or person with a severe or profound intellectual disability is:
|
|
(i) actually or by simulation engaged in any act
|
| of sexual penetration or sexual conduct with any person or animal; or
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|
(ii) actually or by simulation engaged in any act
|
| of sexual penetration or sexual conduct involving the sex organs of the child or person with a severe or profound intellectual disability and the mouth, anus, or sex organs of another person or animal; or which involves the mouth, anus or sex organs of the child or person with a severe or profound intellectual disability and the sex organs of another person or animal; or
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|
(iii) actually or by simulation engaged in any
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|
(iv) actually or by simulation portrayed as being
|
| the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal; or
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|
(v) actually or by simulation engaged in any act
|
| of excretion or urination within a sexual context; or
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|
(vi) actually or by simulation portrayed or
|
| depicted as bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in any sexual context; or
|
|
(vii) depicted or portrayed in any pose, posture
|
| or setting involving a lewd exhibition of the unclothed or transparently clothed genitals, pubic area, buttocks, or, if such person is female, a fully or partially developed breast of the child or other person; or
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|
(2) with the knowledge of the nature or content
|
| thereof, reproduces, disseminates, offers to disseminate, exhibits or possesses with intent to disseminate any film, videotape, photograph or other similar visual reproduction or depiction by computer of any child or person with a severe or profound intellectual disability whom the person knows or reasonably should know to be under the age of 18 or to be a person with a severe or profound intellectual disability, engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
|
|
(3) with knowledge of the subject matter or theme
|
| thereof, produces any stage play, live performance, film, videotape or other similar visual portrayal or depiction by computer which includes a child whom the person knows or reasonably should know to be under the age of 18 or a person with a severe or profound intellectual disability engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
|
|
(4) solicits, uses, persuades, induces, entices, or
|
| coerces any child whom he or she knows or reasonably should know to be under the age of 18 or a person with a severe or profound intellectual disability to appear in any stage play, live presentation, film, videotape, photograph or other similar visual reproduction or depiction by computer in which the child or person with a severe or profound intellectual disability is or will be depicted, actually or by simulation, in any act, pose or setting described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
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|
(5) is a parent, step-parent, legal guardian or other
|
| person having care or custody of a child whom the person knows or reasonably should know to be under the age of 18 or a person with a severe or profound intellectual disability and who knowingly permits, induces, promotes, or arranges for such child or person with a severe or profound intellectual disability to appear in any stage play, live performance, film, videotape, photograph or other similar visual presentation, portrayal or simulation or depiction by computer of any act or activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
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|
(6) with knowledge of the nature or content thereof,
|
| possesses any film, videotape, photograph or other similar visual reproduction or depiction by computer of any child or person with a severe or profound intellectual disability whom the person knows or reasonably should know to be under the age of 18 or to be a person with a severe or profound intellectual disability, engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
|
|
(7) solicits, or knowingly uses, persuades, induces,
|
| entices, or coerces, a person to provide a child under the age of 18 or a person with a severe or profound intellectual disability to appear in any videotape, photograph, film, stage play, live presentation, or other similar visual reproduction or depiction by computer in which the child or person with a severe or profound intellectual disability will be depicted, actually or by simulation, in any act, pose, or setting described in subparagraphs (i) through (vii) of paragraph (1) of this subsection.
|
|
(a-5) The possession of each individual film, videotape, photograph, or other similar visual reproduction or depiction by computer in violation of this Section constitutes a single and separate violation. This subsection (a-5) does not apply to multiple copies of the same film, videotape, photograph, or other similar visual reproduction or depiction by computer that are identical to each other.
(b)(1) It shall be an affirmative defense to a charge of child
pornography that the defendant reasonably believed, under all of the
circumstances, that the child was 18 years of age or older or that the
person was not a person with a severe or profound intellectual disability but only where, prior to the act or acts giving rise to a
prosecution under this Section, he or she took some affirmative action or made a
bonafide inquiry designed to ascertain whether the child was 18 years of
age or older or that the person was not a person with a severe or profound intellectual disability and his or her reliance upon the information
so obtained was clearly reasonable.
(1.5) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.
(2) (Blank).
(3) The charge of child pornography shall not apply to the performance
of official duties by law enforcement or prosecuting officers or persons employed by law enforcement or prosecuting agencies, court personnel
or attorneys, nor to bonafide treatment or professional education programs
conducted by licensed physicians, psychologists or social workers. In any criminal proceeding, any property or material that constitutes child pornography shall remain in the care, custody, and control of either the State or the court. A motion to view the evidence shall comply with subsection (e-5) of this Section.
(4) If the defendant possessed more than one of the same film,
videotape or visual reproduction or depiction by computer in which child
pornography is depicted, then the trier of fact may infer
that the defendant possessed such
materials with the intent to disseminate them.
(5) The charge of child pornography does not apply to a person who does
not voluntarily possess a film, videotape, or visual reproduction or depiction
by computer in which child pornography is depicted. Possession is voluntary if
the defendant knowingly procures or receives a film, videotape, or visual
reproduction or depiction for a sufficient time to be able to terminate his
or her possession.
(6) Any violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) that includes a child engaged in, solicited for, depicted in, or posed in any act of sexual penetration or bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in a sexual context shall be deemed a crime of violence.
(c) If the violation does not involve a film, videotape, or other moving depiction, a violation of paragraph (1), (4), (5), or (7) of subsection (a) is a
Class 1 felony with a mandatory minimum fine of $2,000 and a maximum fine of
$100,000. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (1), (4), (5), or (7) of subsection (a) is a
Class X felony with a mandatory minimum fine of $2,000 and a maximum fine of
$100,000. If the violation does not involve a film, videotape, or other moving depiction, a violation of paragraph (3) of subsection (a) is a Class 1 felony
with a mandatory minimum fine of $1500 and a maximum fine of $100,000. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (3) of subsection (a) is a Class X felony
with a mandatory minimum fine of $1500 and a maximum fine of $100,000.
If the violation does not involve a film, videotape, or other moving depiction, a violation
of paragraph (2) of subsection (a) is a Class 1 felony with a
mandatory minimum fine of $1000 and a maximum fine of $100,000. If the violation involves a film, videotape, or other moving depiction, a violation of paragraph (2) of subsection (a) is a Class X felony with a
mandatory minimum fine of $1000 and a maximum fine of $100,000. If the violation does not involve a film, videotape, or other moving depiction, a violation of
paragraph (6) of subsection (a) is a Class 3 felony with a mandatory
minimum fine of $1000 and a maximum fine of $100,000. If the violation involves a film, videotape, or other moving depiction, a violation of
paragraph (6) of subsection (a) is a Class 2 felony with a mandatory
minimum fine of $1000 and a maximum fine of $100,000.
(c-5) Where the child depicted is under the age of 13, a violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is a Class X felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000. Where the child depicted is under the age of 13, a violation of paragraph (6) of subsection (a) is a Class 2 felony with a mandatory minimum fine of $1,000 and a maximum fine of $100,000. Where the child depicted is under the age of 13, a person who commits a violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) where the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses, is guilty of a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 9 years with a mandatory minimum fine of $2,000 and a maximum fine of $100,000.
Where the child depicted is under the age of 13, a person who commits a violation of paragraph (6) of subsection (a) where the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses, is guilty of a Class 1 felony with a mandatory minimum fine of $1,000 and a maximum fine of $100,000. The issue of whether the child depicted is under the age of 13 is an element of the offense to be resolved by the trier of fact.
(d) If a person is convicted of a second or subsequent violation of
this Section within 10 years of a prior conviction, the court shall order a
presentence psychiatric examination of the person. The examiner shall report
to the court whether treatment of the person is necessary.
(e) Any film, videotape, photograph or other similar visual reproduction
or depiction by computer which includes a child under the age of 18 or a
person with a severe or profound intellectual disability engaged in any activity
described in subparagraphs (i) through (vii) or paragraph 1 of subsection
(a), and any material or equipment used or intended for use in photographing,
filming, printing, producing, reproducing, manufacturing, projecting,
exhibiting, depiction by computer, or disseminating such material shall be
seized and forfeited in the manner, method and procedure provided by Section
36-1 of this Code for the seizure and forfeiture of vessels, vehicles and
aircraft.
In addition, any person convicted under this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(e-5) Upon the conclusion of a case brought under this Section, the court
shall seal all evidence depicting a victim or witness that is sexually
explicit. The evidence may be unsealed and viewed, on a motion of the party
seeking to unseal and view the evidence, only for good cause shown and in the
discretion of the court. The motion must expressly set forth the purpose for
viewing the material. The State's attorney and the victim, if possible, shall
be provided reasonable notice of the hearing on the motion to unseal the
evidence. Any person entitled to notice of a hearing under this subsection
(e-5) may object to the motion.
(f) Definitions. For the purposes of this Section:
(1) "Disseminate" means (i) to sell, distribute,
|
| exchange or transfer possession, whether with or without consideration or (ii) to make a depiction by computer available for distribution or downloading through the facilities of any telecommunications network or through any other means of transferring computer programs or data to a computer.
|
|
(2) "Produce" means to direct, promote, advertise,
|
| publish, manufacture, issue, present or show.
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|
(3) "Reproduce" means to make a duplication or copy.
(4) "Depict by computer" means to generate or create,
|
| or cause to be created or generated, a computer program or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display.
|
|
(5) "Depiction by computer" means a computer program
|
| or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display.
|
|
(6) "Computer", "computer program", and "data" have
|
| the meanings ascribed to them in Section 17.05 of this Code.
|
|
(7) For the purposes of this Section, "child
|
| pornography" includes a film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer that is, or appears to be, that of a person, either in part, or in total, under the age of 18 or a person with a severe or profound intellectual disability, regardless of the method by which the film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer is created, adopted, or modified to appear as such. "Child pornography" also includes a film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer that is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer is of a person under the age of 18 or a person with a severe or profound intellectual disability.
|
|
(g) Re-enactment; findings; purposes.
(1) The General Assembly finds and declares that:
(i) Section 50-5 of Public Act 88-680, effective
|
| January 1, 1995, contained provisions amending the child pornography statute, Section 11-20.1 of the Criminal Code of 1961. Section 50-5 also contained other provisions.
|
|
(ii) In addition, Public Act 88-680 was entitled
|
| "AN ACT to create a Safe Neighborhoods Law". (A) Article 5 was entitled JUVENILE JUSTICE and amended the Juvenile Court Act of 1987. (B) Article 15 was entitled GANGS and amended various provisions of the Criminal Code of 1961 and the Unified Code of Corrections. (C) Article 20 was entitled ALCOHOL ABUSE and amended various provisions of the Illinois Vehicle Code. (D) Article 25 was entitled DRUG ABUSE and amended the Cannabis Control Act and the Illinois Controlled Substances Act. (E) Article 30 was entitled FIREARMS and amended the Criminal Code of 1961 and the Code of Criminal Procedure of 1963. (F) Article 35 amended the Criminal Code of 1961, the Rights of Crime Victims and Witnesses Act, and the Unified Code of Corrections. (G) Article 40 amended the Criminal Code of 1961 to increase the penalty for compelling organization membership of persons. (H) Article 45 created the Secure Residential Youth Care Facility Licensing Act and amended the State Finance Act, the Juvenile Court Act of 1987, the Unified Code of Corrections, and the Private Correctional Facility Moratorium Act. (I) Article 50 amended the WIC Vendor Management Act, the Firearm Owners Identification Card Act, the Juvenile Court Act of 1987, the Criminal Code of 1961, the Wrongs to Children Act, and the Unified Code of Corrections.
|
|
(iii) On September 22, 1998, the Third District
|
| Appellate Court in People v. Dainty, 701 N.E. 2d 118, ruled that Public Act 88-680 violates the single subject clause of the Illinois Constitution (Article IV, Section 8 (d)) and was unconstitutional in its entirety. As of the time this amendatory Act of 1999 was prepared, People v. Dainty was still subject to appeal.
|
|
(iv) Child pornography is a vital concern to the
|
| people of this State and the validity of future prosecutions under the child pornography statute of the Criminal Code of 1961 is in grave doubt.
|
|
(2) It is the purpose of this amendatory Act of 1999
|
| to prevent or minimize any problems relating to prosecutions for child pornography that may result from challenges to the constitutional validity of Public Act 88-680 by re-enacting the Section relating to child pornography that was included in Public Act 88-680.
|
|
(3) This amendatory Act of 1999 re-enacts Section
|
| 11-20.1 of the Criminal Code of 1961, as it has been amended. This re-enactment is intended to remove any question as to the validity or content of that Section; it is not intended to supersede any other Public Act that amends the text of the Section as set forth in this amendatory Act of 1999. The material is shown as existing text (i.e., without underscoring) because, as of the time this amendatory Act of 1999 was prepared, People v. Dainty was subject to appeal to the Illinois Supreme Court.
|
|
(4) The re-enactment by this amendatory Act of 1999
|
| of Section 11-20.1 of the Criminal Code of 1961 relating to child pornography that was amended by Public Act 88-680 is not intended, and shall not be construed, to imply that Public Act 88-680 is invalid or to limit or impair any legal argument concerning whether those provisions were substantially re-enacted by other Public Acts.
|
|
(Source: P.A. 101-87, eff. 1-1-20; 102-567, eff. 1-1-22.)
|
(720 ILCS 5/11-21) (from Ch. 38, par. 11-21)
Sec. 11-21. Harmful material.
(a) As used in this Section:
"Distribute" means to transfer possession of, whether |
| with or without consideration.
|
|
"Harmful to minors" means that quality of any
|
| description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when, taken as a whole, it (i) predominately appeals to the prurient interest in sex of minors, (ii) is patently offensive to prevailing standards in the adult community in the State as a whole with respect to what is suitable material for minors, and (iii) lacks serious literary, artistic, political, or scientific value for minors.
|
|
"Knowingly" means having knowledge of the contents of
|
| the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents.
|
|
"Material" means (i) any picture, photograph,
|
| drawing, sculpture, film, video game, computer game, video or similar visual depiction, including any such representation or image which is stored electronically, or (ii) any book, magazine, printed matter however reproduced, or recorded audio of any sort.
|
|
"Minor" means any person under the age of 18.
"Nudity" means the showing of the human male or
|
| female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
|
|
"Sado-masochistic abuse" means flagellation or
|
| torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one clothed for sexual gratification or stimulation.
|
|
"Sexual conduct" means acts of masturbation, sexual
|
| intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.
|
|
"Sexual excitement" means the condition of human male
|
| or female genitals when in a state of sexual stimulation or arousal.
|
|
(b) A person is guilty of distributing harmful material to a minor when he or she:
(1) knowingly sells, lends, distributes, exhibits to,
|
| depicts to, or gives away to a minor, knowing that the minor is under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age:
|
|
(A) any material which depicts nudity, sexual
|
| conduct or sado-masochistic abuse, or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse, and which taken as a whole is harmful to minors;
|
|
(B) a motion picture, show, or other presentation
|
| which depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors; or
|
|
(C) an admission ticket or pass to premises where
|
| there is exhibited or to be exhibited such a motion picture, show, or other presentation; or
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|
(2) admits a minor to premises where there is
|
| exhibited or to be exhibited such a motion picture, show, or other presentation, knowing that the minor is a person under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age.
|
|
(c) In any prosecution arising under this Section, it is an affirmative defense:
(1) that the minor as to whom the offense is alleged
|
| to have been committed exhibited to the accused a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the minor was 18 years of age or older, which was relied upon by the accused;
|
|
(2) that the defendant was in a parental or
|
| guardianship relationship with the minor or that the minor was accompanied by a parent or legal guardian;
|
|
(3) that the defendant was a bona fide school,
|
| museum, or public library, or was a person acting in the course of his or her employment as an employee or official of such organization or retail outlet affiliated with and serving the educational purpose of such organization;
|
|
(4) that the act charged was committed in aid of
|
| legitimate scientific or educational purposes; or
|
|
(5) that an advertisement of harmful material as
|
| defined in this Section culminated in the sale or distribution of such harmful material to a child under circumstances where there was no personal confrontation of the child by the defendant, his or her employees, or agents, as where the order or request for such harmful material was transmitted by mail, telephone, Internet or similar means of communication, and delivery of such harmful material to the child was by mail, freight, Internet or similar means of transport, which advertisement contained the following statement, or a substantially similar statement, and that the defendant required the purchaser to certify that he or she was not under the age of 18 and that the purchaser falsely stated that he or she was not under the age of 18: "NOTICE: It is unlawful for any person under the age of 18 to purchase the matter advertised. Any person under the age of 18 that falsely states that he or she is not under the age of 18 for the purpose of obtaining the material advertised is guilty of a Class B misdemeanor under the laws of the State."
|
|
(d) The predominant appeal to prurient interest of the material shall be judged with reference to average children of the same general age of the child to whom such material was sold, lent, distributed or given, unless it appears from the nature of the matter or the circumstances of its dissemination or distribution that it is designed for specially susceptible groups, in which case the predominant appeal of the material shall be judged with reference to its intended or probable recipient group.
(e) Distribution of harmful material in violation of this Section is a Class A misdemeanor. A second or subsequent offense is a Class 4 felony.
(f) Any person under the age of 18 who falsely states, either orally or in writing, that he or she is not under the age of 18, or who presents or offers to any person any evidence of age and identity that is false or not actually his or her own with the intent of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view any harmful material is guilty of a Class B misdemeanor.
(g) A person over the age of 18 who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes to, or sends, or causes to be sent, or exhibits to, or offers to distribute, or exhibits any harmful material to a person that he or she believes is a minor is guilty of a Class A misdemeanor. If that person utilized a computer web camera, cellular telephone, or any other type of device to manufacture the harmful material, then each offense is a Class 4 felony.
(h) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.
(Source: P.A. 99-642, eff. 7-28-16.)
|
(720 ILCS 5/11-23.5) Sec. 11-23.5. Non-consensual dissemination of private sexual images. (a) Definitions. For the purposes of this Section: "Computer", "computer program", and "data" have the |
| meanings ascribed to them in Section 17-0.5 of this Code.
|
|
"Image" includes a photograph, film, videotape,
|
| digital recording, or other depiction or portrayal of an object, including a human body.
|
|
"Intimate parts" means the fully unclothed, partially
|
| unclothed or transparently clothed genitals, pubic area, anus, or if the person is female, a partially or fully exposed nipple, including exposure through transparent clothing.
|
|
"Sexual act" means sexual penetration, masturbation,
|
|
"Sexual activity" means any:
(1) knowing touching or fondling by the victim or
|
| another person or animal, either directly or through clothing, of the sex organs, anus, or breast of the victim or another person or animal for the purpose of sexual gratification or arousal; or
|
|
(2) any transfer or transmission of semen upon
|
| any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or another; or
|
|
(3) an act of urination within a sexual context;
|
|
(4) any bondage, fetter, or sadism masochism; or
(5) sadomasochism abuse in any sexual context.
(b) A person commits non-consensual dissemination of private sexual images when he or she:
(1) intentionally disseminates an image of another
|
|
(A) who is at least 18 years of age; and
(B) who is identifiable from the image itself or
|
| information displayed in connection with the image; and
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|
(C) who is engaged in a sexual act or whose
|
| intimate parts are exposed, in whole or in part; and
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|
(2) obtains the image under circumstances in which a
|
| reasonable person would know or understand that the image was to remain private; and
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|
(3) knows or should have known that the person in the
|
| image has not consented to the dissemination.
|
|
(c) The following activities are exempt from the provisions of this Section:
(1) The intentional dissemination of an image of
|
| another identifiable person who is engaged in a sexual act or whose intimate parts are exposed when the dissemination is made for the purpose of a criminal investigation that is otherwise lawful.
|
|
(2) The intentional dissemination of an image of
|
| another identifiable person who is engaged in a sexual act or whose intimate parts are exposed when the dissemination is for the purpose of, or in connection with, the reporting of unlawful conduct.
|
|
(3) The intentional dissemination of an image of
|
| another identifiable person who is engaged in a sexual act or whose intimate parts are exposed when the images involve voluntary exposure in public or commercial settings.
|
|
(4) The intentional dissemination of an image of
|
| another identifiable person who is engaged in a sexual act or whose intimate parts are exposed when the dissemination serves a lawful public purpose.
|
|
(d) Nothing in this Section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person:
(1) an interactive computer service, as defined in 47
|
|
(2) a provider of public mobile services or private
|
| radio services, as defined in Section 13-214 of the Public Utilities Act; or
|
|
(3) a telecommunications network or broadband
|
|
(e) A person convicted under this Section is subject to the forfeiture provisions in Article 124B of the Code of Criminal Procedure of 1963.
(f) Sentence. Non-consensual dissemination of private sexual images is a Class 4 felony.
(Source: P.A. 98-1138, eff. 6-1-15.)
|
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(a) Offense based on location of conduct. A person commits aggravated assault when he or she commits an assault against an individual who is on or about a public way, public property, a public place of accommodation or amusement, or a sports venue, or in a church, synagogue, mosque, or other building, structure, or place used for religious worship. (b) Offense based on status of victim. A person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be any of the following: (1) A person with a physical disability or a person |
| 60 years of age or older and the assault is without legal justification.
|
|
(2) A teacher or school employee upon school grounds
|
| or grounds adjacent to a school or in any part of a building used for school purposes.
|
|
(3) A park district employee upon park grounds or
|
| grounds adjacent to a park or in any part of a building used for park purposes.
|
|
(4) A community policing volunteer, private security
|
| officer, or utility worker:
|
|
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
|
|
(iii) assaulted in retaliation for performing his
|
|
(4.1) A peace officer, fireman, emergency management
|
| worker, or emergency medical services personnel:
|
|
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
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|
(iii) assaulted in retaliation for performing his
|
|
(5) A correctional officer or probation officer:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
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|
(iii) assaulted in retaliation for performing
|
| his or her official duties.
|
|
(6) A correctional institution employee, a county
|
| juvenile detention center employee who provides direct and continuous supervision of residents of a juvenile detention center, including a county juvenile detention center employee who supervises recreational activity for residents of a juvenile detention center, or a Department of Human Services employee, Department of Human Services officer, or employee of a subcontractor of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons:
|
|
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
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|
(iii) assaulted in retaliation for performing his
|
|
(7) An employee of the State of Illinois, a municipal
|
| corporation therein, or a political subdivision thereof, performing his or her official duties.
|
|
(8) A transit employee performing his or her official
|
| duties, or a transit passenger.
|
|
(9) A sports official or coach actively participating
|
| in any level of athletic competition within a sports venue, on an indoor playing field or outdoor playing field, or within the immediate vicinity of such a facility or field.
|
|
(10) A person authorized to serve process under
|
| Section 2-202 of the Code of Civil Procedure or a special process server appointed by the circuit court, while that individual is in the performance of his or her duties as a process server.
|
|
(c) Offense based on use of firearm, device, or motor vehicle. A person commits aggravated assault when, in committing an assault, he or she does any of the following:
(1) Uses a deadly weapon, an air rifle as defined in
|
| Section 24.8-0.1 of this Act, or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm.
|
|
(2) Discharges a firearm, other than from a motor
|
|
(3) Discharges a firearm from a motor vehicle.
(4) Wears a hood, robe, or mask to conceal his or her
|
|
(5) Knowingly and without lawful justification shines
|
| or flashes a laser gun sight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes near or in the immediate vicinity of any person.
|
|
(6) Uses a firearm, other than by discharging the
|
| firearm, against a peace officer, community policing volunteer, fireman, private security officer, emergency management worker, emergency medical services personnel, employee of a police department, employee of a sheriff's department, or traffic control municipal employee:
|
|
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
|
|
(iii) assaulted in retaliation for performing his
|
|
(7) Without justification operates a motor vehicle in
|
| a manner which places a person, other than a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.
|
|
(8) Without justification operates a motor vehicle in
|
| a manner which places a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.
|
|
(9) Knowingly video or audio records the offense
|
| with the intent to disseminate the recording.
|
|
(d) Sentence. Aggravated assault as defined in subdivision (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that aggravated assault as defined in subdivision (b)(4) and (b)(7) is a Class 4 felony if a Category I, Category II, or Category III weapon is used in the commission of the assault. Aggravated assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. Aggravated assault as defined in subdivision (c)(3) or (c)(8) is a Class 3 felony.
(e) For the purposes of this Section, "Category I weapon", "Category II weapon", and "Category III weapon" have the meanings ascribed to those terms in Section 33A-1 of this Code.
(Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)
|
(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
Sec. 12-3.05. Aggravated battery.
(a) Offense based on injury. A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she knowingly does any of the following: (1) Causes great bodily harm or permanent disability |
|
(2) Causes severe and permanent disability, great
|
| bodily harm, or disfigurement by means of a caustic or flammable substance, a poisonous gas, a deadly biological or chemical contaminant or agent, a radioactive substance, or a bomb or explosive compound.
|
|
(3) Causes great bodily harm or permanent disability
|
| or disfigurement to an individual whom the person knows to be a peace officer, community policing volunteer, fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons:
|
|
(i) performing his or her official duties;
(ii) battered to prevent performance of his or
|
|
(iii) battered in retaliation for performing his
|
|
(4) Causes great bodily harm or permanent disability
|
| or disfigurement to an individual 60 years of age or older.
|
|
(5) Strangles another individual.
(b) Offense based on injury to a child or person with an intellectual disability. A person who is at least 18 years of age commits aggravated battery when, in committing a battery, he or she knowingly and without legal justification by any means:
(1) causes great bodily harm or permanent disability
|
| or disfigurement to any child under the age of 13 years, or to any person with a severe or profound intellectual disability; or
|
|
(2) causes bodily harm or disability or disfigurement
|
| to any child under the age of 13 years or to any person with a severe or profound intellectual disability.
|
|
(c) Offense based on location of conduct. A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she is or the person battered is on or about a public way, public property, a public place of accommodation or amusement, a sports venue, or a domestic violence shelter, or in a church, synagogue, mosque, or other building, structure, or place used for religious worship.
(d) Offense based on status of victim. A person commits aggravated battery when, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be any of the following:
(1) A person 60 years of age or older.
(2) A person who is pregnant or has a physical
|
|
(3) A teacher or school employee upon school grounds
|
| or grounds adjacent to a school or in any part of a building used for school purposes.
|
|
(4) A peace officer, community policing volunteer,
|
| fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons:
|
|
(i) performing his or her official duties;
(ii) battered to prevent performance of his or
|
|
(iii) battered in retaliation for performing his
|
|
(5) A judge, emergency management worker, emergency
|
| medical services personnel, or utility worker:
|
|
(i) performing his or her official duties;
(ii) battered to prevent performance of his or
|
|
(iii) battered in retaliation for performing his
|
|
(6) An officer or employee of the State of Illinois,
|
| a unit of local government, or a school district, while performing his or her official duties.
|
|
(7) A transit employee performing his or her official
|
| duties, or a transit passenger.
|
|
(8) A taxi driver on duty.
(9) A merchant who detains the person for an alleged
|
| commission of retail theft under Section 16-26 of this Code and the person without legal justification by any means causes bodily harm to the merchant.
|
|
(10) A person authorized to serve process under
|
| Section 2-202 of the Code of Civil Procedure or a special process server appointed by the circuit court while that individual is in the performance of his or her duties as a process server.
|
|
(11) A nurse while in the performance of his or her
|
|
(12) A merchant: (i) while performing his or her
|
| duties, including, but not limited to, relaying directions for healthcare or safety from his or her supervisor or employer or relaying health or safety guidelines, recommendations, regulations, or rules from a federal, State, or local public health agency; and (ii) during a disaster declared by the Governor, or a state of emergency declared by the mayor of the municipality in which the merchant is located, due to a public health emergency and for a period of 6 months after such declaration.
|
|
(e) Offense based on use of a firearm. A person commits aggravated battery when, in committing a battery, he or she knowingly does any of the following:
(1) Discharges a firearm, other than a machine gun or
|
| a firearm equipped with a silencer, and causes any injury to another person.
|
|
(2) Discharges a firearm, other than a machine gun or
|
| a firearm equipped with a silencer, and causes any injury to a person he or she knows to be a peace officer, community policing volunteer, person summoned by a police officer, fireman, private security officer, correctional institution employee, or emergency management worker:
|
|
(i) performing his or her official duties;
(ii) battered to prevent performance of his or
|
|
(iii) battered in retaliation for performing his
|
|
(3) Discharges a firearm, other than a machine gun or
|
| a firearm equipped with a silencer, and causes any injury to a person he or she knows to be emergency medical services personnel:
|
|
(i) performing his or her official duties;
(ii) battered to prevent performance of his or
|
|
(iii) battered in retaliation for performing his
|
|
(4) Discharges a firearm and causes any injury to a
|
| person he or she knows to be a teacher, a student in a school, or a school employee, and the teacher, student, or employee is upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
|
|
(5) Discharges a machine gun or a firearm equipped
|
| with a silencer, and causes any injury to another person.
|
|
(6) Discharges a machine gun or a firearm equipped
|
| with a silencer, and causes any injury to a person he or she knows to be a peace officer, community policing volunteer, person summoned by a police officer, fireman, private security officer, correctional institution employee or emergency management worker:
|
|
(i) performing his or her official duties;
(ii) battered to prevent performance of his or
|
|
(iii) battered in retaliation for performing his
|
|
(7) Discharges a machine gun or a firearm equipped
|
| with a silencer, and causes any injury to a person he or she knows to be emergency medical services personnel:
|
|
(i) performing his or her official duties;
(ii) battered to prevent performance of his or
|
|
(iii) battered in retaliation for performing his
|
|
(8) Discharges a machine gun or a firearm equipped
|
| with a silencer, and causes any injury to a person he or she knows to be a teacher, or a student in a school, or a school employee, and the teacher, student, or employee is upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
|
|
(f) Offense based on use of a weapon or device. A person commits aggravated battery when, in committing a battery, he or she does any of the following:
(1) Uses a deadly weapon other than by discharge of a
|
| firearm, or uses an air rifle as defined in Section 24.8-0.1 of this Code.
|
|
(2) Wears a hood, robe, or mask to conceal his or her
|
|
(3) Knowingly and without lawful justification shines
|
| or flashes a laser gunsight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes upon or against the person of another.
|
|
(4) Knowingly video or audio records the offense with
|
| the intent to disseminate the recording.
|
|
(g) Offense based on certain conduct. A person commits aggravated battery when, other than by discharge of a firearm, he or she does any of the following:
(1) Violates Section 401 of the Illinois Controlled
|
| Substances Act by unlawfully delivering a controlled substance to another and any user experiences great bodily harm or permanent disability as a result of the injection, inhalation, or ingestion of any amount of the controlled substance.
|
|
(2) Knowingly administers to an individual or causes
|
| him or her to take, without his or her consent or by threat or deception, and for other than medical purposes, any intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled substance, or gives to another person any food containing any substance or object intended to cause physical injury if eaten.
|
|
(3) Knowingly causes or attempts to cause a
|
| correctional institution employee or Department of Human Services employee to come into contact with blood, seminal fluid, urine, or feces by throwing, tossing, or expelling the fluid or material, and the person is an inmate of a penal institution or is a sexually dangerous person or sexually violent person in the custody of the Department of Human Services.
|
|
(h) Sentence. Unless otherwise provided, aggravated battery is a Class 3 felony.
Aggravated battery as defined in subdivision (a)(4), (d)(4), or (g)(3) is a Class 2 felony.
Aggravated battery as defined in subdivision (a)(3) or (g)(1) is a Class 1 felony.
Aggravated battery as defined in subdivision (a)(1) is a Class 1 felony when the aggravated battery was intentional and involved the infliction of torture, as defined in paragraph (10) of subsection (b-5) of Section 5-8-1 of the Unified Code of Corrections, as the infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering, or agony of the victim.
Aggravated battery as defined in subdivision (a)(1) is a Class 2 felony when the person causes great bodily harm or permanent disability to an individual whom the person knows to be a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship.
Aggravated battery under subdivision (a)(5) is a
Class 1 felony if:
(A) the person used or attempted to use a dangerous
|
| instrument while committing the offense;
|
|
(B) the person caused great bodily harm or permanent
|
| disability or disfigurement to the other person while committing the offense; or
|
|
(C) the person has been previously convicted of a
|
| violation of subdivision (a)(5) under the laws of this State or laws similar to subdivision (a)(5) of any other state.
|
|
Aggravated battery as defined in subdivision (e)(1) is a Class X felony.
Aggravated battery as defined in subdivision (a)(2) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 6 years and a maximum of 45 years.
Aggravated battery as defined in subdivision (e)(5) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 12 years and a maximum of 45 years.
Aggravated battery as defined in subdivision (e)(2), (e)(3), or (e)(4) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 15 years and a maximum of 60 years.
Aggravated battery as defined in subdivision (e)(6), (e)(7), or (e)(8) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 20 years and a maximum of 60 years.
Aggravated battery as defined in subdivision (b)(1) is a Class X felony, except that:
(1) if the person committed the offense while armed
|
| with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
|
|
(2) if, during the commission of the offense, the
|
| person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
|
|
(3) if, during the commission of the offense, the
|
| person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
|
|
(i) Definitions. In this Section:
"Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in Section 1 of the Domestic Violence Shelters Act.
"Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986.
"Domestic violence shelter" means any building or other structure used to provide shelter or other services to victims or to the dependent children of victims of domestic violence pursuant to the Illinois Domestic Violence Act of 1986 or the Domestic Violence Shelters Act, or any place within 500 feet of such a building or other structure in the case of a person who is going to or from such a building or other structure.
"Firearm" has the meaning provided under Section 1.1
of the Firearm Owners Identification Card Act, and does
not include an air rifle as defined by Section 24.8-0.1 of this Code.
"Machine gun" has the meaning ascribed to it in Section 24-1 of this Code.
"Merchant" has the meaning ascribed to it in Section 16-0.1 of this Code.
"Strangle" means
intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat
or neck of that individual or by blocking the nose or mouth of
that individual.
(Source: P.A. 103-51, eff. 1-1-24.)
|
(720 ILCS 5/12-4.4a) Sec. 12-4.4a. Abuse or criminal neglect of a long term care facility resident; criminal abuse or neglect of an elderly person or person with a disability. (a) Abuse or criminal neglect of a long term care facility resident. (1) A person or an owner or licensee commits abuse of |
| a long term care facility resident when he or she knowingly causes any physical or mental injury to, or commits any sexual offense in this Code against, a resident.
|
|
(2) A person or an owner or licensee commits criminal
|
| neglect of a long term care facility resident when he or she recklessly:
|
|
(A) performs acts that cause a resident's life to
|
| be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate, or that create the substantial likelihood that a resident's life will be endangered, health will be injured, or pre-existing physical or mental condition will deteriorate;
|
|
(B) fails to perform acts that he or she knows or
|
| reasonably should know are necessary to maintain or preserve the life or health of a resident, and that failure causes the resident's life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate, or that create the substantial likelihood that a resident's life will be endangered, health will be injured, or pre-existing physical or mental condition will deteriorate; or
|
|
(C) abandons a resident.
(3) A person or an owner or licensee commits neglect
|
| of a long term care facility resident when he or she negligently fails to provide adequate medical care, personal care, or maintenance to the resident which results in physical or mental injury or deterioration of the resident's physical or mental condition. An owner or licensee is guilty under this subdivision (a)(3), however, only if the owner or licensee failed to exercise reasonable care in the hiring, training, supervising, or providing of staff or other related routine administrative responsibilities.
|
|
(b) Criminal abuse or neglect of an elderly person or person with a disability.
(1) A caregiver commits criminal abuse or neglect of
|
| an elderly person or person with a disability when he or she knowingly does any of the following:
|
|
(A) performs acts that cause the person's life to
|
| be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate;
|
|
(B) fails to perform acts that he or she knows or
|
| reasonably should know are necessary to maintain or preserve the life or health of the person, and that failure causes the person's life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate;
|
|
(C) abandons the person;
(D) physically abuses, harasses, intimidates, or
|
| interferes with the personal liberty of the person; or
|
|
(E) exposes the person to willful deprivation.
(2) It is not a defense to criminal abuse or neglect
|
| of an elderly person or person with a disability that the caregiver reasonably believed that the victim was not an elderly person or person with a disability.
|
|
(c) Offense not applicable.
(1) Nothing in this Section applies to a physician
|
| licensed to practice medicine in all its branches or a duly licensed nurse providing care within the scope of his or her professional judgment and within the accepted standards of care within the community.
|
|
(2) Nothing in this Section imposes criminal
|
| liability on a caregiver who made a good faith effort to provide for the health and personal care of an elderly person or person with a disability, but through no fault of his or her own was unable to provide such care.
|
|
(3) Nothing in this Section applies to the medical
|
| supervision, regulation, or control of the remedial care or treatment of residents in a long term care facility conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denomination as described in Section 3-803 of the Nursing Home Care Act, Section 1-102 of the Specialized Mental Health Rehabilitation Act of 2013, Section 3-803 of the ID/DD Community Care Act, or Section 3-803 of the MC/DD Act.
|
|
(4) Nothing in this Section prohibits a caregiver
|
| from providing treatment to an elderly person or person with a disability by spiritual means through prayer alone and care consistent therewith in lieu of medical care and treatment in accordance with the tenets and practices of any church or religious denomination of which the elderly person or person with a disability is a member.
|
|
(5) Nothing in this Section limits the remedies
|
| available to the victim under the Illinois Domestic Violence Act of 1986.
|
|
(d) Sentence.
(1) Long term care facility. Abuse of a long term
|
| care facility resident is a Class 3 felony. Criminal neglect of a long term care facility resident is a Class 4 felony, unless it results in the resident's death in which case it is a Class 3 felony. Neglect of a long term care facility resident is a petty offense.
|
|
(2) Caregiver. Criminal abuse or neglect of an
|
| elderly person or person with a disability is a Class 3 felony, unless it results in the person's death in which case it is a Class 2 felony, and if imprisonment is imposed it shall be for a minimum term of 3 years and a maximum term of 14 years.
|
|
(e) Definitions. For the purposes of this Section:
"Abandon" means to desert or knowingly forsake a resident or an elderly person or person with a disability under circumstances in which a reasonable person would continue to provide care and custody.
"Caregiver" means a person who has a duty to provide for an elderly person or person with a disability's health and personal care, at the elderly person or person with a disability's place of residence, including, but not limited to, food and nutrition, shelter, hygiene, prescribed medication, and medical care and treatment, and includes any of the following:
(1) A parent, spouse, adult child, or other relative
|
| by blood or marriage who resides with or resides in the same building with or regularly visits the elderly person or person with a disability, knows or reasonably should know of such person's physical or mental impairment, and knows or reasonably should know that such person is unable to adequately provide for his or her own health and personal care.
|
|
(2) A person who is employed by the elderly person or
|
| person with a disability or by another to reside with or regularly visit the elderly person or person with a disability and provide for such person's health and personal care.
|
|
(3) A person who has agreed for consideration to
|
| reside with or regularly visit the elderly person or person with a disability and provide for such person's health and personal care.
|
|
(4) A person who has been appointed by a private or
|
| public agency or by a court of competent jurisdiction to provide for the elderly person or person with a disability's health and personal care.
|
|
"Caregiver" does not include a long-term care facility licensed or certified under the Nursing Home Care Act or a facility licensed or certified under the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013, or any administrative, medical, or other personnel of such a facility, or a health care provider who is licensed under the Medical Practice Act of 1987 and renders care in the ordinary course of his or her profession.
"Elderly person" means a person 60 years of age or older who is incapable of adequately providing for his or her own health and personal care.
"Licensee" means the individual or entity licensed to operate a facility under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, the MC/DD Act, or the Assisted Living and Shared Housing Act.
"Long term care facility" means a private home, institution, building, residence, or other place, whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to Division 5-21 or 5-22 of the Counties Code, or any similar institution operated by the State of Illinois or a political subdivision thereof, which provides, through its ownership or management, personal care, sheltered care, or nursing for 3 or more persons not related to the owner by blood or marriage. The term also includes skilled nursing facilities and intermediate care facilities as defined in Titles XVIII and XIX of the federal Social Security Act and assisted living establishments and shared housing establishments licensed under the Assisted Living and Shared Housing Act.
"Owner" means the owner of a long term care facility as provided in the Nursing Home Care Act, the owner of a facility as provided under the Specialized Mental Health Rehabilitation Act of 2013, the owner of a facility as provided in the ID/DD Community Care Act, the owner of a facility as provided in the MC/DD Act, or the owner of an assisted living or shared housing establishment as provided in the Assisted Living and Shared Housing Act.
"Person with a disability" means a person who suffers from a permanent physical or mental impairment, resulting from disease, injury, functional disorder, or congenital condition, which renders the person incapable of adequately providing for his or her own health and personal care.
"Resident" means a person residing in a long term care facility.
"Willful deprivation" has the meaning ascribed to it in paragraph (15) of Section 103 of the Illinois Domestic Violence Act of 1986.
(Source: P.A. 103-293, eff. 1-1-24.)
|