(720 ILCS 5/12B-10)
For the purposes of this Article, the following terms have the following meanings:
(a) "Video game retailer" means a person who sells or rents video games to the public.
(b) "Video game" means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology.
(c) "Minor" means a person under 18 years of age.
(d) "Person" includes but is not limited to an individual, corporation, partnership, and association.
(e) "Sexually explicit" video games include those that the average person, applying contemporary community standards would find, with respect to minors, is designed to appeal or pander to the prurient interest and depict or represent in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act or a lewd exhibition of the genitals or post-pubescent female breast.
(Source: P.A. 94-315, eff. 1-1-06
(720 ILCS 5/12B-20)
In any prosecution arising under this Article, it is an affirmative defense:
(1) that the defendant was a family member of the
minor for whom the video game was purchased. "Family member" for the purpose of this Section, includes a parent, sibling, grandparent, aunt, uncle, or first cousin;
(2) that the minor who purchased the video game
exhibited 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 the defendant reasonably relied on and reasonably believed to be authentic;
(3) for the video game retailer, if the retail sales
clerk had complete knowledge that the party to whom he or she sold or rented a violent video game was a minor and the clerk sold or rented the video game to the minor with the specific intent to do so; or
(4) that the video game sold or rented was
pre-packaged and rated EC, E10+, E, or T by the Entertainment Software Ratings Board.
(Source: P.A. 94-315, eff. 1-1-06
(720 ILCS 5/12C-10)
(was 720 ILCS 5/12-21.5)
(a) A person commits child abandonment when he or
she, as a parent, guardian, or other person having physical custody or control
of a child, without regard for the mental or physical health, safety, or
welfare of that child, knowingly leaves that child who is under the age of 13
without supervision by a responsible person over the age of 14 for a period of
24 hours or more. It is not a violation of this Section for a person to relinquish a child in accordance with the
Abandoned Newborn Infant Protection Act.
(b) For the purposes of determining whether the child was left without
regard for the mental or physical health, safety, or welfare of that child, the
trier of fact shall consider the following factors:
(1) the age of the child;
(2) the number of children left at the location;
(3) special needs of the child, including whether the
child is a person with a physical or mental disability, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications;
(4) the duration of time in which the child was left
(5) the condition and location of the place where the
child was left without supervision;
(6) the time of day or night when the child was left
(7) the weather conditions, including whether the
child was left in a location with adequate protection from the natural elements such as adequate heat or light;
(8) the location of the parent, guardian, or other
person having physical custody or control of the child at the time the child was left without supervision, the physical distance the child was from the parent, guardian, or other person having physical custody or control of the child at the time the child was without supervision;
(9) whether the child's movement was restricted, or
the child was otherwise locked within a room or other structure;
(10) whether the child was given a phone number of a
person or location to call in the event of an emergency and whether the child was capable of making an emergency call;
(11) whether there was food and other provision left
(12) whether any of the conduct is attributable to
economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the child;
(13) the age and physical and mental capabilities of
the person or persons who provided supervision for the child;
(14) any other factor that would endanger the health
or safety of that particular child;
(15) whether the child was left under the supervision
(c) Child abandonment is a Class 4 felony. A second or subsequent offense
after a prior conviction is a Class 3 felony. A parent, who is found to be in violation of this Section with respect to his or her child, may be sentenced to probation for this offense pursuant to Section 12C-15.
(Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)