(720 ILCS 5/10-5) (from Ch. 38, par. 10-5)
Sec. 10-5. Child abduction.
(a) For purposes of this Section, the following terms have
the following meanings:
(1) "Child" means a person who, at the time the |
| alleged violation occurred, was under the age of 18 or was a person with a severe or profound intellectual disability.
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(2) "Detains" means taking or retaining physical
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| custody of a child, whether or not the child resists or objects.
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(2.1) "Express consent" means oral or written
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| permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning.
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(2.2) "Luring" means any knowing act to solicit,
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| entice, tempt, or attempt to attract the minor.
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(3) "Lawful custodian" means a person or persons
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| granted legal custody of a child or entitled to physical possession of a child pursuant to a court order. It is presumed that, when the parties have never been married to each other, the mother has legal custody of the child unless a valid court order states otherwise. If an adjudication of paternity has been completed and the father has been assigned support obligations or visitation rights, such a paternity order should, for the purposes of this Section, be considered a valid court order granting custody to the mother.
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(4) "Putative father" means a man who has a
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| reasonable belief that he is the father of a child born of a woman who is not his wife.
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(5) "Unlawful purpose" means any misdemeanor or
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| felony violation of State law or a similar federal or sister state law or local ordinance.
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(b) A person commits the offense of child abduction when he or she does any one of the following:
(1) Intentionally violates any terms of a valid court
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| order granting sole or joint custody, care, or possession to another by concealing or detaining the child or removing the child from the jurisdiction of the court.
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(2) Intentionally violates a court order prohibiting
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| the person from concealing or detaining the child or removing the child from the jurisdiction of the court.
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(3) Intentionally conceals, detains, or removes the
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| child without the consent of the mother or lawful custodian of the child if the person is a putative father and either: (A) the paternity of the child has not been legally established or (B) the paternity of the child has been legally established but no orders relating to custody have been entered. Notwithstanding the presumption created by paragraph (3) of subsection (a), however, a mother commits child abduction when she intentionally conceals or removes a child, whom she has abandoned or relinquished custody of, from an unadjudicated father who has provided sole ongoing care and custody of the child in her absence.
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(4) Intentionally conceals or removes the child from
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| a parent after filing a petition or being served with process in an action affecting marriage or paternity but prior to the issuance of a temporary or final order determining custody.
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(5) At the expiration of visitation rights outside
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| the State, intentionally fails or refuses to return or impedes the return of the child to the lawful custodian in Illinois.
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(6) Being a parent of the child, and if the parents
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| of that child are or have been married and there has been no court order of custody, knowingly conceals the child for 15 days, and fails to make reasonable attempts within the 15-day period to notify the other parent as to the specific whereabouts of the child, including a means by which to contact the child, or to arrange reasonable visitation or contact with the child. It is not a violation of this Section for a person fleeing domestic violence to take the child with him or her to housing provided by a domestic violence program.
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(7) Being a parent of the child, and if the parents
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| of the child are or have been married and there has been no court order of custody, knowingly conceals, detains, or removes the child with physical force or threat of physical force.
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(8) Knowingly conceals, detains, or removes the child
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| for payment or promise of payment at the instruction of a person who has no legal right to custody.
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(9) Knowingly retains in this State for 30 days a
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| child removed from another state without the consent of the lawful custodian or in violation of a valid court order of custody.
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(10) Intentionally lures or attempts to lure a child:
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| (A) under the age of 17 or (B) while traveling to or from a primary or secondary school into a motor vehicle, building, housetrailer, or dwelling place without the consent of the child's parent or lawful custodian for other than a lawful purpose. For the purposes of this item (10), the trier of fact may infer that luring or attempted luring of a child under the age of 17 into a motor vehicle, building, housetrailer, or dwelling place without the express consent of the child's parent or lawful custodian or with the intent to avoid the express consent of the child's parent or lawful custodian was for other than a lawful purpose.
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(11) With the intent to obstruct or prevent efforts
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| to locate the child victim of a child abduction, knowingly destroys, alters, conceals, or disguises physical evidence or furnishes false information.
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(c) It is an affirmative defense to subsections (b)(1) through (b)(10) of this Section that:
(1) the person had custody of the child pursuant to a
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| court order granting legal custody or visitation rights that existed at the time of the alleged violation;
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(2) the person had physical custody of the child
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| pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond his or her control, and the person notified and disclosed to the other parent or legal custodian the specific whereabouts of the child and a means by which the child could be contacted or made a reasonable attempt to notify the other parent or lawful custodian of the child of those circumstances and made the disclosure within 24 hours after the visitation period had expired and returned the child as soon as possible;
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(3) the person was fleeing an incidence or pattern of
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(4) the person lured or attempted to lure a child
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| under the age of 17 into a motor vehicle, building, housetrailer, or dwelling place for a lawful purpose in prosecutions under paragraph (10) of subsection (b).
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(d) A person convicted of child abduction under this Section is guilty of
a Class 4 felony. A person convicted of child abduction under subsection (b)(10) shall undergo a sex offender evaluation prior to a sentence being imposed. A person convicted of a second or subsequent violation of
paragraph (10) of subsection (b) of this Section is guilty of a Class 3
felony. A person convicted of child abduction under subsection (b)(10) when the person has a prior conviction of a sex offense as defined in the Sex Offender Registration Act or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense is guilty of a Class 2 felony. It is a factor in aggravation under subsections (b)(1) through (b)(10) of this Section for which a court
may impose a more severe sentence under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V of the Unified Code
of Corrections if, upon sentencing, the court finds evidence of any of the
following aggravating factors:
(1) that the defendant abused or neglected the child
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| following the concealment, detention, or removal of the child;
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(2) that the defendant inflicted or threatened to
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| inflict physical harm on a parent or lawful custodian of the child or on the child with intent to cause that parent or lawful custodian to discontinue criminal prosecution of the defendant under this Section;
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(3) that the defendant demanded payment in exchange
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| for return of the child or demanded that he or she be relieved of the financial or legal obligation to support the child in exchange for return of the child;
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(4) that the defendant has previously been convicted
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(5) that the defendant committed the abduction while
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| armed with a deadly weapon or the taking of the child resulted in serious bodily injury to another; or
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(6) that the defendant committed the abduction while
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| in a school, regardless of the time of day or time of year; in a playground; on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity; on the real property of a school; or on a public way within 1,000 feet of the real property comprising any school or playground. For purposes of this paragraph (6), "playground" means a piece of land owned or 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; and "school" means a public or private elementary or secondary school, community college, college, or university.
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(e) The court may order the child to be returned to the parent or lawful
custodian from whom the child was concealed, detained, or removed. In
addition to any sentence imposed, the court may assess any reasonable
expense incurred in searching for or returning the child against any
person convicted of violating this Section.
(f) Nothing contained in this Section shall be construed to limit the
court's contempt power.
(g) Every law enforcement officer investigating an alleged incident of
child abduction shall make a written police report of any bona fide
allegation and the disposition of that investigation. Every police report
completed pursuant to this Section shall be compiled and recorded within
the meaning of Section 5.1 of the Criminal Identification Act.
(h) Whenever a law enforcement officer has reasons to believe a child
abduction has occurred, she or he shall provide the lawful custodian a summary of
her or his rights under this Code, including the procedures and relief
available to her or him.
(i) If during the course of an investigation under this
Section the child is found in the physical custody of the defendant or
another, the law enforcement officer shall return the child to the parent
or lawful custodian from whom the child was concealed, detained, or removed,
unless there is good cause for the law enforcement officer or the
Department of Children and Family Services to retain temporary protective
custody of the child pursuant to the Abused and Neglected Child Reporting
Act.
(Source: P.A. 99-143, eff. 7-27-15.)
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(720 ILCS 5/10-5.1)
Sec. 10-5.1. Luring of a minor. (a) A person commits the offense of luring of a minor when the offender is 21 years of age or older and knowingly contacts or communicates electronically to the minor: (1) knowing the minor is under 15 years of age; (2) with the intent to persuade, lure or transport |
| the minor away from his or her home, or other location known by the minor's parent or legal guardian to be the place where the minor is to be located;
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(3) for an unlawful purpose;
(4) without the express consent of the person's
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| parent or legal guardian;
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(5) with the intent to avoid the express consent of
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| the person's parent or legal guardian;
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(6) after so communicating, commits any act in
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| furtherance of the intent described in clause (a)(2); and
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(7) is a stranger to the parents or legal guardian of
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(b) A person commits the offense of luring of a minor when the offender is at least 18 years of age but under 21 years of age and knowingly contacts or communicates electronically to the minor:
(1) knowing the minor is under 15 years of age;
(2) with the intent to persuade, lure, or transport
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| the minor away from his or her home or other location known by the minor's parent or legal guardian, to be the place where the minor is to be located;
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(3) for an unlawful purpose;
(4) without the express consent of the person's
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| parent or legal guardian;
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(5) with the intent to avoid the express consent of
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| the person's parent or legal guardian;
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(6) after so communicating, commits any act in
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| furtherance of the intent described in clause (b)(2); and
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(7) is a stranger to the parents or legal guardian of
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(c) Definitions. For purposes of this Section:
(1) "Emergency situation" means a situation in which
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| the minor is threatened with imminent bodily harm, emotional harm or psychological harm.
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(2) "Express consent" means oral or written
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| permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning.
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(3) "Contacts or communicates electronically"
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| includes but is not limited to, any attempt to make contact or communicate telephonically or through the Internet or text messages.
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(4) "Luring" shall mean any knowing act to solicit,
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| entice, tempt, or attempt to attract the minor.
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(5) "Minor" shall mean any person under the age of 15.
(6) "Stranger" shall have its common and ordinary
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| meaning, including but not limited to, a person that is either not known by the parents of the minor or does not have any association with the parents of the minor.
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(7) "Unlawful purpose" shall mean any misdemeanor or
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| felony violation of State law or a similar federal or sister state law or local ordinance.
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(d) This Section may not be interpreted to criminalize an act or person contacting a minor within the scope and course of his employment, or status as a volunteer of a recognized civic, charitable or youth organization.
(e) This Section is intended to protect minors and to help parents and legal guardians exercise reasonable care, supervision, protection, and control over minor children.
(f) Affirmative defenses.
(1) It shall be an affirmative defense to any offense
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| under this Section 10-5.1 that the accused reasonably believed that the minor was over the age of 15.
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(2) It shall be an affirmative defense to any offense
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| under this Section 10-5.1 that the accused is assisting the minor in an emergency situation.
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(3) It shall not be a defense to the prosecution of
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| any offense under this Section 10-5.1 if the person who is contacted by the offender is posing as a minor and is in actuality an adult law enforcement officer.
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(g) Penalties.
(1) A first offense of luring of a minor under
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| subsection (a) shall be a Class 4 felony. A person convicted of luring of a minor under subsection (a) shall undergo a sex offender evaluation prior to a sentence being imposed. An offense of luring of a minor under subsection (a) when a person has a prior conviction in Illinois of a sex offense as defined in the Sex Offender Registration Act, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense, is guilty of a Class 2 felony.
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(2) A first offense of luring of a minor under
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| subsection (b) is a Class B misdemeanor.
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(3) A second or subsequent offense of luring of a
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| minor under subsection (a) is a Class 3 felony. A second or subsequent offense of luring of a minor under subsection (b) is a Class 4 felony. A second or subsequent offense when a person has a prior conviction in Illinois of a sex offense as defined in the Sex Offender Registration Act, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense, is a Class 1 felony. A defendant convicted a second time of an offense under subsection (a) or (b) shall register as a sexual predator of children pursuant to the Sex Offender Registration Act.
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(4) A third or subsequent offense is a Class 1
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| felony. A third or subsequent offense when a person has a prior conviction in Illinois of a sex offense as defined in the Sex Offender Registration Act, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense, is a Class X felony.
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(h) For violations of subsection (a), jurisdiction shall be established if the transmission that constitutes the offense either originates in this State or is received in this State and does not apply to emergency situations. For violations of subsection (b), jurisdiction shall be established in any county where the act in furtherance of the commission of the offense is committed, in the county where the minor resides, or in the county where the offender resides.
(Source: P.A. 95-625, eff. 6-1-08 .)
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(720 ILCS 5/10-9) Sec. 10-9. Trafficking in persons, involuntary servitude, and related offenses. (a) Definitions. In this Section: (1) "Intimidation" has the meaning prescribed in Section 12-6. (2) "Commercial sexual activity" means any sex act on account of which anything of value is given, promised to, or received by any person.
(2.5) "Company" means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability limited partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations, that exist for the purpose of making profit. (3) "Financial harm" includes intimidation that brings about financial loss, criminal usury, or employment contracts that violate the Frauds Act. (4) (Blank). (5) "Labor" means work of economic or financial value. (6) "Maintain" means, in relation to labor or services, to secure continued performance thereof, regardless of any initial agreement on the part of the victim to perform that type of service. (7) "Obtain" means, in relation to labor or services, to secure performance thereof. (7.5) "Serious harm" means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm. (8) "Services" means activities resulting from a relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor. Commercial sexual activity and sexually-explicit performances are forms of activities that are "services" under this Section. Nothing in this definition may be construed to legitimize or legalize prostitution. (9) "Sexually-explicit performance" means a live, recorded, broadcast (including over the Internet), or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons. (10) "Trafficking victim" means a person subjected to the practices set forth in subsection (b), (c), or (d). (b) Involuntary servitude. A person commits involuntary servitude when he or she knowingly subjects, attempts to subject, or engages in a conspiracy to subject another person to labor or services obtained or maintained through any of the following means, or any combination of these means: (1) causes or threatens to cause physical harm to any |
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(2) physically restrains or threatens to physically
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(3) abuses or threatens to abuse the law or legal
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(4) knowingly destroys, conceals, removes,
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| confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person;
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(5) uses intimidation, or exerts financial control
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(6) uses any scheme, plan, or pattern intended to
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| cause the person to believe that, if the person did not perform the labor or services, that person or another person would suffer serious harm or physical restraint.
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Sentence. Except as otherwise provided in subsection (e) or (f), a violation of subsection (b)(1) is a Class X felony, (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
(c) Involuntary sexual servitude of a minor. A person commits involuntary sexual servitude of a minor when he or she knowingly recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, provide, or obtain by any means, another person under 18 years of age, knowing that the minor will engage in commercial sexual activity, a sexually-explicit performance, or the production of pornography, or causes or attempts to cause a minor to engage in one or more of those activities and:
(1) there is no overt force or threat and the minor
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| is between the ages of 17 and 18 years;
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(2) there is no overt force or threat and the minor
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| is under the age of 17 years; or
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(3) there is overt force or threat.
Sentence. Except as otherwise provided in subsection (e) or (f), a violation of subsection (c)(1) is a Class 1 felony, (c)(2) is a Class X felony, and (c)(3) is a Class X felony.
(d) Trafficking in persons. A person commits trafficking in persons when he or she knowingly: (1) recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, another person, intending or knowing that the person will be subjected to involuntary servitude; or (2) benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act of involuntary servitude or involuntary sexual servitude of a minor. A company commits trafficking in persons when the company knowingly benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act of involuntary servitude or involuntary sexual servitude of a minor.
Sentence. Except as otherwise provided in subsection (e) or (f), a violation of this subsection by a person is a Class 1 felony. A violation of this subsection by a company is a business offense for which a fine of up to $100,000 may be imposed.
(e) Aggravating factors. A violation of this Section involving kidnapping or an attempt to kidnap, aggravated criminal sexual assault or an attempt to commit aggravated criminal sexual assault, or an attempt to commit first degree murder is a Class X felony.
(f) Sentencing considerations.
(1) Bodily injury. If, pursuant to a violation of
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| this Section, a victim suffered bodily injury, the defendant may be sentenced to an extended-term sentence under Section 5-8-2 of the Unified Code of Corrections. The sentencing court must take into account the time in which the victim was held in servitude, with increased penalties for cases in which the victim was held for between 180 days and one year, and increased penalties for cases in which the victim was held for more than one year.
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(2) Number of victims. In determining sentences
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| within statutory maximums, the sentencing court should take into account the number of victims, and may provide for substantially increased sentences in cases involving more than 10 victims.
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(g) Restitution. Restitution is mandatory under this Section. In addition to any other amount of loss identified, the court shall order restitution including the greater of (1) the gross income or value to the defendant of the victim's labor or services or (2) the value of the victim's labor as guaranteed under the Minimum Wage Law and overtime provisions of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, whichever is greater.
(g-5) Fine distribution. If the court imposes a fine under subsection (b), (c), or (d) of this Section, it shall be collected and distributed to the Specialized Services for Survivors of Human Trafficking Fund in accordance with Section 5-9-1.21 of the Unified Code of Corrections.
(h) Trafficking victim services. Subject to the availability of funds, the Department of Human Services may provide or fund emergency services and assistance to individuals who are victims of one or more offenses defined in this Section.
(i) Certification. The Attorney General, a State's Attorney, or any law enforcement official shall certify in writing to the United States Department of Justice or other federal agency, such as the United States Department of Homeland Security, that an investigation or prosecution under this Section has begun and the individual who is a likely victim of a crime described in this Section is willing to cooperate or is cooperating with the investigation to enable the individual, if eligible under federal law, to qualify for an appropriate special immigrant visa and to access available federal benefits. Cooperation with law enforcement shall not be required of victims of a crime described in this Section who are under 18 years of age. This certification shall be made available to the victim and his or her designated legal representative.
(j) A person who commits involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons under subsection (b), (c), or (d) of this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 101-18, eff. 1-1-20 .)
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(720 ILCS 5/11-0.1) Sec. 11-0.1. Definitions. In this Article, unless the context clearly requires otherwise, the following terms are defined as indicated: "Accused" means a person accused of an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code or a person for whose conduct the accused is legally responsible under Article 5 of this Code. "Adult obscenity or child pornography Internet site". See Section 11-23. "Advance prostitution" means: (1) Soliciting for a prostitute by performing any of |
| the following acts when acting other than as a prostitute or a patron of a prostitute:
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(A) Soliciting another for the purpose of
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(B) Arranging or offering to arrange a meeting of
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| persons for the purpose of prostitution.
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(C) Directing another to a place knowing the
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| direction is for the purpose of prostitution.
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(2) Keeping a place of prostitution by controlling or
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| exercising control over the use of any place that could offer seclusion or shelter for the practice of prostitution and performing any of the following acts when acting other than as a prostitute or a patron of a prostitute:
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(A) Knowingly granting or permitting the use of
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| the place for the purpose of prostitution.
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(B) Granting or permitting the use of the place
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| under circumstances from which he or she could reasonably know that the place is used or is to be used for purposes of prostitution.
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(C) Permitting the continued use of the place
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| after becoming aware of facts or circumstances from which he or she should reasonably know that the place is being used for purposes of prostitution.
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"Agency". See Section 11-9.5.
"Arranges". See Section 11-6.5.
"Bodily harm" means physical harm, and includes, but is not limited to, sexually transmitted disease, pregnancy, and impotence.
"Care and custody". See Section 11-9.5.
"Child care institution". See Section 11-9.3.
"Child pornography". See Section 11-20.1.
"Child sex offender". See Section 11-9.3.
"Community agency". See Section 11-9.5.
"Conditional release". See Section 11-9.2.
"Consent" means a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent.
"Custody". See Section 11-9.2.
"Day care center". See Section 11-9.3.
"Depict by computer". See Section 11-20.1.
"Depiction by computer". See Section 11-20.1.
"Disseminate". See Section 11-20.1.
"Distribute". See Section 11-21.
"Family member" means a parent, grandparent, child, aunt, uncle, great-aunt, or great-uncle, whether by whole blood, half-blood, or adoption, and includes a step-grandparent, step-parent, or step-child. "Family member" also means, if the victim is a child under 18 years of age, an accused who has resided in the household with the child continuously for at least 6 months.
"Force or threat of force" means the use of force or violence or the threat of force or violence, including, but not limited to, the following situations:
(1) when the accused threatens to use force or
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| violence on the victim or on any other person, and the victim under the circumstances reasonably believes that the accused has the ability to execute that threat; or
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(2) when the accused overcomes the victim by use of
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| superior strength or size, physical restraint, or physical confinement.
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"Harmful to minors". See Section 11-21.
"Loiter". See Section 9.3.
"Material". See Section 11-21.
"Minor". See Section 11-21.
"Nudity". See Section 11-21.
"Obscene". See Section 11-20.
"Part day child care facility". See Section 11-9.3.
"Penal system". See Section 11-9.2.
"Person responsible for the child's welfare". See Section 11-9.1A.
"Person with a disability". See Section 11-9.5.
"Playground". See Section 11-9.3.
"Probation officer". See Section 11-9.2.
"Produce". See Section 11-20.1.
"Profit from prostitution" means, when acting other than as a prostitute, to receive anything of value for personally rendered prostitution services or to receive anything of value from a prostitute, if the thing received is not for lawful consideration and the person knows it was earned in whole or in part from the practice of prostitution.
"Public park". See Section 11-9.3.
"Public place". See Section 11-30.
"Reproduce". See Section 11-20.1.
"Sado-masochistic abuse". See Section 11-21.
"School". See Section 11-9.3.
"School official". See Section 11-9.3.
"Sexual abuse". See Section 11-9.1A.
"Sexual act". See Section 11-9.1.
"Sexual conduct" means any knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus, or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.
"Sexual excitement". See Section 11-21.
"Sexual penetration" means any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.
"Solicit". See Section 11-6.
"State-operated facility". See Section 11-9.5.
"Supervising officer". See Section 11-9.2.
"Surveillance agent". See Section 11-9.2.
"Treatment and detention facility". See Section 11-9.2.
"Unable to give knowing consent" includes when the accused administers any intoxicating or anesthetic substance, or any controlled substance causing the victim to become unconscious of the nature of the act and this condition was known, or reasonably should have been known by the accused. "Unable to give knowing consent" also includes when the victim has taken an intoxicating substance or any controlled substance causing the victim to become unconscious of the nature of the act, and this condition was known or reasonably should have been known by the accused, but the accused did not provide or administer the intoxicating substance. As used in this paragraph, "unconscious of the nature of the act" means incapable of resisting because the victim meets any one of the following conditions:
(1) was unconscious or asleep;
(2) was not aware, knowing, perceiving, or cognizant
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(3) was not aware, knowing, perceiving, or cognizant
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| of the essential characteristics of the act due to the perpetrator's fraud in fact; or
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(4) was not aware, knowing, perceiving, or cognizant
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| of the essential characteristics of the act due to the perpetrator's fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.
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|
A victim is presumed "unable to give knowing consent" when the victim:
(1) is committed to the care and custody or
|
| supervision of the Illinois Department of Corrections (IDOC) and the accused is an employee or volunteer who is not married to the victim who knows or reasonably should know that the victim is committed to the care and custody or supervision of such department;
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|
(2) is committed to or placed with the Department of
|
| Children and Family Services (DCFS) and in residential care, and the accused employee is not married to the victim, and knows or reasonably should know that the victim is committed to or placed with DCFS and in residential care;
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|
(3) is a client or patient and the accused is a
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| health care provider or mental health care provider and the sexual conduct or sexual penetration occurs during a treatment session, consultation, interview, or examination;
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|
(4) is a resident or inpatient of a residential
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| facility and the accused is an employee of the facility who is not married to such resident or inpatient who provides direct care services, case management services, medical or other clinical services, habilitative services or direct supervision of the residents in the facility in which the resident resides; or an officer or other employee, consultant, contractor or volunteer of the residential facility, who knows or reasonably should know that the person is a resident of such facility; or
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|
(5) is detained or otherwise in the custody of a
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| police officer, peace officer, or other law enforcement official who: (i) is detaining or maintaining custody of such person; or (ii) knows, or reasonably should know, that at the time of the offense, such person was detained or in custody and the police officer, peace officer, or other law enforcement official is not married to such detainee.
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|
"Victim" means a person alleging to have been subjected to an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
(Source: P.A. 102-567, eff. 1-1-22; 102-1096, eff. 1-1-23 .)
|
(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,
|
| 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
|
| employed by the Department of Juvenile Justice to supervise and facilitate services for persons placed on aftercare release.
|
|
(1) "Custody" means:
(i) pretrial incarceration or detention;
(ii) incarceration or detention under a sentence
|
| or commitment to a State or local penal institution;
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|
(iii) parole, aftercare release, or mandatory
|
|
(iv) electronic monitoring or home detention;
(v) probation;
(vi) detention or civil commitment either in
|
| 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
|
|
(2) "Penal system" means any system which includes
|
| 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.
|
|
(2.1) "Treatment and detention facility" means any
|
| 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
|
| 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;
|
|
(3) "Employee" means:
(i) an employee of any governmental agency of
|
| 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
|
| 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
|
| 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
|
|
(iv) an employee of a law enforcement agency.
(3.5) "Law enforcement agency" means an agency of the
|
| 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.
|
|
(4) "Sexual conduct" or "sexual penetration" means
|
| 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
|
| 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
|
| 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.
|
|
(7) "Surveillance agent" means any person employed or
|
| 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.)
|
(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:
|
|
(A) is convicted of such offense or an
|
| attempt to commit such offense; or
|
|
(B) is found not guilty by reason of insanity
|
| of such offense or an attempt to commit such offense; or
|
|
(C) is found not guilty by reason of insanity
|
| 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
|
|
(D) is the subject of a finding not resulting
|
| 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
|
|
(E) is found not guilty by reason of insanity
|
| 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
|
|
(F) is the subject of a finding not resulting
|
| 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
|
|
(ii) is certified as a sexually dangerous person
|
| 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
|
|
(iii) is subject to the provisions of Section 2
|
| of the Interstate Agreements on Sexually Dangerous Persons Act.
|
|
Convictions that result from or are connected with
|
| 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.
|
|
(2) Except as otherwise provided in paragraph (2.5),
|
|
(i) A violation of any of the following Sections
|
| 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.
|
|
(ii) A violation of any of the following Sections
|
| 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.
|
|
(iii) A violation of any of the following
|
| 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:
|
|
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
|
| substantially equivalent to any offense listed in clause (2)(i) or (2)(ii) of subsection (d) of this Section.
|
|
(2.5) For the purposes of subsections (b-5) and
|
| (b-10) only, a sex offense means:
|
|
(i) A violation of any of the following Sections
|
| of the Criminal Code of 1961 or the Criminal Code of 2012:
|
|
10-5(b)(10) (child luring), 10-7 (aiding or
|
| 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.
|
|
(ii) A violation of any of the following Sections
|
| 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.
|
|
(iii) A violation of any of the following
|
| 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:
|
|
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
|
| substantially equivalent to any offense listed in this paragraph (2.5) of this subsection.
|
|
(3) A conviction for an offense of federal law or the
|
| 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.
|
|
(4) "Authorized emergency vehicle", "rescue vehicle",
|
| and "vehicle" have the meanings ascribed to them in Sections 1-105, 1-171.8 and 1-217, respectively, of the Illinois Vehicle Code.
|
|
(5) "Child care institution" has the meaning ascribed
|
| to it in Section 2.06 of the Child Care Act of 1969.
|
|
(6) "Day care center" has the meaning ascribed to it
|
| in Section 2.09 of the Child Care Act of 1969.
|
|
(7) "Day care home" has the meaning ascribed to it in
|
| Section 2.18 of the Child Care Act of 1969.
|
|
(8) "Facility providing programs or services directed
|
| towards persons under the age of 18" means any facility providing programs or services exclusively directed towards persons under the age of 18.
|
|
(9) "Group day care home" has the meaning ascribed to
|
| it in Section 2.20 of the Child Care Act of 1969.
|
|
(10) "Internet" has the meaning set forth in Section
|
|
(11) "Loiter" means:
(i) Standing, sitting idly, whether or not the
|
| person is in a vehicle, or remaining in or around school or public park property.
|
|
(ii) Standing, sitting idly, whether or not the
|
| 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.
|
|
(iii) Entering or remaining in a building in or
|
| around school property, other than the offender's residence.
|
|
(12) "Part day child care facility" has the meaning
|
| ascribed to it in Section 2.10 of the Child Care Act of 1969.
|
|
(13) "Playground" means a piece of land owned or
|
| 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.
|
|
(14) "Public park" includes a park, forest preserve,
|
| bikeway, trail, or conservation area under the jurisdiction of the State or a unit of local government.
|
|
(15) "School" means a public or private preschool or
|
| elementary or secondary school.
|
|
(16) "School official" means the principal, a
|
| teacher, or any other certified employee of the school, the superintendent of schools or a member of the school board.
|
|
(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 .)
|
(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
|
|
(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
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| 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
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|
(5) Appeal to prurient interest, or absence thereof,
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| in advertising or other promotion of the material;
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|
(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
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| associates other than children under 18 years of age;
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|
(2) Was to institutions or individuals having
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| scientific or other special justification for possession of such material.
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|
(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:
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|
(i) actually or by simulation engaged in any act
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| 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
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| 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
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| 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
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| of excretion or urination within a sexual context; or
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|
(vi) actually or by simulation portrayed or
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| depicted as bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in any sexual context; or
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|
(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
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|
(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
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|
(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
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| 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
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|
(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.
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|
(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,
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| 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.
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|
(2) "Produce" means to direct, promote, advertise,
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| 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.
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|
(5) "Depiction by computer" means a computer program
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| 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.
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|
(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.
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|
(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.
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|
(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.
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|
(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.
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|
(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.
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|
"Harmful to minors" means that quality of any
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| 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.
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|
"Knowingly" means having knowledge of the contents of
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| the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents.
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|
"Material" means (i) any picture, photograph,
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| 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.
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|
"Minor" means any person under the age of 18.
"Nudity" means the showing of the human male or
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| 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.
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|
"Sado-masochistic abuse" means flagellation or
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| 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.
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|
"Sexual conduct" means acts of masturbation, sexual
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| intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.
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|
"Sexual excitement" means the condition of human male
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| or female genitals when in a state of sexual stimulation or arousal.
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|
(b) A person is guilty of distributing harmful material to a minor when he or she:
(1) knowingly sells, lends, distributes, exhibits to,
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| 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:
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|
(A) any material which depicts nudity, sexual
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| 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;
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|
(B) a motion picture, show, or other presentation
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| which depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors; or
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|
(C) an admission ticket or pass to premises where
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| 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
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| 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.
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|
(c) In any prosecution arising under this Section, it is an affirmative defense:
(1) that the minor as to whom the offense is alleged
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| 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;
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|
(2) that the defendant was in a parental or
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| guardianship relationship with the minor or that the minor was accompanied by a parent or legal guardian;
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|
(3) that the defendant was a bona fide school,
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| 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;
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|
(4) that the act charged was committed in aid of
|
| legitimate scientific or educational purposes; or
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|
(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."
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|
(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,
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| digital recording, or other depiction or portrayal of an object, including a human body.
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|
"Intimate parts" means the fully unclothed, partially
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| 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.
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|
"Sexual act" means sexual penetration, masturbation,
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|
"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
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|
(2) any transfer or transmission of semen upon
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| 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
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|
(3) an act of urination within a sexual context;
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|
(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
|
|
(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.
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|
(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
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|
(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
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|
(iii) assaulted in retaliation for performing his
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|
(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
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|
(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 .)
|
(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
Sec. 12-7.1. Hate crime.
(a) A person commits hate crime when, by reason of the actual or
perceived race, color, creed, religion, ancestry, gender, sexual orientation,
physical or mental disability, citizenship, immigration status, or national origin of another individual or
group of individuals, regardless of the existence of any other motivating
factor or factors, he or she commits assault, battery, aggravated assault, intimidation, stalking, cyberstalking, misdemeanor
theft, criminal trespass to residence, misdemeanor criminal damage
to property, criminal trespass to vehicle, criminal trespass to real property,
mob action, disorderly conduct, transmission of obscene messages, harassment by telephone, or harassment through electronic
communications as these crimes are defined in Sections 12-1,
12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6, and paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code,
respectively.
(b) Except as provided in subsection (b-5), hate crime is a Class 4
felony for a first offense and a Class 2 felony for a second or subsequent
offense.
(b-5) Hate crime is a Class 3 felony for a first offense and a Class 2
felony for a second or subsequent offense if committed:
(1) in, or upon the exterior or grounds of, a church, |
| synagogue, mosque, or other building, structure, or place identified or associated with a particular religion or used for religious worship or other religious purpose;
|
|
(2) in a cemetery, mortuary, or other facility used
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| for the purpose of burial or memorializing the dead;
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(3) in a school or other educational facility,
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| including an administrative facility or public or private dormitory facility of or associated with the school or other educational facility;
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(4) in a public park or an ethnic or religious
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|
(5) on the real property comprising any location
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| specified in clauses (1) through (4) of this subsection (b-5); or
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|
(6) on a public way within 1,000 feet of the real
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| property comprising any location specified in clauses (1) through (4) of this subsection (b-5).
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|
(b-10) Upon imposition of any sentence,
the trial
court shall also either order restitution paid to the victim
or impose a fine in an amount to be determined by the court based on the severity of the crime and the injury or damages suffered by the victim. In addition, any order of probation or
conditional discharge entered following a conviction or an adjudication of
delinquency shall include a condition that the offender perform public or
community service of no less than 200 hours if that service is established in
the county where the offender was convicted of hate crime. In addition, any order of probation or
conditional discharge entered following a conviction or an adjudication of
delinquency shall include a condition that the offender enroll in an educational program discouraging hate crimes involving the protected class identified in subsection (a) that gave rise to the offense the offender committed. The educational program must be attended by the offender in-person and may be administered, as determined by the court, by a university, college, community college, non-profit organization, the Illinois Holocaust and Genocide Commission, or any other organization that provides educational programs discouraging hate crimes, except that programs administered online or that can otherwise be attended remotely are prohibited. The court may also
impose any other condition of probation or conditional discharge under this
Section. If the court sentences the offender to imprisonment or periodic imprisonment for a violation of this Section, as a condition of the offender's mandatory supervised release, the court shall require that the offender perform public or community service of no less than 200 hours and enroll in an educational program discouraging hate crimes involving the protected class
identified in subsection (a) that gave rise to the offense the offender committed.
(c) Independent of any criminal prosecution or the result
of a criminal prosecution, any
person suffering injury to his or her person, damage to his or her property, intimidation as defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6 of this Code, stalking as defined in Section 12-7.3 of this Code, cyberstalking as defined in Section 12-7.5 of this Code, disorderly conduct as defined in paragraph (a)(1), (a)(4), (a)(5), or (a)(6) of Section 26-1 of this Code, transmission of obscene messages as defined in Section 26.5-1 of this Code, harassment by telephone as defined in Section 26.5-2 of this Code, or harassment through electronic communications as defined in paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code as a result
of a hate crime may bring a civil action for damages, injunction
or other appropriate relief. The court may award actual damages, including
damages for emotional distress, as well as punitive damages. The court may impose a civil penalty up to $25,000 for each violation of this subsection (c). A judgment in favor of a person who brings a civil action under this subsection (c) shall include
attorney's fees and costs. After consulting with the local State's Attorney, the Attorney General may bring a civil action in the name of the People of the State for an injunction or other equitable relief under this subsection (c). In addition, the Attorney General may request and the court may impose a civil penalty up to $25,000 for each violation under this subsection (c). The parents or legal guardians, other than
guardians appointed pursuant to the Juvenile Court Act or the Juvenile
Court Act of 1987, of an unemancipated minor shall be liable for the amount
of any judgment for all damages rendered against such minor under this
subsection (c) in any amount not exceeding the amount provided under
Section 5 of the Parental Responsibility Law.
(d) "Sexual orientation" has the meaning ascribed to it in paragraph (O-1) of Section 1-103 of the Illinois Human Rights Act.
(Source: P.A. 102-235, eff. 1-1-22; 102-468, eff. 1-1-22; 102-813, eff. 5-13-22.)
|
(720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
Sec. 12-7.3. Stalking.
(a) A person commits stalking when he or she knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to: (1) fear for his or her safety or the safety of a |
|
(2) suffer other emotional distress.
(a-3) A person commits stalking when he or she, knowingly and without
lawful justification, on at least 2 separate occasions follows
another person
or places the person under surveillance or any combination thereof and:
(1) at any time transmits a threat of immediate or
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| future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or
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|
(2) places that person in reasonable apprehension of
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| immediate or future bodily harm, sexual assault, confinement or restraint to or of that person or a family member of that person.
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|
(a-5) A person commits stalking when he or she has previously been
convicted of stalking another person and knowingly and without lawful
justification on one occasion:
(1) follows that same person or places that same
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| person under surveillance; and
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|
(2) transmits a threat of immediate or future bodily
|
| harm, sexual assault, confinement or restraint to that person or a family member of that person.
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|
(a-7) A person commits stalking when he or she knowingly makes threats that are a part of a course of conduct and is aware of the threatening nature of his or her speech.
(b) Sentence.
Stalking is a Class 4 felony; a second or subsequent
conviction is a Class 3 felony.
(c) Definitions. For purposes of this Section:
(1) "Course of conduct" means 2 or more acts,
|
| including but not limited to acts in which a defendant directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, engages in other non-consensual contact, or interferes with or damages a person's property or pet. A course of conduct may include contact via electronic communications.
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|
(2) "Electronic communication" means any transfer of
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| signs, signals, writings, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system. "Electronic communication" includes transmissions by a computer through the Internet to another computer.
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|
(3) "Emotional distress" means significant mental
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| suffering, anxiety or alarm.
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|
(4) "Family member" means a parent, grandparent,
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| brother, sister, or child, whether by whole blood, half-blood, or adoption and includes a step-grandparent, step-parent, step-brother, step-sister or step-child. "Family member" also means any other person who regularly resides in the household, or who, within the prior 6 months, regularly resided in the household.
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|
(5) "Follows another person" means (i) to move in
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| relative proximity to a person as that person moves from place to place or (ii) to remain in relative proximity to a person who is stationary or whose movements are confined to a small area. "Follows another person" does not include a following within the residence of the defendant.
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|
(6) "Non-consensual contact" means any contact with
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| the victim that is initiated or continued without the victim's consent, including but not limited to being in the physical presence of the victim; appearing within the sight of the victim; approaching or confronting the victim in a public place or on private property; appearing at the workplace or residence of the victim; entering onto or remaining on property owned, leased, or occupied by the victim; or placing an object on, or delivering an object to, property owned, leased, or occupied by the victim.
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|
(7) "Places a person under surveillance" means: (1)
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| remaining present outside the person's school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the defendant; or (2) placing an electronic tracking device on the person or the person's property.
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|
(8) "Reasonable person" means a person in the
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|
(9) "Transmits a threat" means a verbal or written
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| threat or a threat implied by a pattern of conduct or a combination of verbal or written statements or conduct.
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|
(d) Exemptions.
(1) This Section does not apply to any individual or
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| organization (i) monitoring or attentive to compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements, or (ii) picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, including any controversy concerning wages, salaries, hours, working conditions or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those agreements.
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|
(2) This Section does not apply to an exercise of the
|
| right to free speech or assembly that is otherwise lawful.
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|
(3) Telecommunications carriers, commercial mobile
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| 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.
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|
(d-5) The incarceration of a person in a penal institution who commits the course of conduct or transmits a
threat is not a bar to prosecution under this Section.
(d-10) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.
(Source: P.A. 102-547, eff. 1-1-22 .)
|
(720 ILCS 5/12-7.5)
Sec. 12-7.5. Cyberstalking.
(a) A person commits cyberstalking when he or she engages in a course of conduct using electronic communication directed at a specific person, and he or she knows or should know that would cause a reasonable person to: (1) fear for his or her safety or the safety of a |
|
(2) suffer other emotional distress.
(a-3) A person commits cyberstalking when he or she, knowingly and without
lawful justification, on at least 2 separate occasions, harasses another person
through the use of electronic communication and:
(1) at any time transmits a threat of immediate or
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| future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person; or
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|
(2) places that person or a family member of that
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| person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint; or
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|
(3) at any time knowingly solicits the commission of
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| an act by any person which would be a violation of this Code directed towards that person or a family member of that person.
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|
(a-4) A person commits cyberstalking when he or she knowingly, surreptitiously, and without lawful justification, installs or otherwise places electronic monitoring software or spyware on an electronic communication device as a means to harass another person and:
(1) at any time transmits a threat of immediate or
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| future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person;
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|
(2) places that person or a family member of that
|
| person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint; or
|
|
(3) at any time knowingly solicits the commission of
|
| an act by any person which would be a violation of this Code directed towards that person or a family member of that person.
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|
For purposes of this Section, an installation or placement is not surreptitious if:
(1) with respect to electronic software, hardware, or
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| computer applications, clear notice regarding the use of the specific type of tracking software or spyware is provided by the installer in advance to the owners and primary users of the electronic software, hardware, or computer application; or
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|
(2) written or electronic consent of all owners and
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| primary users of the electronic software, hardware, or computer application on which the tracking software or spyware will be installed has been sought and obtained through a mechanism that does not seek to obtain any other approvals or acknowledgement from the owners and primary users.
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|
(a-5) A person commits cyberstalking when he or she, knowingly and without lawful justification, creates and maintains an Internet website or webpage which is accessible to one or more third parties for a period of at least 24 hours, and which contains statements harassing another person and:
(1) which communicates a threat of immediate or
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| future bodily harm, sexual assault, confinement, or restraint, where the threat is directed towards that person or a family member of that person, or
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|
(2) which places that person or a family member of
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| that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint, or
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|
(3) which knowingly solicits the commission of an act
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| by any person which would be a violation of this Code directed towards that person or a family member of that person.
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|
(b) Sentence. Cyberstalking is a Class 4 felony; a second or subsequent
conviction is a Class 3 felony.
(c) For purposes of this Section:
(0.5) "Anxiety" means excessive worry and
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| apprehensive expectations, occurring more days than not for at least 6 months, about a number of events or activities, such as work or school performance and is associated with 3 or more of the following 6 symptoms with at least some symptoms present for more days than not for the past 6 months:
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|
(1)
restlessness or feeling keyed up or on edge;
(2)
easily fatigued;
(3) difficulty concentrating or mind going
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|
(4)
irritability;
(5)
muscle tension; and
(6) sleep disturbance such as difficulty falling
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| or staying asleep, or restless and unsatisfying sleep.
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|
The anxiety, worry, or physical symptoms cause
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| clinically significant distress or impairment in social, occupational, or other important areas of functioning.
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|
(1) "Course of conduct" means 2 or more acts,
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| including but not limited to acts in which a defendant directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, engages in other non-consensual contact, or interferes with or damages a person's property or pet. The incarceration in a penal institution of a person who commits the course of conduct is not a bar to prosecution under this Section.
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|
(2) "Electronic communication" means any transfer of
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| signs, signals, writings, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system. "Electronic communication" includes transmissions through an electronic device including, but not limited to, a telephone, cellular phone, computer, or pager, which communication includes, but is not limited to, e-mail, instant message, text message, or voice mail.
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|
(2.1) "Electronic communication device" means an
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| electronic device, including, but not limited to, a wireless telephone, personal digital assistant, or a portable or mobile computer.
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|
(2.2) "Electronic monitoring software or spyware"
|
| means software or an application that surreptitiously tracks computer activity on a device and records and transmits the information to third parties with the intent to cause injury or harm. For the purposes of this paragraph (2.2), "intent to cause injury or harm" does not include activities carried out in furtherance of the prevention of fraud or crime or of protecting the security of networks, online services, applications, software, other computer programs, users, or electronic communication devices or similar devices.
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|
(3) "Emotional distress" means significant mental
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| suffering, anxiety or alarm.
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|
(4) "Harass" means to engage in a knowing and willful
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| course of conduct directed at a specific person that alarms, torments, or terrorizes that person.
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|
(5) "Non-consensual contact" means any contact with
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| the victim that is initiated or continued without the victim's consent, including but not limited to being in the physical presence of the victim; appearing within the sight of the victim; approaching or confronting the victim in a public place or on private property; appearing at the workplace or residence of the victim; entering onto or remaining on property owned, leased, or occupied by the victim; or placing an object on, or delivering an object to, property owned, leased, or occupied by the victim.
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|
(6) "Reasonable person" means a person in the
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| victim's circumstances, with the victim's knowledge of the defendant and the defendant's prior acts.
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|
(7) "Third party" means any person other than the
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| person violating these provisions and the person or persons towards whom the violator's actions are directed.
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|
(d) 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.
(e) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.
(f) It is not a violation of this Section to:
(1) provide, protect, maintain, update, or upgrade
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| networks, online services, applications, software, other computer programs, electronic communication devices, or similar devices under the terms of use applicable to those networks, services, applications, software, programs, or devices;
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|
(2) interfere with or prohibit terms or conditions
|
| in a contract or license related to networks, online services, applications, software, other computer programs, electronic communication devices, or similar devices; or
|
|
(3) create any liability by reason of terms or
|
| conditions adopted, or technical measures implemented, to prevent the transmission of unsolicited electronic mail or communications.
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|
(Source: P.A. 103-183, eff. 1-1-24 .)
|
(720 ILCS 5/12C-60) Sec. 12C-60. Curfew. (a) Curfew offenses. (1) A minor commits a curfew offense when he or she |
| remains in any public place or on the premises of any establishment during curfew hours.
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|
(2) A parent or guardian of a minor or other person
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| in custody or control of a minor commits a curfew offense when he or she knowingly permits the minor to remain in any public place or on the premises of any establishment during curfew hours.
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|
(b) Curfew defenses. It is a defense to prosecution under subsection (a) that the minor was:
(1) accompanied by the minor's parent or guardian or
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| other person in custody or control of the minor;
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|
(2) on an errand at the direction of the minor's
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| parent or guardian, without any detour or stop;
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|
(3) in a motor vehicle involved in interstate travel;
(4) engaged in an employment activity or going to or
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| returning home from an employment activity, without any detour or stop;
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|
(5) involved in an emergency;
(6) on the sidewalk abutting the minor's residence or
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| abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;
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|
(7) attending an official school, religious, or other
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| recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor;
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|
(8) exercising First Amendment rights protected by
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| the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
|
|
(9) married or had been married or is an emancipated
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| minor under the Emancipation of Minors Act.
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|
(c) Enforcement. Before taking any enforcement action under this Section, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (b) is present.
(d) Definitions. In this Section:
(1) "Curfew hours" means:
(A) Between 12:01 a.m. and 6:00 a.m. on Saturday;
(B) Between 12:01 a.m. and 6:00 a.m. on Sunday;
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|
(C) Between 11:00 p.m. on Sunday to Thursday,
|
| inclusive, and 6:00 a.m. on the following day.
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|
(2) "Emergency" means an unforeseen combination of
|
| circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile crash, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
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|
(3) "Establishment" means any privately-owned place
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| of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
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|
(4) "Guardian" means:
(A) a person who, under court order, is the
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| guardian of the person of a minor; or
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|
(B) a public or private agency with whom a minor
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| has been placed by a court.
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|
(5) "Minor" means any person under 17 years of age.
(6) "Parent" means a person who is:
(A) a natural parent, adoptive parent, or
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| step-parent of another person; or
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|
(B) at least 18 years of age and authorized by a
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| parent or guardian to have the care and custody of a minor.
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|
(7) "Public place" means any place to which the
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| public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
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|
(8) "Remain" means to:
(A) linger or stay; or
(B) fail to leave premises when requested to do
|
| so by a police officer or the owner, operator, or other person in control of the premises.
|
|
(9) "Serious bodily injury" means bodily injury that
|
| creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
|
|
(e) Sentence. A violation of this Section
is a petty offense with a fine of not less than
$10 nor
more than $500, except that neither a person who has been made a ward of the
court under the Juvenile Court Act of 1987, nor that person's legal guardian,
shall be subject to any fine. In addition to or instead of the
fine imposed
by this Section, the court may order a parent, legal guardian, or other person
convicted of a violation of subsection (a) of this
Section to perform community service as determined by the court, except that
the legal guardian of a person subject to delinquency proceedings or who has been made a ward of the court under the
Juvenile Court Act of 1987 may not be ordered to perform community service.
The dates and
times established for the performance of community service by the parent, legal
guardian, or other person convicted of a violation of subsection (a) of this
Section shall not conflict with the dates and times that the person is
employed in his or her regular occupation. Fines and assessments, such as fees or administrative costs, shall not be ordered or imposed against a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(f) County, municipal and other local boards and bodies authorized to
adopt local police laws and regulations under the constitution and laws of
this State may exercise legislative or regulatory authority over this
subject matter by ordinance or resolution incorporating the substance of
this Section or increasing the requirements thereof or otherwise not in
conflict with this Section.
(Source: P.A. 102-982, eff. 7-1-23; 103-379, eff. 7-28-23.)
|
(720 ILCS 5/12C-70) Sec. 12C-70. Adoption compensation prohibited. (a) Receipt of compensation for placing out prohibited; exception. No person and no agency, association, corporation, institution,
society, or other organization, except a child welfare agency as defined by
the Child Care Act of 1969, shall knowingly request, receive or accept any compensation or thing of
value, directly or indirectly, for providing adoption services, as defined in Section 2.24 of the Child Care Act of 1969. (b) Payment of compensation for placing out prohibited. No person shall knowingly pay or give any compensation or thing of value,
directly or indirectly, for providing adoption services, as defined in Section 2.24 of the Child Care Act of 1969, including placing out of a child to any person or to any
agency, association, corporation, institution, society, or other
organization except a child welfare agency as defined by the Child Care
Act of 1969. (c) Certain payments of salaries and medical expenses not prevented. (1) The provisions of this Section shall not be |
| construed to prevent the payment of salaries or other compensation by a licensed child welfare agency providing adoption services, as that term is defined by the Child Care Act of 1969, to the officers, employees, agents, contractors, or any other persons acting on behalf of the child welfare agency, provided that such salaries and compensation are consistent with subsection (a) of Section 14.5 of the Child Care Act of 1969.
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|
(2) The provisions of this Section shall not be
|
| construed to prevent the payment by a prospective adoptive parent of reasonable and actual medical fees or hospital charges for services rendered in connection with the birth of such child, if such payment is made to the physician or hospital who or which rendered the services or to the biological mother of the child or to prevent the receipt of such payment by such physician, hospital, or mother.
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|
(3) The provisions of this Section shall not be
|
| construed to prevent a prospective adoptive parent from giving a gift or gifts or other thing or things of value to a biological parent provided that the total value of such gift or gifts or thing or things of value does not exceed $200.
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|
(d) Payment of certain expenses.
(1) A prospective adoptive parent shall be permitted
|
| to pay the reasonable living expenses of the biological parents of the child sought to be adopted, in addition to those expenses set forth in subsection (c), only in accordance with the provisions of this subsection (d).
|
|
"Reasonable living expenses" means those expenses
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| related to activities of daily living and meeting basic needs, including, but not limited to, lodging, food, and clothing for the biological parents during the biological mother's pregnancy and for no more than 120 days prior to the biological mother's expected date of delivery and for no more than 60 days after the birth of the child. The term does not include expenses for lost wages, gifts, educational expenses, or other similar expenses of the biological parents.
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|
(2)(A) The prospective adoptive parents may seek
|
| leave of the court to pay the reasonable living expenses of the biological parents. They shall be permitted to pay the reasonable living expenses of the biological parents only upon prior order of the circuit court where the petition for adoption will be filed, or if the petition for adoption has been filed in the circuit court where the petition is pending.
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|
(B) Notwithstanding clause (2)(A) of this subsection
|
| (d), a prospective adoptive parent may advance a maximum of $1,000 for reasonable birth parent living expenses without prior order of court. The prospective adoptive parents shall present a final accounting of all expenses to the court prior to the entry of a final judgment order for adoption.
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|
(C) If the court finds an accounting by the
|
| prospective adoptive parents to be incomplete or deceptive or to contain amounts which are unauthorized or unreasonable, the court may order a new accounting or the repayment of amounts found to be excessive or unauthorized or make any other orders it deems appropriate.
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|
(3) Payments under this subsection (d) shall be
|
| permitted only in those circumstances where there is a demonstrated need for the payment of such expenses to protect the health of the biological parents or the health of the child sought to be adopted.
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|
(4) Payment of their reasonable living expenses, as
|
| provided in this subsection (d), shall not obligate the biological parents to place the child for adoption. In the event the biological parents choose not to place the child for adoption, the prospective adoptive parents shall have no right to seek reimbursement from the biological parents, or from any relative or associate of the biological parents, of moneys paid to, or on behalf of, the biological parents pursuant to a court order under this subsection (d).
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|
(5) Notwithstanding paragraph (4) of this subsection
|
| (d), a prospective adoptive parent may seek reimbursement of reasonable living expenses from a person who receives such payments only if the person who accepts payment of reasonable living expenses before the child's birth, as described in paragraph (4) of this subsection (d), knows that the person on whose behalf he or she is accepting payment is not pregnant at the time of the receipt of such payments or the person receives reimbursement for reasonable living expenses simultaneously from more than one prospective adoptive parent without the knowledge of the prospective adoptive parent.
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|
(6) No person or entity shall offer, provide, or
|
| co-sign a loan or any other credit accommodation, directly or indirectly, with a biological parent or a relative or associate of a biological parent based on the contingency of a surrender or placement of a child for adoption.
|
|
(7) Within 14 days after the completion of all
|
| payments for reasonable living expenses of the biological parents under this subsection (d), the prospective adoptive parents shall present a final accounting of all those expenses to the court. The accounting shall also include the verified statements of the prospective adoptive parents, each attorney of record, and the biological parents or parents to whom or on whose behalf the payments were made attesting to the accuracy of the accounting.
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|
(8) If the placement of a child for adoption is made
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| in accordance with the Interstate Compact on the Placement of Children, and if the sending state permits the payment of any expenses of biological parents that are not permitted under this Section, then the payment of those expenses shall not be a violation of this Section. In that event, the prospective adoptive parents shall file an accounting of all payments of the expenses of the biological parent or parents with the court in which the petition for adoption is filed or is to be filed. The accounting shall include a copy of the statutory provisions of the sending state that permit payments in addition to those permitted by this Section and a copy of all orders entered in the sending state that relate to expenses of the biological parents paid by the prospective adoptive parents in the sending state.
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(9) The prospective adoptive parents shall be
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| permitted to pay the reasonable attorney's fees of a biological parent's attorney in connection with proceedings under this Section or in connection with proceedings for the adoption of the child if the amount of fees of the attorney is $1,000 or less. If the amount of attorney's fees of each biological parent exceeds $1,000, the attorney's fees shall be paid only after a petition seeking leave to pay those fees is filed with the court in which the adoption proceeding is filed or to be filed. The court shall review the petition for leave to pay attorney's fees, and if the court determines that the fees requested are reasonable, the court shall permit the petitioners to pay them. If the court determines that the fees requested are not reasonable, the court shall determine and set the reasonable attorney's fees of the biological parents' attorney which may be paid by the petitioners. The prospective adoptive parents shall present a final accounting of all those fees to the court prior to the entry of a final judgment order for adoption.
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(10) The court may appoint a guardian ad litem for an
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| unborn child to represent the interests of the child in proceedings under this subsection (d).
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(11) The provisions of this subsection (d) apply to a
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| person who is a prospective adoptive parent. This subsection (d) does not apply to a licensed child welfare agency, as that term is defined in the Child Care Act of 1969, whose payments are governed by the Child Care Act of 1969 and the Department of Children and Family Services rules adopted thereunder.
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(e) Injunctive relief.
(A) Whenever it appears that any person, agency,
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| association, corporation, institution, society, or other organization is engaged or about to engage in any acts or practices that constitute or will constitute a violation of this Section, the Department of Children and Family Services shall inform the Attorney General and the State's Attorney of the appropriate county. Under such circumstances, the Attorney General or the State's Attorney may initiate injunction proceedings. Upon a proper showing, any circuit court may enter a permanent or preliminary injunction or temporary restraining order without bond to enforce this Section or any rule adopted under this Section in addition to any other penalties and other remedies provided in this Section.
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|
(B) Whenever it appears that any person, agency,
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| association, corporation, institution, society, or other organization is engaged or is about to engage in any act or practice that constitutes or will constitute a violation of any rule adopted under the authority of this Section, the Department of Children and Family Services may inform the Attorney General and the State's Attorney of the appropriate county. Under such circumstances, the Attorney General or the State's Attorney may initiate injunction proceedings. Upon a proper showing, any circuit court may enter a permanent or preliminary injunction or a temporary restraining order without bond to enforce this Section or any rule adopted under this Section, in addition to any other penalties and remedies provided in this Section.
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(f) A violation of this Section on a first conviction is a Class 4 felony, and on a second or subsequent conviction is a
Class 3 felony.
(g) "Adoption services" has the meaning given that term in the Child Care Act of 1969.
(h) "Placing out" means to arrange for the free care or placement of a child in a family other than that of the child's parent, stepparent, grandparent, brother, sister, uncle or aunt or legal guardian, for the purpose of adoption or for the purpose of providing care.
(i) "Prospective adoptive parent" means a person or persons who have filed or intend to file a petition to adopt a child under the Adoption Act.
(Source: P.A. 97-1109, eff. 1-1-13.)
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(720 ILCS 5/14-3) Sec. 14-3. Exemptions. The following activities shall be
exempt from the provisions of this Article: (a) Listening to radio, wireless electronic |
| communications, and television communications of any sort where the same are publicly made;
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|
(b) Hearing conversation when heard by employees of
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| any common carrier by wire incidental to the normal course of their employment in the operation, maintenance or repair of the equipment of such common carrier by wire so long as no information obtained thereby is used or divulged by the hearer;
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(c) Any broadcast by radio, television or otherwise
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| whether it be a broadcast or recorded for the purpose of later broadcasts of any function where the public is in attendance and the conversations are overheard incidental to the main purpose for which such broadcasts are then being made;
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|
(d) Recording or listening with the aid of any device
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| to any emergency communication made in the normal course of operations by any federal, state or local law enforcement agency or institutions dealing in emergency services, including, but not limited to, hospitals, clinics, ambulance services, fire fighting agencies, any public utility, emergency repair facility, civilian defense establishment or military installation;
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|
(e) Recording the proceedings of any meeting required
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| to be open by the Open Meetings Act, as amended;
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|
(f) Recording or listening with the aid of any device
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| to incoming telephone calls of phone lines publicly listed or advertised as consumer "hotlines" by manufacturers or retailers of food and drug products. Such recordings must be destroyed, erased or turned over to local law enforcement authorities within 24 hours from the time of such recording and shall not be otherwise disseminated. Failure on the part of the individual or business operating any such recording or listening device to comply with the requirements of this subsection shall eliminate any civil or criminal immunity conferred upon that individual or business by the operation of this Section;
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|
(g) With prior notification to the State's Attorney
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| of the county in which it is to occur, recording or listening with the aid of any device to any conversation where a law enforcement officer, or any person acting at the direction of law enforcement, is a party to the conversation and has consented to it being intercepted or recorded under circumstances where the use of the device is necessary for the protection of the law enforcement officer or any person acting at the direction of law enforcement, in the course of an investigation of a forcible felony, a felony offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons under Section 10-9 of this Code, an offense involving prostitution, solicitation of a sexual act, or pandering, a felony violation of the Illinois Controlled Substances Act, a felony violation of the Cannabis Control Act, a felony violation of the Methamphetamine Control and Community Protection Act, any "streetgang related" or "gang-related" felony as those terms are defined in the Illinois Streetgang Terrorism Omnibus Prevention Act, or any felony offense involving any weapon listed in paragraphs (1) through (11) of subsection (a) of Section 24-1 of this Code. Any recording or evidence derived as the result of this exemption shall be inadmissible in any proceeding, criminal, civil or administrative, except (i) where a party to the conversation suffers great bodily injury or is killed during such conversation, or (ii) when used as direct impeachment of a witness concerning matters contained in the interception or recording. The Director of the Illinois State Police shall issue regulations as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use;
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|
(g-5) (Blank);
(g-6) With approval of the State's Attorney of the
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| county in which it is to occur, recording or listening with the aid of any device to any conversation where a law enforcement officer, or any person acting at the direction of law enforcement, is a party to the conversation and has consented to it being intercepted or recorded in the course of an investigation of child pornography, aggravated child pornography, indecent solicitation of a child, luring of a minor, sexual exploitation of a child, aggravated criminal sexual abuse in which the victim of the offense was at the time of the commission of the offense under 18 years of age, or criminal sexual abuse by force or threat of force in which the victim of the offense was at the time of the commission of the offense under 18 years of age. In all such cases, an application for an order approving the previous or continuing use of an eavesdropping device must be made within 48 hours of the commencement of such use. In the absence of such an order, or upon its denial, any continuing use shall immediately terminate. The Director of the Illinois State Police shall issue rules as are necessary concerning the use of devices, retention of recordings, and reports regarding their use. Any recording or evidence obtained or derived in the course of an investigation of child pornography, aggravated child pornography, indecent solicitation of a child, luring of a minor, sexual exploitation of a child, aggravated criminal sexual abuse in which the victim of the offense was at the time of the commission of the offense under 18 years of age, or criminal sexual abuse by force or threat of force in which the victim of the offense was at the time of the commission of the offense under 18 years of age shall, upon motion of the State's Attorney or Attorney General prosecuting any case involving child pornography, aggravated child pornography, indecent solicitation of a child, luring of a minor, sexual exploitation of a child, aggravated criminal sexual abuse in which the victim of the offense was at the time of the commission of the offense under 18 years of age, or criminal sexual abuse by force or threat of force in which the victim of the offense was at the time of the commission of the offense under 18 years of age be reviewed in camera with notice to all parties present by the court presiding over the criminal case, and, if ruled by the court to be relevant and otherwise admissible, it shall be admissible at the trial of the criminal case. Absent such a ruling, any such recording or evidence shall not be admissible at the trial of the criminal case;
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|
(h) Recordings made simultaneously with the use of an
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| in-car video camera recording of an oral conversation between a uniformed peace officer, who has identified his or her office, and a person in the presence of the peace officer whenever (i) an officer assigned a patrol vehicle is conducting an enforcement stop; or (ii) patrol vehicle emergency lights are activated or would otherwise be activated if not for the need to conceal the presence of law enforcement.
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|
For the purposes of this subsection (h), "enforcement
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| stop" means an action by a law enforcement officer in relation to enforcement and investigation duties, including but not limited to, traffic stops, pedestrian stops, abandoned vehicle contacts, motorist assists, commercial motor vehicle stops, roadside safety checks, requests for identification, or responses to requests for emergency assistance;
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|
(h-5) Recordings of utterances made by a person while
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| in the presence of a uniformed peace officer and while an occupant of a police vehicle including, but not limited to, (i) recordings made simultaneously with the use of an in-car video camera and (ii) recordings made in the presence of the peace officer utilizing video or audio systems, or both, authorized by the law enforcement agency;
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|
(h-10) Recordings made simultaneously with a video
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| camera recording during the use of a taser or similar weapon or device by a peace officer if the weapon or device is equipped with such camera;
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|
(h-15) Recordings made under subsection (h), (h-5),
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| or (h-10) shall be retained by the law enforcement agency that employs the peace officer who made the recordings for a storage period of 90 days, unless the recordings are made as a part of an arrest or the recordings are deemed evidence in any criminal, civil, or administrative proceeding and then the recordings must only be destroyed upon a final disposition and an order from the court. Under no circumstances shall any recording be altered or erased prior to the expiration of the designated storage period. Upon completion of the storage period, the recording medium may be erased and reissued for operational use;
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|
(i) Recording of a conversation made by or at the
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| request of a person, not a law enforcement officer or agent of a law enforcement officer, who is a party to the conversation, under reasonable suspicion that another party to the conversation is committing, is about to commit, or has committed a criminal offense against the person or a member of his or her immediate household, and there is reason to believe that evidence of the criminal offense may be obtained by the recording;
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|
(j) The use of a telephone monitoring device by
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| either (1) a corporation or other business entity engaged in marketing or opinion research or (2) a corporation or other business entity engaged in telephone solicitation, as defined in this subsection, to record or listen to oral telephone solicitation conversations or marketing or opinion research conversations by an employee of the corporation or other business entity when:
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|
(i) the monitoring is used for the purpose of
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| service quality control of marketing or opinion research or telephone solicitation, the education or training of employees or contractors engaged in marketing or opinion research or telephone solicitation, or internal research related to marketing or opinion research or telephone solicitation; and
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|
(ii) the monitoring is used with the consent of
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| at least one person who is an active party to the marketing or opinion research conversation or telephone solicitation conversation being monitored.
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|
No communication or conversation or any part,
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| portion, or aspect of the communication or conversation made, acquired, or obtained, directly or indirectly, under this exemption (j), may be, directly or indirectly, furnished to any law enforcement officer, agency, or official for any purpose or used in any inquiry or investigation, or used, directly or indirectly, in any administrative, judicial, or other proceeding, or divulged to any third party.
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|
When recording or listening authorized by this
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| subsection (j) on telephone lines used for marketing or opinion research or telephone solicitation purposes results in recording or listening to a conversation that does not relate to marketing or opinion research or telephone solicitation; the person recording or listening shall, immediately upon determining that the conversation does not relate to marketing or opinion research or telephone solicitation, terminate the recording or listening and destroy any such recording as soon as is practicable.
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|
Business entities that use a telephone monitoring or
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| telephone recording system pursuant to this exemption (j) shall provide current and prospective employees with notice that the monitoring or recordings may occur during the course of their employment. The notice shall include prominent signage notification within the workplace.
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|
Business entities that use a telephone monitoring or
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| telephone recording system pursuant to this exemption (j) shall provide their employees or agents with access to personal-only telephone lines which may be pay telephones, that are not subject to telephone monitoring or telephone recording.
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|
For the purposes of this subsection (j), "telephone
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| solicitation" means a communication through the use of a telephone by live operators:
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|
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or
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|
(iii) assisting in the use of goods or services;
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|
(iv) engaging in the solicitation,
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| administration, or collection of bank or retail credit accounts.
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|
For the purposes of this subsection (j), "marketing
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| or opinion research" means a marketing or opinion research interview conducted by a live telephone interviewer engaged by a corporation or other business entity whose principal business is the design, conduct, and analysis of polls and surveys measuring the opinions, attitudes, and responses of respondents toward products and services, or social or political issues, or both;
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|
(k) Electronic recordings, including but not limited
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| to, a motion picture, videotape, digital, or other visual or audio recording, made of a custodial interrogation of an individual at a police station or other place of detention by a law enforcement officer under Section 5-401.5 of the Juvenile Court Act of 1987 or Section 103-2.1 of the Code of Criminal Procedure of 1963;
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|
(l) Recording the interview or statement of any
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| person when the person knows that the interview is being conducted by a law enforcement officer or prosecutor and the interview takes place at a police station that is currently participating in the Custodial Interview Pilot Program established under the Illinois Criminal Justice Information Act;
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|
(m) An electronic recording, including but not
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| limited to, a motion picture, videotape, digital, or other visual or audio recording, made of the interior of a school bus while the school bus is being used in the transportation of students to and from school and school-sponsored activities, when the school board has adopted a policy authorizing such recording, notice of such recording policy is included in student handbooks and other documents including the policies of the school, notice of the policy regarding recording is provided to parents of students, and notice of such recording is clearly posted on the door of and inside the school bus.
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|
Recordings made pursuant to this subsection (m) shall
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| be confidential records and may only be used by school officials (or their designees) and law enforcement personnel for investigations, school disciplinary actions and hearings, proceedings under the Juvenile Court Act of 1987, and criminal prosecutions, related to incidents occurring in or around the school bus;
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|
(n) Recording or listening to an audio transmission
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| from a microphone placed by a person under the authority of a law enforcement agency inside a bait car surveillance vehicle while simultaneously capturing a photographic or video image;
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|
(o) The use of an eavesdropping camera or audio
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| device during an ongoing hostage or barricade situation by a law enforcement officer or individual acting on behalf of a law enforcement officer when the use of such device is necessary to protect the safety of the general public, hostages, or law enforcement officers or anyone acting on their behalf;
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|
(p) Recording or listening with the aid of any device
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| to incoming telephone calls of phone lines publicly listed or advertised as the "CPS Violence Prevention Hotline", but only where the notice of recording is given at the beginning of each call as required by Section 34-21.8 of the School Code. The recordings may be retained only by the Chicago Police Department or other law enforcement authorities, and shall not be otherwise retained or disseminated;
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|
(q)(1) With prior request to and written or verbal
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| approval of the State's Attorney of the county in which the conversation is anticipated to occur, recording or listening with the aid of an eavesdropping device to a conversation in which a law enforcement officer, or any person acting at the direction of a law enforcement officer, is a party to the conversation and has consented to the conversation being intercepted or recorded in the course of an investigation of a qualified offense. The State's Attorney may grant this approval only after determining that reasonable cause exists to believe that inculpatory conversations concerning a qualified offense will occur with a specified individual or individuals within a designated period of time.
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|
(2) Request for approval. To invoke the exception
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| contained in this subsection (q), a law enforcement officer shall make a request for approval to the appropriate State's Attorney. The request may be written or verbal; however, a written memorialization of the request must be made by the State's Attorney. This request for approval shall include whatever information is deemed necessary by the State's Attorney but shall include, at a minimum, the following information about each specified individual whom the law enforcement officer believes will commit a qualified offense:
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|
(A) his or her full or partial name, nickname or
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|
(B) a physical description; or
(C) failing either (A) or (B) of this paragraph
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| (2), any other supporting information known to the law enforcement officer at the time of the request that gives rise to reasonable cause to believe that the specified individual will participate in an inculpatory conversation concerning a qualified offense.
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|
(3) Limitations on approval. Each written approval
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| by the State's Attorney under this subsection (q) shall be limited to:
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|
(A) a recording or interception conducted by a
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| specified law enforcement officer or person acting at the direction of a law enforcement officer;
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|
(B) recording or intercepting conversations with
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| the individuals specified in the request for approval, provided that the verbal approval shall be deemed to include the recording or intercepting of conversations with other individuals, unknown to the law enforcement officer at the time of the request for approval, who are acting in conjunction with or as co-conspirators with the individuals specified in the request for approval in the commission of a qualified offense;
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|
(C) a reasonable period of time but in no event
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| longer than 24 consecutive hours;
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|
(D) the written request for approval, if
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| applicable, or the written memorialization must be filed, along with the written approval, with the circuit clerk of the jurisdiction on the next business day following the expiration of the authorized period of time, and shall be subject to review by the Chief Judge or his or her designee as deemed appropriate by the court.
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|
(3.5) The written memorialization of the request for
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| approval and the written approval by the State's Attorney may be in any format, including via facsimile, email, or otherwise, so long as it is capable of being filed with the circuit clerk.
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|
(3.10) Beginning March 1, 2015, each State's Attorney
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| shall annually submit a report to the General Assembly disclosing:
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|
(A) the number of requests for each qualified
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| offense for approval under this subsection; and
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|
(B) the number of approvals for each qualified
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| offense given by the State's Attorney.
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|
(4) Admissibility of evidence. No part of the
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| contents of any wire, electronic, or oral communication that has been recorded or intercepted as a result of this exception may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of this State, or a political subdivision of the State, other than in a prosecution of:
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|
(A) the qualified offense for which approval was
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| given to record or intercept a conversation under this subsection (q);
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|
(B) a forcible felony committed directly in the
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| course of the investigation of the qualified offense for which approval was given to record or intercept a conversation under this subsection (q); or
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|
(C) any other forcible felony committed while the
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| recording or interception was approved in accordance with this subsection (q), but for this specific category of prosecutions, only if the law enforcement officer or person acting at the direction of a law enforcement officer who has consented to the conversation being intercepted or recorded suffers great bodily injury or is killed during the commission of the charged forcible felony.
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|
(5) Compliance with the provisions of this
|
| subsection is a prerequisite to the admissibility in evidence of any part of the contents of any wire, electronic or oral communication that has been intercepted as a result of this exception, but nothing in this subsection shall be deemed to prevent a court from otherwise excluding the evidence on any other ground recognized by State or federal law, nor shall anything in this subsection be deemed to prevent a court from independently reviewing the admissibility of the evidence for compliance with the Fourth Amendment to the U.S. Constitution or with Article I, Section 6 of the Illinois Constitution.
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|
(6) Use of recordings or intercepts unrelated to
|
| qualified offenses. Whenever any private conversation or private electronic communication has been recorded or intercepted as a result of this exception that is not related to an offense for which the recording or intercept is admissible under paragraph (4) of this subsection (q), no part of the contents of the communication and evidence derived from the communication may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of this State, or a political subdivision of the State, nor may it be publicly disclosed in any way.
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|
(6.5) The Illinois State Police shall adopt rules as
|
| are necessary concerning the use of devices, retention of recordings, and reports regarding their use under this subsection (q).
|
|
(7) Definitions. For the purposes of this subsection
|
|
"Forcible felony" includes and is limited to
|
| those offenses contained in Section 2-8 of the Criminal Code of 1961 as of the effective date of this amendatory Act of the 97th General Assembly, and only as those offenses have been defined by law or judicial interpretation as of that date.
|
|
"Qualified offense" means and is limited to:
(A) a felony violation of the Cannabis
|
| Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, except for violations of:
|
|
(i) Section 4 of the Cannabis Control Act;
(ii) Section 402 of the Illinois
|
| Controlled Substances Act; and
|
|
(iii) Section 60 of the Methamphetamine
|
| Control and Community Protection Act; and
|
|
(B) first degree murder, solicitation of
|
| murder for hire, predatory criminal sexual assault of a child, criminal sexual assault, aggravated criminal sexual assault, aggravated arson, kidnapping, aggravated kidnapping, child abduction, trafficking in persons, involuntary servitude, involuntary sexual servitude of a minor, or gunrunning.
|
|
"State's Attorney" includes and is limited to the
|
| State's Attorney or an assistant State's Attorney designated by the State's Attorney to provide verbal approval to record or intercept conversations under this subsection (q).
|
|
(8) Sunset. This subsection (q) is inoperative on
|
| and after January 1, 2027. No conversations intercepted pursuant to this subsection (q), while operative, shall be inadmissible in a court of law by virtue of the inoperability of this subsection (q) on January 1, 2027.
|
|
(9) Recordings, records, and custody. Any private
|
| conversation or private electronic communication intercepted by a law enforcement officer or a person acting at the direction of law enforcement shall, if practicable, be recorded in such a way as will protect the recording from editing or other alteration. Any and all original recordings made under this subsection (q) shall be inventoried without unnecessary delay pursuant to the law enforcement agency's policies for inventorying evidence. The original recordings shall not be destroyed except upon an order of a court of competent jurisdiction; and
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|
(r) Electronic recordings, including but not limited
|
| to, motion picture, videotape, digital, or other visual or audio recording, made of a lineup under Section 107A-2 of the Code of Criminal Procedure of 1963.
|
|
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 102-918, eff. 5-27-22.)
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