State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]

[ Introduced ]

91_HB0295eng

 
HB0295 Engrossed                              LRB9100826RCksA

 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Sections 11-6 and 11-6.5 and adding Section 16D-5.5.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The  Criminal  Code  of  1961  is amended by
 6    changing Sections 11-6 and 11-6.5 and adding Section  16D-5.5
 7    as follows:

 8        (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
 9        Sec. 11-6.  Indecent solicitation of a child.
10        (a)  A  person  of  the  age  of 17 years and upwards who
11    solicits a child under the age of 17, who is at least 3 years
12    younger than the defendant, 13 to do any act, or  solicits  a
13    person  to  arrange  an act with a child under the age of 17,
14    who is at least 3 years younger than the defendant, 13, which
15    if  done  would  be  aggravated  criminal   sexual   assault,
16    predatory criminal sexual assault of a child, criminal sexual
17    assault, aggravated criminal sexual abuse, or criminal sexual
18    abuse, commits indecent solicitation of a child.
19        (b)  It  shall  not be a defense to indecent solicitation
20    of a child that the accused reasonably believed the child  to
21    be  of  the age that the accused would not be in violation of
22    subsection (a) of 13 years and upwards.
23        (c)  Sentence.
24        Indecent solicitation of a child is:
25             (1)  a Class A misdemeanor when the  act,  if  done,
26        would be criminal sexual abuse;
27             (2)  a  Class  4 felony when the act, if done, would
28        be criminal sexual assault,  aggravated  criminal  sexual
29        assault, or aggravated criminal sexual abuse.
30        (d)  For   the   purposes  of  this  Section,  "solicits"
31    includes but is not limited to oral or written  communication
 
HB0295 Engrossed            -2-               LRB9100826RCksA
 1    and communication by telephone, computer, or other electronic
 2    means.   "Computer" has the meaning ascribed to it in Section
 3    16D-2 of this Code.
 4    (Source: P.A.  89-8,  eff.  3-21-95;  89-203,  eff.  7-21-95;
 5    89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)

 6        (720 ILCS 5/11-6.5)
 7        Sec. 11-6.5.  Indecent solicitation of an adult.
 8        (a)  A  person  commits indecent solicitation of an adult
 9    if the person:
10             (1)  Arranges for a person 17 years of age  or  over
11        to  commit  an  act  of  sexual penetration as defined in
12        Section 12-12 with a person:  (i) under the age of 17  13
13        years; or
14                  (ii)  Thirteen  years  of age or over but under
15             the age of 17 years; or
16             (2)  Arranges for a person 17 years of age  or  over
17        to  commit an act of sexual conduct as defined in Section
18        12-12 with a person: (i) under the age of 17 13 years.  ;
19        or
20                  (ii)  Thirteen  years of age or older but under
21             the age of 17 years.
22        (b)  Sentence.
23             (1)  Violation of paragraph (a)(1)(i) is a  Class  X
24        felony.
25             (1)  (2)  Violation  of  paragraph  (a)(1)(ii)  is a
26        Class 1 felony unless the victim is  under  13  years  of
27        age.   Violation  of paragraph (a)(1) is a Class X felony
28        if the victim is under 13 years of age.
29             (3)  Violation of paragraph (a)(2)(i) is a  Class  2
30        felony.
31             (2)  (4)  Violation  of  paragraph  (a)(2)(ii)  is a
32        Class A misdemeanor unless the victim is under  13  years
33        of  age.    Violation  of  paragraph  (a)(2) is a Class 4
 
HB0295 Engrossed            -3-               LRB9100826RCksA
 1        felony if the victim is under 13 years of age.
 2        (c)  For  the  purposes  of  this   Section,   "arranges"
 3    includes  but is not limited to oral or written communication
 4    and communication by telephone, computer, or other electronic
 5    means.  "Computer" has the meaning ascribed to it in  Section
 6    16D-2 of this Code.
 7    (Source: P.A. 88-165; 89-203, eff. 7-21-95.)

 8        (720 ILCS 5/16D-5.5 new)
 9        Sec. 16D-5.5.  Solicitation of a minor by computer.
10        (a)  Any  person  17  years  of  age or older commits the
11    offense of solicitation of a minor by computer when he or she
12    knowingly offers any communication, or engages in an exchange
13    of communication, by way of computer, or through or upon  any
14    computer-linked  network or system with a child under the age
15    of 17 years  who  is  at  least  3  years  younger  than  the
16    defendant,  with  an  intent  to  commit any of the following
17    offenses:  indecent  solicitation  of  an   adult,   indecent
18    solicitation   of   a   child,   soliciting  for  a  juvenile
19    prostitute, or juvenile pimping.
20        (b)  Sentence.  Solicitation of a minor by computer is  a
21    Class  4  felony  unless the victim is under 13 years of age.
22    Solicitation of a minor by computer is a Class  2  felony  if
23    the victim is under 13 years of age.

24        Section  99.  Effective date.  This Act takes effect upon
25    becoming law.

[ Top ]