(720 ILCS 5/11‑9.3)
(Text of Section from P.A. 94‑158)
Sec. 11‑9.3. Presence within school zone 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 child sex offender who violates this
provision is
guilty of a Class 4 felony.
Nothing in this Section shall be construed to infringe upon the constitutional right of a child sex offender to be present in a school building that is used as a polling place for the purpose of voting.
(1) (Blank; or)
(2) (Blank.)
(b) It is unlawful for a child sex offender to knowingly loiter on a public
way 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. A child sex offender who violates this
provision is
guilty of a Class 4 felony.
(1) (Blank; or)
(2) (Blank.)
(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 the
effective date of this amendatory Act of the 91st General Assembly.
(c) 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 (c) or the attempt to commit an included sex 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: 10‑7 (aiding and abetting child abduction under Section 10‑5(b)(10)), 10‑5(b)(10) (child luring), 11‑6 (indecent solicitation of a child), 11‑6.5 (indecent solicitation of an adult), 11‑9 (public indecency when committed in a school, on the real property comprising a school, or on a conveyance, owned, leased, or contracted by a school to transport students to or from school or a school related activity), 11‑9.1 (sexual exploitation of a child), 11‑15.1 (soliciting for a juvenile prostitute), 11‑17.1 (keeping a place of juvenile prostitution), 11‑18.1 (patronizing a juvenile prostitute), 11‑19.1 (juvenile pimping), 11‑19.2 (exploitation of a child), 11‑20.1 (child pornography), 11‑21 (harmful material), 12‑14.1 (predatory criminal sexual assault of 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). An attempt to commit any of these offenses.
|
|
(ii) A violation of any of the following
|
|
Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age: 12‑13 (criminal sexual assault), 12‑14 (aggravated criminal sexual assault), 12‑15 (criminal sexual abuse), 12‑16 (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, 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).
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) of subsection (c) of this Section.
|
|
(2.5) For the purposes of subsection (b‑5) only, a
|
|
|
(i) A violation of any of the following Sections
|
|
of the Criminal Code of 1961:
|
|
10‑5(b)(10) (child luring), 10‑7 (aiding and
|
|
abetting child abduction under Section 10‑5(b)(10)), 11‑6 (indecent solicitation of a child), 11‑6.5 (indecent solicitation of an adult), 11‑15.1 (soliciting for a juvenile prostitute), 11‑17.1 (keeping a place of juvenile prostitution), 11‑18.1 (patronizing a juvenile prostitute), 11‑19.1 (juvenile pimping), 11‑19.2 (exploitation of a child), 11‑20.1 (child pornography), 12‑14.1 (predatory criminal sexual assault of 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, when the victim is a person under 18 years of age: 12‑13 (criminal sexual assault), 12‑14 (aggravated criminal sexual assault), 12‑16 (aggravated criminal sexual abuse), and subsection (a) of Section 12‑15 (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, 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).
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 (c) of this Section shall constitute a conviction for the purpose of this Article. 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) "School" means a public or private pre‑school,
|
|
elementary, or secondary school.
|
|
(5) "Loiter" means:
(i) Standing, sitting idly, whether or not the
|
|
person is in a vehicle or remaining in or around school property.
|
|
(ii) Standing, sitting idly, whether or not the
|
|
person is in a vehicle or remaining in or around school property, for the purpose of committing or attempting to commit a sex offense.
|
|
(6) "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.
|
|
(d) Sentence. A person who violates this Section is guilty of a Class 4
felony.
(Source: P.A. 94‑158, eff. 7‑11‑05.)
(Text of Section from P.A. 94‑164)
Sec. 11‑9.3. Presence within school zone 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
present in the building, on the grounds or in the conveyance 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 child sex offender who violates this
provision is
guilty of a Class 4 felony.
(1) (Blank; or)
(2) (Blank.)
(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 present in the
building or on the grounds 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. A child sex offender who violates this
provision is
guilty of a Class 4 felony.
(1) (Blank; or)
(2) (Blank.)
(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 the
effective date of this amendatory Act of the 91st General Assembly.
(c) 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 (c) or the attempt to commit an included sex 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: 10‑7 (aiding and abetting child abduction under Section 10‑5(b)(10)), 10‑5(b)(10) (child luring), 11‑6 (indecent solicitation of a child), 11‑6.5 (indecent solicitation of an adult), 11‑9 (public indecency when committed in a school, on the real property comprising a school, or on a conveyance, owned, leased, or contracted by a school to transport students to or from school or a school related activity), 11‑9.1 (sexual exploitation of a child), 11‑15.1 (soliciting for a juvenile prostitute), 11‑17.1 (keeping a place of juvenile prostitution), 11‑18.1 (patronizing a juvenile prostitute), 11‑19.1 (juvenile pimping), 11‑19.2 (exploitation of a child), 11‑20.1 (child pornography), 11‑21 (harmful material), 12‑14.1 (predatory criminal sexual assault of 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). An attempt to commit any of these offenses.
|
|
(ii) A violation of any of the following
|
|
Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age: 12‑13 (criminal sexual assault), 12‑14 (aggravated criminal sexual assault), 12‑15 (criminal sexual abuse), 12‑16 (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, 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).
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) of subsection (c) of this Section.
|
|
(2.5) For the purposes of subsection (b‑5) only, a
|
|
|
(i) A violation of any of the following Sections
|
|
of the Criminal Code of 1961:
|
|
10‑5(b)(10) (child luring), 10‑7 (aiding and
|
|
abetting child abduction under Section 10‑5(b)(10)), 11‑6 (indecent solicitation of a child), 11‑6.5 (indecent solicitation of an adult), 11‑15.1 (soliciting for a juvenile prostitute), 11‑17.1 (keeping a place of juvenile prostitution), 11‑18.1 (patronizing a juvenile prostitute), 11‑19.1 (juvenile pimping), 11‑19.2 (exploitation of a child), 11‑20.1 (child pornography), 12‑14.1 (predatory criminal sexual assault of 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, when the victim is a person under 18 years of age: 12‑13 (criminal sexual assault), 12‑14 (aggravated criminal sexual assault), 12‑16 (aggravated criminal sexual abuse), and subsection (a) of Section 12‑15 (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, 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).
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 (c) of this Section shall constitute a conviction for the purpose of this Article. 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) "School" means a public or private pre‑school,
|
|
elementary, or secondary school.
|
|
(5) "Loiter" means:
(i) Standing, sitting idly, whether or not the
|
|
person is in a vehicle or remaining in or around school property.
|
|
(ii) Standing, sitting idly, whether or not the
|
|
person is in a vehicle or remaining in or around school 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.
|
|
(6) "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.
|
|
(d) Sentence. A person who violates this Section is guilty of a Class 4
felony.
(Source: P.A. 94‑164, eff. 1‑1‑06.)
(Text of Section from P.A. 94‑170)
Sec. 11‑9.3. Presence within school zone 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 child sex offender who violates this
provision is
guilty of a Class 4 felony.
Nothing in this Section shall be construed to infringe upon the constitutional right of a child sex offender to be present in a school building that is used as a polling place for the purpose of voting.
(1) (Blank; or)
(2) (Blank.)
(b) It is unlawful for a child sex offender to knowingly loiter on a public
way 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. A child sex offender who violates this
provision is
guilty of a Class 4 felony.
(1) (Blank; or)
(2) (Blank.)
(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 the
effective date of this amendatory Act of the 91st General Assembly.
(c) 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 (c) or the attempt to commit an included sex 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: 10‑7 (aiding and abetting child abduction under Section 10‑5(b)(10)), 10‑5(b)(10) (child luring), 11‑6 (indecent solicitation of a child), 11‑6.5 (indecent solicitation of an adult), 11‑9 (public indecency when committed in a school, on the real property comprising a school, or on a conveyance, owned, leased, or contracted by a school to transport students to or from school or a school related activity), 11‑9.1 (sexual exploitation of a child), 11‑15.1 (soliciting for a juvenile prostitute), 11‑17.1 (keeping a place of juvenile prostitution), 11‑18.1 (patronizing a juvenile prostitute), 11‑19.1 (juvenile pimping), 11‑19.2 (exploitation of a child), 11‑20.1 (child pornography), 11‑21 (harmful material), 12‑14.1 (predatory criminal sexual assault of 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). An attempt to commit any of these offenses.
|
|
(ii) A violation of any of the following
|
|
Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age: 12‑13 (criminal sexual assault), 12‑14 (aggravated criminal sexual assault), 12‑15 (criminal sexual abuse), 12‑16 (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, 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).
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) of subsection (c) of this Section.
|
|
(2.5) For the purposes of subsection (b‑5) only, a
|
|
|
(i) A violation of any of the following Sections
|
|
of the Criminal Code of 1961:
|
|
10‑5(b)(10) (child luring), 10‑7 (aiding and
|
|
abetting child abduction under Section 10‑5(b)(10)), 11‑6 (indecent solicitation of a child), 11‑6.5 (indecent solicitation of an adult), 11‑15.1 (soliciting for a juvenile prostitute), 11‑17.1 (keeping a place of juvenile prostitution), 11‑18.1 (patronizing a juvenile prostitute), 11‑19.1 (juvenile pimping), 11‑19.2 (exploitation of a child), 11‑20.1 (child pornography), 12‑14.1 (predatory criminal sexual assault of 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, when the victim is a person under 18 years of age: 12‑13 (criminal sexual assault), 12‑14 (aggravated criminal sexual assault), 12‑16 (aggravated criminal sexual abuse), and subsection (a) of Section 12‑15 (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, 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).
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 (c) of this Section shall constitute a conviction for the purpose of this Article. 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) "School" means a public or private pre‑school,
|
|
elementary, or secondary school.
|
|
(5) "Loiter" means:
(i) Standing, sitting idly, whether or not the
|
|
person is in a vehicle or remaining in or around school property.
|
|
(ii) Standing, sitting idly, whether or not the
|
|
person is in a vehicle or remaining in or around school property, for the purpose of committing or attempting to commit a sex offense.
|
|
(6) "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.
|
|
(d) Sentence. A person who violates this Section is guilty of a Class 4
felony.
(Source: P.A. 94‑170, eff. 7‑11‑05.)
|
(720 ILCS 5/11‑9.4)
Sec. 11‑9.4. Approaching, contacting, residing, 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
public park 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 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 playground, child care institution, day care center, part day child care facility, or a facility providing programs or services
exclusively directed toward persons under 18 years of age. Nothing in this
subsection (b‑5) 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 the effective date of this
amendatory Act of the 91st General Assembly. Nothing in this
subsection (b‑5) 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 the effective date of this
amendatory Act of the 94th General Assembly.
(b‑6) 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‑6) 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 the effective date of this
amendatory Act of the 92nd General Assembly.
This subsection (b‑6) does not apply if the victim of the sex offense
is 21 years of age or older.
(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 towards persons under the age of 18; (ii) day care center; (iii) part day child care facility; (iv) child care institution, or (v) school providing before and after school programs for children under 18 years of age.
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 is operated.
(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:
|
|
(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: 10‑7 (aiding and abetting child abduction under Section 10‑5(b)(10)), 10‑5(b)(10) (child luring), 11‑6 (indecent solicitation of a child), 11‑6.5 (indecent solicitation of an adult), 11‑9 (public indecency when committed in a school, on the real property comprising a school, on a 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), 11‑9.1 (sexual exploitation of a child), 11‑15.1 (soliciting for a juvenile prostitute), 11‑17.1 (keeping a place of juvenile prostitution), 11‑18.1 (patronizing a juvenile prostitute), 11‑19.1 (juvenile pimping), 11‑19.2 (exploitation of a child), 11‑20.1 (child pornography), 11‑21 (harmful material), 12‑14.1 (predatory criminal sexual assault of 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, on 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, when the victim is a person under 18 years of age: 12‑13 (criminal sexual assault), 12‑14 (aggravated criminal sexual assault), 12‑15 (criminal sexual abuse), 12‑16 (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, 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).
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) of this subsection (d).
|
|
(2.5) For the purposes of subsection (b‑5) only, a
|
|
|
(i) A violation of any of the following Sections
|
|
of the Criminal Code of 1961:
|
|
10‑5(b)(10) (child luring), 10‑7 (aiding and
|
|
abetting child abduction under Section 10‑5(b)(10)), 11‑6 (indecent solicitation of a child), 11‑6.5 (indecent solicitation of an adult), 11‑15.1 (soliciting for a juvenile prostitute), 11‑17.1 (keeping a place of juvenile prostitution), 11‑18.1 (patronizing a juvenile prostitute), 11‑19.1 (juvenile pimping), 11‑19.2 (exploitation of a child), 11‑20.1 (child pornography), 12‑14.1 (predatory criminal sexual assault of 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, when the victim is a person under 18 years of age: 12‑13 (criminal sexual assault), 12‑14 (aggravated criminal sexual assault), 12‑16 (aggravated criminal sexual abuse), and subsection (a) of Section 12‑15 (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, 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).
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 this subsection (d) 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) "Public park" includes a park, forest preserve,
|
|
or conservation area under the jurisdiction of the State or a unit of local government.
|
|
(5) "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.
|
|
(6) "Loiter" means:
(i) Standing, sitting idly, whether or not the
|
|
person is in a vehicle or remaining in or around public park property.
|
|
(ii) Standing, sitting idly, whether or not the
|
|
person is in a vehicle or remaining in or around public park property, for the purpose of committing or attempting to commit a sex offense.
|
|
(7) "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.
|
|
(8) "Child care institution" has the meaning ascribed
|
|
to it in Section 2.06 of the Child Care Act of 1969.
|
|
(9) "Day care center" has the meaning ascribed to it
|
|
in Section 2.09 of the Child Care Act of 1969.
|
|
(10) "Part day child care facility" has the meaning
|
|
ascribed to it in Section 2.10 of the Child Care Act of 1969.
|
|
(e) Sentence. A person who violates this Section is guilty of a Class 4
felony.
(Source: P.A. 94‑925, eff. 6‑26‑06.)
|
(720 ILCS 5/11‑20.1) (from Ch. 38, par. 11‑20.1)
Sec. 11‑20.1. Child pornography.
(a) A person commits the offense of 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 knows or reasonably should know to be under the age of 18 or any severely or profoundly mentally retarded person where such child or severely or profoundly mentally retarded person is:
|
|
(i) actually or by simulation engaged in any act
|
|
of sexual penetration or sexual conduct with any person or animal; or
|
|
(ii) actually or by simulation engaged in any
|
|
act of sexual penetration or sexual conduct involving the sex organs of the child or severely or profoundly mentally retarded person 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 severely or profoundly mentally retarded person and the sex organs of another person or animal; or
|
|
(iii) actually or by simulation engaged in any
|
|
|
(iv) actually or by simulation portrayed as
|
|
being the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal; or
|
|
(v) actually or by simulation engaged in any act
|
|
of excretion or urination within a sexual context; or
|
|
(vi) actually or by simulation portrayed or
|
|
depicted as bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in any sexual context; or
|
|
(vii) depicted or portrayed in any pose, posture
|
|
or setting involving a lewd exhibition of the unclothed or transparently clothed genitals, pubic area, buttocks, or, if such person is female, a fully or partially developed breast of the child or other person; or
|
|
(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 severely or profoundly mentally retarded person whom the person knows or reasonably should know to be under the age of 18 or to be a severely or profoundly mentally retarded person, engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
|
|
(3) with knowledge of the subject matter or theme
|
|
thereof, produces any stage play, live performance, film, videotape or other similar visual portrayal or depiction by computer which includes a child whom the person knows or reasonably should know to be under the age of 18 or a severely or profoundly mentally retarded person engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
|
|
(4) solicits, uses, persuades, induces, entices, or
|
|
coerces any child whom he knows or reasonably should know to be under the age of 18 or a severely or profoundly mentally retarded person 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 severely or profoundly mentally retarded person 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
|
|
(5) is a parent, step‑parent, legal guardian or
|
|
other person having care or custody of a child whom the person knows or reasonably should know to be under the age of 18 or a severely or profoundly mentally retarded person and who knowingly permits, induces, promotes, or arranges for such child or severely or profoundly mentally retarded person 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
|
|
(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 severely or profoundly mentally retarded person whom the person knows or reasonably should know to be under the age of 18 or to be a severely or profoundly mentally retarded person, engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
|
|
(7) solicits, uses, persuades, induces, entices, or
|
|
coerces a person to provide a child under the age of 18 or a severely or profoundly mentally retarded person 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 severely or profoundly mentally retarded person 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.
|
|
(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 severely or profoundly mentally retarded person but only where, prior to the act or acts giving rise to a prosecution under this Section, he 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 severely or profoundly mentally retarded person and his reliance upon the information so obtained was clearly reasonable.
|
|
(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.
|
|
(4) Possession by the defendant of more than one of
|
|
the same film, videotape or visual reproduction or depiction by computer in which child pornography is depicted shall raise a rebuttable presumption 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.
|
|
(c) 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. 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.
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. 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.
(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
severely or profoundly mentally retarded person 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.
(e‑5) Upon the conclusion of a case brought under this Section, the court
shall seal all evidence depicting a victim or witness that is sexually
explicit. The evidence may be unsealed and viewed, on a motion of the party
seeking to unseal and view the evidence, only for good cause shown and in the
discretion of the court. The motion must expressly set forth the purpose for
viewing the material. The State's attorney and the victim, if possible, shall
be provided reasonable notice of the hearing on the motion to unseal the
evidence. Any person entitled to notice of a hearing under this subsection
(e‑5) may object to the motion.
(f) Definitions. For the purposes of this Section:
(1) "Disseminate" means (i) to sell, distribute,
|
|
exchange or transfer possession, whether with or without consideration or (ii) to make a depiction by computer available for distribution or downloading through the facilities of any telecommunications network or through any other means of transferring computer programs or data to a computer.
|
|
(2) "Produce" means to direct, promote, advertise,
|
|
publish, manufacture, issue, present or show.
|
|
(3) "Reproduce" means to make a duplication or copy.
(4) "Depict by computer" means to generate or
|
|
create, or cause to be created or generated, a computer program or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display.
|
|
(5) "Depiction by computer" means a computer program
|
|
or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display.
|
|
(6) "Computer", "computer program", and "data" have
|
|
the meanings ascribed to them in Section 16D‑2 of this Code.
|
|
(7) "Child" 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, 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" 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.
|
|
(8) "Sexual penetration" and "sexual conduct" have
|
|
the meanings ascribed to them in Section 12‑12 of this Code.
|
|
(g) Re‑enactment; findings; purposes.
(1) The General Assembly finds and declares that:
(i) Section 50‑5 of Public Act 88‑680, effective
|
|
January 1, 1995, contained provisions amending the child pornography statute, Section 11‑20.1 of the Criminal Code of 1961. Section 50‑5 also contained other provisions.
|
|
(ii) In addition, Public Act 88‑680 was entitled
|
|
"AN ACT to create a Safe Neighborhoods Law". (A) Article 5 was entitled JUVENILE JUSTICE and amended the Juvenile Court Act of 1987. (B) Article 15 was entitled GANGS and amended various provisions of the Criminal Code of 1961 and the Unified Code of Corrections. (C) Article 20 was entitled ALCOHOL ABUSE and amended various provisions of the Illinois Vehicle Code. (D) Article 25 was entitled DRUG ABUSE and amended the Cannabis Control Act and the Illinois Controlled Substances Act. (E) Article 30 was entitled FIREARMS and amended the Criminal Code of 1961 and the Code of Criminal Procedure of 1963. (F) Article 35 amended the Criminal Code of 1961, the Rights of Crime Victims and Witnesses Act, and the Unified Code of Corrections. (G) Article 40 amended the Criminal Code of 1961 to increase the penalty for compelling organization membership of persons. (H) Article 45 created the Secure Residential Youth Care Facility Licensing Act and amended the State Finance Act, the Juvenile Court Act of 1987, the Unified Code of Corrections, and the Private Correctional Facility Moratorium Act. (I) Article 50 amended the WIC Vendor Management Act, the Firearm Owners Identification Card Act, the Juvenile Court Act of 1987, the Criminal Code of 1961, the Wrongs to Children Act, and the Unified Code of Corrections.
|
|
(iii) On September 22, 1998, the Third District
|
|
Appellate Court in People v. Dainty, 701 N.E. 2d 118, ruled that Public Act 88‑680 violates the single subject clause of the Illinois Constitution (Article IV, Section 8 (d)) and was unconstitutional in its entirety. As of the time this amendatory Act of 1999 was prepared, People v. Dainty was still subject to appeal.
|
|
(iv) Child pornography is a vital concern to the
|
|
people of this State and the validity of future prosecutions under the child pornography statute of the Criminal Code of 1961 is in grave doubt.
|
|
(2) It is the purpose of this amendatory Act of 1999
|
|
to prevent or minimize any problems relating to prosecutions for child pornography that may result from challenges to the constitutional validity of Public Act 88‑680 by re‑enacting the Section relating to child pornography that was included in Public Act 88‑680.
|
|
(3) This amendatory Act of 1999 re‑enacts Section
|
|
11‑20.1 of the Criminal Code of 1961, as it has been amended. This re‑enactment is intended to remove any question as to the validity or content of that Section; it is not intended to supersede any other Public Act that amends the text of the Section as set forth in this amendatory Act of 1999. The material is shown as existing text (i.e., without underscoring) because, as of the time this amendatory Act of 1999 was prepared, People v. Dainty was subject to appeal to the Illinois Supreme Court.
|
|
(4) The re‑enactment by this amendatory Act of 1999
|
|
of Section 11‑20.1 of the Criminal Code of 1961 relating to child pornography that was amended by Public Act 88‑680 is not intended, and shall not be construed, to imply that Public Act 88‑680 is invalid or to limit or impair any legal argument concerning whether those provisions were substantially re‑enacted by other Public Acts.
|
|
(Source: P.A. 94‑366, eff. 7‑29‑05.)
|
(720 ILCS 5/11‑21) (from Ch. 38, par. 11‑21)
Sec. 11‑21. Harmful material.
(a) As used in this Section:
"Distribute" means transfer possession of, whether
|
with or without consideration.
|
|
"Harmful to minors" means that quality of any
|
|
description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado‑masochistic abuse, when, taken as a whole, it (i) predominately appeals to the prurient interest in sex of minors, (ii) is patently offensive to prevailing standards in the adult community in the State as a whole with respect to what is suitable material for minors, and (iii) lacks serious literary, artistic, political, or scientific value for minors.
|
|
"Knowingly" means having knowledge of the contents of
|
|
the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents.
|
|
"Material" means (i) any picture, photograph,
|
|
drawing, sculpture, film, video game, computer game, video or similar visual depiction, including any such representation or image which is stored electronically, or (ii) any book, magazine, printed matter however reproduced, or recorded audio of any sort.
|
|
"Minor" means any person under the age of 18.
"Nudity" means the showing of the human male or
|
|
female genitals, pubic area or buttocks with less than a full 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 discernably turgid state.
|
|
"Sado‑masochistic abuse" means flagellation or
|
|
torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one clothed for sexual gratification or stimulation.
|
|
"Sexual conduct" means acts of masturbation, sexual
|
|
intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.
|
|
"Sexual excitement" means the condition of human male
|
|
or female genitals when in a state of sexual stimulation or arousal.
|
|
(b) A person is guilty of distributing harmful material to a minor when he or she:
(1) knowingly sells, lends, distributes, or gives
|
|
away to a minor, knowing that the minor is under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age:
|
|
(A) any material which depicts nudity, sexual
|
|
conduct or sado‑masochistic abuse, or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado‑masochistic abuse, and which taken as a whole is harmful to minors;
|
|
(B) a motion picture, show, or other presentation
|
|
which depicts nudity, sexual conduct or sado‑masochistic abuse and is harmful to minors; or
|
|
(C) an admission ticket or pass to premises where
|
|
there is exhibited or to be exhibited such a motion picture, show, or other presentation; or
|
|
(2) admits a minor to premises where there is
|
|
exhibited or to be exhibited such a motion picture, show, or other presentation, knowing that the minor is a person under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age.
|
|
(c) In any prosecution arising under this Section, it is an affirmative defense:
(1) that the minor as to whom the offense is alleged
|
|
to have been committed exhibited to the accused a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the minor was 18 years of age or older, which was relied upon by the accused;
|
|
(2) that the defendant was in a parental or
|
|
guardianship relationship with the minor or that the minor was accompanied by a parent or legal guardian;
|
|
(3) that the defendant was a bona fide school,
|
|
museum, or public library, or was a person acting in the course of his or her employment as an employee or official of such organization or retail outlet affiliated with and serving the educational purpose of such organization;
|
|
(4) that the act charged was committed in aid of
|
|
legitimate scientific or educational purposes; or
|
|
(5) that an advertisement of harmful material as
|
|
defined in this Section culminated in the sale or distribution of such harmful material to a child under circumstances where there was no personal confrontation of the child by the defendant, his employees, or agents, as where the order or request for such harmful material was transmitted by mail, telephone, Internet or similar means of communication, and delivery of such harmful material to the child was by mail, freight, Internet or similar means of transport, which advertisement contained the following statement, or a substantially similar statement, and that the defendant required the purchaser to certify that he or she was not under the age of 18 and that the purchaser falsely stated that he or she was not under the age of 18: "NOTICE: It is unlawful for any person under the age of 18 to purchase the matter advertised. Any person under the age of 18 that falsely states that he or she is not under the age of 18 for the purpose of obtaining the material advertised is guilty of a Class B misdemeanor under the laws of the State."
|
|
(d) The predominant appeal to prurient interest of the material shall be judged with reference to average children of the same general age of the child to whom such material was sold, lent, distributed or given, unless it appears from the nature of the matter or the circumstances of its dissemination or distribution that it is designed for specially susceptible groups, in which case the predominant appeal of the material shall be judged with reference to its intended or probable recipient group.
(e) Distribution of harmful material in violation of this Section is a Class A misdemeanor. A second or subsequent offense is a Class 4 felony.
(f) Any person under the age of 18 that falsely states, either orally or in writing, that he or she is not under the age of 18, or that presents or offers to any person any evidence of age and identity that is false or not actually his or her own for the purpose of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view any harmful material is guilty of a Class B misdemeanor.
(Source: P.A. 94‑315, eff. 1‑1‑06.)
|
