(720 ILCS 5/9‑1)
(from Ch. 38, par. 9‑1)
Sec. 9‑1.
First degree Murder ‑ Death penalties ‑ Exceptions ‑ Separate Hearings ‑ Proof ‑ Findings ‑ Appellate procedures ‑ Reversals.
(a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death:
(1) he either intends to kill or do great bodily harm
| to that individual or another, or knows that such acts will cause death to that individual or another; or | |
(2) he knows that such acts create a strong |
| probability of death or great bodily harm to that individual or another; or | |
(3) he is attempting or committing a forcible felony |
| other than second degree murder. | |
(b) Aggravating Factors. A defendant who at the time of the commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to death if:
(1) the murdered individual was a peace officer or |
| fireman killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer or fireman; or | |
(2) the murdered individual was an employee of an |
| institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, or the murdered individual was an inmate at such institution or facility and was killed on the grounds thereof, or the murdered individual was otherwise present in such institution or facility with the knowledge and approval of the chief administrative officer thereof; or | |
(3) the defendant has been convicted of murdering two |
| or more individuals under subsection (a) of this Section or under any law of the United States or of any state which is substantially similar to subsection (a) of this Section regardless of whether the deaths occurred as the result of the same act or of several related or unrelated acts so long as the deaths were the result of either an intent to kill more than one person or of separate acts which the defendant knew would cause death or create a strong probability of death or great bodily harm to the murdered individual or another; or | |
(4) the murdered individual was killed as a result of |
| the hijacking of an airplane, train, ship, bus or other public conveyance; or | |
(5) the defendant committed the murder pursuant to a |
| contract, agreement or understanding by which he was to receive money or anything of value in return for committing the murder or procured another to commit the murder for money or anything of value; or | |
(6) the murdered individual was killed in the course |
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(a) the murdered individual:
(i) was actually killed by the defendant, or
(ii) received physical injuries personally |
| inflicted by the defendant substantially contemporaneously with physical injuries caused by one or more persons for whose conduct the defendant is legally accountable under Section 5‑2 of this Code, and the physical injuries inflicted by either the defendant or the other person or persons for whose conduct he is legally accountable caused the death of the murdered individual; and | |
(b) in performing the acts which caused the death |
| of the murdered individual or which resulted in physical injuries personally inflicted by the defendant on the murdered individual under the circumstances of subdivision (ii) of subparagraph (a) of paragraph (6) of subsection (b) of this Section, the defendant acted with the intent to kill the murdered individual or with the knowledge that his acts created a strong probability of death or great bodily harm to the murdered individual or another; and | |
(c) the other felony was an inherently violent |
| crime or the attempt to commit an inherently violent crime. In this subparagraph (c), "inherently violent crime" includes, but is not limited to, armed robbery, robbery, predatory criminal sexual assault of a child, aggravated criminal sexual assault, aggravated kidnapping, aggravated vehicular hijacking, aggravated arson, aggravated stalking, residential burglary, and home invasion; or | |
(7) the murdered individual was under 12 years of age |
| and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty; or | |
(8) the defendant committed the murder with intent to |
| prevent the murdered individual from testifying or participating in any criminal investigation or prosecution or giving material assistance to the State in any investigation or prosecution, either against the defendant or another; or the defendant committed the murder because the murdered individual was a witness in any prosecution or gave material assistance to the State in any investigation or prosecution, either against the defendant or another; for purposes of this paragraph (8), "participating in any criminal investigation or prosecution" is intended to include those appearing in the proceedings in any capacity such as trial judges, prosecutors, defense attorneys, investigators, witnesses, or jurors; or | |
(9) the defendant, while committing an offense |
| punishable under Sections 401, 401.1, 401.2, 405, 405.2, 407 or 407.1 or subsection (b) of Section 404 of the Illinois Controlled Substances Act, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual; or | |
(10) the defendant was incarcerated in an institution |
| or facility of the Department of Corrections at the time of the murder, and while committing an offense punishable as a felony under Illinois law, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual; or | |
(11) the murder was committed in a cold, calculated |
| and premeditated manner pursuant to a preconceived plan, scheme or design to take a human life by unlawful means, and the conduct of the defendant created a reasonable expectation that the death of a human being would result therefrom; or | |
(12) the murdered individual was an emergency medical |
| technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, and the defendant knew or should have known that the murdered individual was an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel; or | |
(13) the defendant was a principal administrator, |
| organizer, or leader of a calculated criminal drug conspiracy consisting of a hierarchical position of authority superior to that of all other members of the conspiracy, and the defendant counseled, commanded, induced, procured, or caused the intentional killing of the murdered person; or | |
(14) the murder was intentional and involved the |
| infliction of torture. For the purpose of this Section torture means 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; or | |
(15) the murder was committed as a result of the |
| intentional discharge of a firearm by the defendant from a motor vehicle and the victim was not present within the motor vehicle; or | |
(16) the murdered individual was 60 years of age or |
| older and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty; or | |
(17) the murdered individual was a disabled person |
| and the defendant knew or should have known that the murdered individual was disabled. For purposes of this paragraph (17), "disabled person" means a person who suffers from a permanent physical or mental impairment resulting from disease, an injury, a functional disorder, or a congenital condition that renders the person incapable of adequately providing for his or her own health or personal care; or | |
(18) the murder was committed by reason of any |
| person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer; or | |
(19) the murdered individual was subject to an order |
| of protection and the murder was committed by a person against whom the same order of protection was issued under the Illinois Domestic Violence Act of 1986; or | |
(20) the murdered individual was known by the |
| defendant to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes; or | |
(21) the murder was committed by the defendant in |
| connection with or as a result of the offense of terrorism as defined in Section 29D‑14.9 of this Code. | |
(c) Consideration of factors in Aggravation and Mitigation.
The court shall consider, or shall instruct the jury to consider any aggravating and any mitigating factors which are relevant to the imposition of the death penalty. Aggravating factors may include but need not be limited to those factors set forth in subsection (b). Mitigating factors may include but need not be limited to the following:
(1) the defendant has no significant history of prior |
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(2) the murder was committed while the defendant was |
| under the influence of extreme mental or emotional disturbance, although not such as to constitute a defense to prosecution; | |
(3) the murdered individual was a participant in the |
| defendant's homicidal conduct or consented to the homicidal act; | |
(4) the defendant acted under the compulsion of |
| threat or menace of the imminent infliction of death or great bodily harm; | |
(5) the defendant was not personally present during |
| commission of the act or acts causing death; | |
(6) the defendant's background includes a history of |
| extreme emotional or physical abuse; | |
(7) the defendant suffers from a reduced mental |
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(d) Separate sentencing hearing.
Where requested by the State, the court shall conduct a separate sentencing proceeding to determine the existence of factors set forth in subsection (b) and to consider any aggravating or mitigating factors as indicated in subsection (c). The proceeding shall be conducted:
(1) before the jury that determined the defendant's |
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(2) before a jury impanelled for the purpose of the |
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A. the defendant was convicted upon a plea of |
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B. the defendant was convicted after a trial |
| before the court sitting without a jury; or | |
C. the court for good cause shown discharges the |
| jury that determined the defendant's guilt; or | |
(3) before the court alone if the defendant waives a |
| jury for the separate proceeding. | |
(e) Evidence and Argument.
During the proceeding any information relevant to any of the factors set forth in subsection (b) may be presented by either the State or the defendant under the rules governing the admission of evidence at criminal trials. Any information relevant to any additional aggravating factors or any mitigating factors indicated in subsection (c) may be presented by the State or defendant regardless of its admissibility under the rules governing the admission of evidence at criminal trials. The State and the defendant shall be given fair opportunity to rebut any information received at the hearing.
(f) Proof.
The burden of proof of establishing the existence of any of the factors set forth in subsection (b) is on the State and shall not be satisfied unless established beyond a reasonable doubt.
(g) Procedure ‑ Jury.
If at the separate sentencing proceeding the jury finds that none of the factors set forth in subsection (b) exists, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections. If there is a unanimous finding by the jury that one or more of the factors set forth in subsection (b) exist, the jury shall consider aggravating and mitigating factors as instructed by the court and shall determine whether the sentence of death shall be imposed. If the jury determines unanimously, after weighing the factors in aggravation and mitigation, that death is the appropriate sentence, the court shall sentence the defendant to death. If the court does not concur with the jury determination that death is the appropriate sentence, the court shall set forth reasons in writing including what facts or circumstances the court relied upon, along with any relevant documents, that compelled the court to non‑concur with the sentence. This document and any attachments shall be part of the record for appellate review. The court shall be bound by the jury's sentencing determination.
If after weighing the factors in aggravation and mitigation, one or more jurors determines that death is not the appropriate sentence, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections.
(h) Procedure ‑ No Jury.
In a proceeding before the court alone, if the court finds that none of the factors found in subsection (b) exists, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections.
If the Court determines that one or more of the factors set forth in subsection (b) exists, the Court shall consider any aggravating and mitigating factors as indicated in subsection (c). If the Court determines, after weighing the factors in aggravation and mitigation, that death is the appropriate sentence, the Court shall sentence the defendant to death.
If the court finds that death is not the appropriate sentence, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections.
(h‑5) Decertification as a capital case.
In a case in which the defendant has been found guilty of first degree murder by a judge or jury, or a case on remand for resentencing, and the State seeks the death penalty as an appropriate sentence, on the court's own motion or the written motion of the defendant, the court may decertify the case as a death penalty case if the court finds that the only evidence supporting the defendant's conviction is the uncorroborated testimony of an informant witness, as defined in Section 115‑21 of the Code of Criminal Procedure of 1963, concerning the confession or admission of the defendant or that the sole evidence against the defendant is a single eyewitness or single accomplice without any other corroborating evidence. If the court decertifies the case as a capital case under either of the grounds set forth above, the court shall issue a written finding. The State may pursue its right to appeal the decertification pursuant to Supreme Court Rule 604(a)(1). If the court does not decertify the case as a capital case, the matter shall proceed to the eligibility phase of the sentencing hearing.
(i) Appellate Procedure.
The conviction and sentence of death shall be subject to automatic review by the Supreme Court. Such review shall be in accordance with rules promulgated by the Supreme Court. The Illinois Supreme Court may overturn the death sentence, and order the imposition of imprisonment under Chapter V of the Unified Code of Corrections if the court finds that the death sentence is fundamentally unjust as applied to the particular case. If the Illinois Supreme Court finds that the death sentence is fundamentally unjust as applied to the particular case, independent of any procedural grounds for relief, the Illinois Supreme Court shall issue a written opinion explaining this finding.
(j) Disposition of reversed death sentence.
In the event that the death penalty in this Act is held to be unconstitutional by the Supreme Court of the United States or of the State of Illinois, any person convicted of first degree murder shall be sentenced by the court to a term of imprisonment under Chapter V of the Unified Code of Corrections.
In the event that any death sentence pursuant to the sentencing provisions of this Section is declared unconstitutional by the Supreme Court of the United States or of the State of Illinois, the court having jurisdiction over a person previously sentenced to death shall cause the defendant to be brought before the court, and the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections.
(k) Guidelines for seeking the death penalty.
The Attorney General and State's Attorneys Association shall consult on voluntary guidelines for procedures governing whether or not to seek the death penalty. The guidelines do not have the force of law and are only advisory in nature.
(Source: P.A. 96‑710, eff. 1‑1‑10.) |
(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
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| alleged violation occurred, was under the age of 18 or severely or profoundly mentally retarded. |
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(2) "Detains" means taking or retaining physical |
| custody of a child, whether or not the child resists or objects. |
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(3) "Lawful custodian" means a person or persons |
| 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. |
|
(4) "Putative father" means a man who has a |
| reasonable belief that he is the father of a child born of a woman who is not his wife. |
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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 |
| 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. |
|
(2) Intentionally violates a court order prohibiting |
| the person from concealing or detaining the child or removing the child from the jurisdiction of the court. |
|
(3) Intentionally conceals, detains, or removes the |
| 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. |
|
(4) Intentionally conceals or removes the child from |
| 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. |
|
(5) At the expiration of visitation rights outside |
| the State, intentionally fails or refuses to return or impedes the return of the child to the lawful custodian in Illinois. |
|
(6) Being a parent of the child, and if the parents |
| 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. |
|
(7) Being a parent of the child, and if the parents |
| 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. |
|
(8) Knowingly conceals, detains, or removes the child |
| for payment or promise of payment at the instruction of a person who has no legal right to custody. |
|
(9) Knowingly retains in this State for 30 days a |
| child removed from another state without the consent of the lawful custodian or in violation of a valid court order of custody. |
|
(10) Intentionally lures or attempts to lure a child |
| under the age of 16 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 luring or attempted luring of a child under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place without the consent of the child's parent or lawful custodian is prima facie evidence of other than a lawful purpose. |
|
(11) With the intent to obstruct or prevent efforts |
| to locate the child victim of a child abduction, knowingly destroys, alters, conceals, or disguises physical evidence or furnishes false information. |
|
(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 |
| court order granting legal custody or visitation rights that existed at the time of the alleged violation; |
|
(2) the person had physical custody of the child |
| 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; |
|
(3) the person was fleeing an incidence or pattern of |
|
(4) the person lured or attempted to lure a child |
| under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place for a lawful purpose in prosecutions under paragraph (10) of subsection (b). |
|
(d) A person convicted of child abduction under this Section is guilty of a Class 4 felony. 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. 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 |
| following the concealment, detention, or removal of the child; |
|
(2) that the defendant inflicted or threatened to |
| 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; |
|
(3) that the defendant demanded payment in exchange |
| 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; |
|
(4) that the defendant has previously been convicted |
|
(5) that the defendant committed the abduction while |
| armed with a deadly weapon or the taking of the child resulted in serious bodily injury to another; or |
|
(6) that the defendant committed the abduction while |
| 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. 95‑1052, eff. 7‑1‑09; 96‑710, eff. 1‑1‑10; ; 96‑1000, eff. 7‑2‑10.) |
(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; | |
(3) for an unlawful purpose;
(4) without the express consent of the person's |
| parent or legal guardian; | |
(5) with the intent to avoid the express consent of |
| the person's parent or legal guardian; | |
(6) after so communicating, commits any act in |
| furtherance of the intent described in clause (a)(2); and | |
(7) is a stranger to the parents or legal guardian of |
|
(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 |
| 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; | |
(3) for an unlawful purpose;
(4) without the express consent of the person's |
| parent or legal guardian; | |
(5) with the intent to avoid the express consent of |
| the person's parent or legal guardian; | |
(6) after so communicating, commits any act in |
| furtherance of the intent described in clause (b)(2); and | |
(7) is a stranger to the parents or legal guardian of |
|
(c) Definitions. For purposes of this Section:
(1) "Emergency situation" means a situation in which |
| the minor is threatened with imminent bodily harm, emotional harm or psychological harm. | |
(2) "Express consent" means oral or written |
| permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning. | |
(3) "Contacts or communicates electronically" |
| includes but is not limited to, any attempt to make contact or communicate telephonically or through the Internet or text messages. | |
(4) "Luring" shall mean any knowing act to solicit, |
| entice, tempt, or attempt to attract the minor. | |
(5) "Minor" shall mean any person under the age of 15.
(6) "Stranger" shall have its common and ordinary |
| 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. | |
(7) "Unlawful purpose" shall mean any misdemeanor or |
| felony violation of State law or a similar federal or sister state law or local ordinance. | |
(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 |
| under this Section 10‑5.1 that the accused reasonably believed that the minor was over the age of 15. | |
(2) It shall be an affirmative defense to any offense |
| under this Section 10‑5.1 that the accused is assisting the minor in an emergency situation. | |
(3) It shall not be a defense to the prosecution of |
| 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. | |
(g) Penalties.
(1) A first offense of luring of a minor under |
| 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. | |
(2) A first offense of luring of a minor under |
| subsection (b) is a Class B misdemeanor. | |
(3) A second or subsequent offense of luring of a |
| 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. | |
(4) A third or subsequent offense is a Class 1 |
| 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. | |
(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 .) |
(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
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(2) "Commercial sexual activity" means any sex act on |
| account of which anything of value is given, promised to, or received by any person. |
|
(3) "Financial harm" includes intimidation that |
| brings about financial loss, criminal usury, or employment contracts that violate the Frauds Act. |
|
(4) "Forced labor or services" means labor or |
| services that are performed or provided by another person and are obtained or maintained through: |
|
(A) any scheme, plan, or pattern intending to |
| cause or threatening to cause serious harm to any person; |
|
(B) an actor's physically restraining or |
| threatening to physically restrain another person; |
|
(C) an actor's abusing or threatening to abuse |
| the law or legal process; |
|
(D) an actor's knowingly destroying, concealing, |
| removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person; |
|
(E) an actor's blackmail; or
(F) an actor's causing or threatening to cause |
| financial harm to or exerting financial control over any person. |
|
(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. |
|
(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 the offense of involuntary servitude when he or she knowingly subjects, attempts to subject, or engages in a conspiracy to subject another person to forced labor or services and:
(1) causes or threatens to cause physical harm to any |
|
(2) physically restrains or threatens to physically |
|
(3) abuses or threatens to abuse the law or legal |
|
(4) knowingly destroys, conceals, removes, |
| confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person; or |
|
(5) uses intimidation, or uses or threatens to cause |
| financial harm to or exerts financial control over any person. |
|
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, and (b)(5) is a Class 4 felony.
(c) Involuntary sexual servitude of a minor. A person |
| commits the offense of 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 |
| is between the ages of 17 and 18 years; |
|
(2) there is no overt force or threat and the minor |
| is under the age of 17 years; or |
|
(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 for forced labor or services. |
| A person commits the offense of trafficking in persons for forced labor or services 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 forced labor or services; 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. |
|
Sentence. Except as otherwise provided in subsection (e) or (f), a violation of this subsection is a Class 1 felony.
(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 |
| 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. |
|
(2) Number of victims. In determining sentences |
| 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. |
|
(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. |
|
(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 the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services 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. 96‑710, eff. 1‑1‑10; incorporates 96‑712, eff. 1‑1‑10; 96‑1000, eff. 7‑2‑10.) |
(720 ILCS 5/11‑9.3)
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.
(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.
(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. A child sex offender who violates this provision is guilty of a Class 4 felony.
(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 or 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), 11‑20.3 (aggravated 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 or |
| 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), 11‑20.3 (aggravated 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. | |
(c‑5) For the purposes of this Section, the 500 feet distance shall be measured from 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.
(d) Sentence. A person who violates this Section is guilty of a Class 4 felony.
(Source: P.A. 95‑331, eff. 8‑21‑07; 95‑440, eff. 8‑27‑07; 95‑640, eff. 6‑1‑08; 95‑819, eff. 1‑1‑09; 95‑876, eff. 8‑21‑08; 96‑328, eff. 8‑11‑09; 96‑710, eff. 1‑1‑10.) |
(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, 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‑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. Nothing in this subsection (b‑5) 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‑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.
(b‑7) 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 towards 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, 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‑5) It is unlawful for a child sex offender to knowingly operate, manage, be employed by, or be associated with any county 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: |
|
(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 or 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), 11‑20.3 (aggravated 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 or |
| 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), 11‑20.3 (aggravated 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. |
|
(11) "Day care home" has the meaning ascribed to it |
| in Section 2.18 of the Child Care Act of 1969. |
|
(12) "Group day care home" has the meaning ascribed |
| to it in Section 2.20 of the Child Care Act of 1969. |
|
(13) "Internet" means an interactive computer |
| service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service. |
|
(14) "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. |
|
(d‑5) For the purposes of this Section, the 500 feet distance shall be measured from 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 a 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 where he or she is loitering.
(e) Sentence. A person who violates this Section is guilty of a Class 4 felony.
(Source: P.A. 95‑32, eff. 1‑1‑08; 95‑640, eff. 6‑1‑08; 95‑819, eff. 1‑1‑09; 95‑820, eff. 1‑1‑09; 95‑821, eff. 8‑14‑08; 95‑876, eff. 8‑21‑08; 95‑983, eff. 6‑1‑09; 96‑118, eff. 8‑4‑09; 96‑328, eff. 8‑11‑09; 96‑710, eff. 1‑1‑10; 96‑1000, eff. 7‑2‑10.) |
(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. |
|
(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) 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.
In addition, any person convicted under this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(e‑5) Upon the conclusion of a case brought under this Section, the court shall seal all evidence depicting a victim or witness that is sexually explicit. The evidence may be unsealed and viewed, on a motion of the party seeking to unseal and view the evidence, only for good cause shown and in the discretion of the court. The motion must expressly set forth the purpose for viewing the material. The State's attorney and the victim, if possible, shall be provided reasonable notice of the hearing on the motion to unseal the evidence. Any person entitled to notice of a hearing under this subsection (e‑5) may object to the motion.
(f) Definitions. For the purposes of this Section:
(1) "Disseminate" means (i) to sell, distribute, |
| exchange or transfer possession, whether with or without consideration or (ii) to make a depiction by computer available for distribution or downloading through the facilities of any telecommunications network or through any other means of transferring computer programs or data to a computer. |
|
(2) "Produce" means to direct, promote, advertise, |
| publish, manufacture, issue, present or show. |
|
(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. ; 96‑292, eff. 1‑1‑10; 96‑712, eff. 1‑1‑10; 96‑1000, eff. 7‑2‑10.) |
(720 ILCS 5/11‑20.3)
Sec. 11‑20.3.
Aggravated child pornography.
(a) A person commits the offense of aggravated 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 13 years where such child 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 and the mouth, anus, or sex organs of another person or animal; or which involves the mouth, anus or sex organs of the child 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 whom the person knows or reasonably should know to be under the age of 13 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 13 engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or |
|
(4) solicits, uses, persuades, induces, entices, or |
| coerces any child whom he or she knows or reasonably should know to be under the age of 13 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 13 and who knowingly permits, induces, promotes, or arranges for such child 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 whom the person knows or reasonably should know to be under the age of 13 engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or |
|
(7) solicits, or knowingly uses, persuades, induces, |
| entices, or coerces a person to provide a child under the age of 13 to appear in any videotape, photograph, film, stage play, live presentation, or other similar visual reproduction or depiction by computer in which the child 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 |
| aggravated child pornography that the defendant reasonably believed, under all of the circumstances, that the child was 13 years of age or older, 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 13 years of age or older and his or her reliance upon the information so obtained was clearly reasonable. |
|
(2) The charge of aggravated 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. |
|
(3) If the defendant possessed more than 3 of the same |
| film, videotape or visual reproduction or depiction by computer in which aggravated child pornography is depicted, then the trier of fact may infer that the defendant possessed such materials with the intent to disseminate them. |
|
(4) The charge of aggravated 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 aggravated 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. |
|
(5) 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) Sentence: (1) A person who commits a violation of |
| paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is guilty of a Class X felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000. |
|
(2) A person who commits a violation of paragraph (6) of |
| subsection (a) is guilty of a Class 2 felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000. |
|
(3) 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. |
|
(4) 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 $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 13 engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of subsection (a), and any material or equipment used or intended for use in photographing, filming, printing, producing, reproducing, manufacturing, projecting, exhibiting, depiction by computer, or disseminating such material shall be seized and forfeited in the manner, method and procedure provided by Section 36‑1 of this Code for the seizure and forfeiture of vessels, vehicles and aircraft. |
|
In addition, any person convicted under this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(e‑5) Upon the conclusion of a case brought under this |
| Section, the court shall seal all evidence depicting a victim or witness that is sexually explicit. The evidence may be unsealed and viewed, on a motion of the party seeking to unseal and view the evidence, only for good cause shown and in the discretion of the court. The motion must expressly set forth the purpose for viewing the material. The State's attorney and the victim, if possible, shall be provided reasonable notice of the hearing on the motion to unseal the evidence. Any person entitled to notice of a hearing under this subsection (e‑5) may object to the motion. |
|
(f) Definitions. For the purposes of this Section:
(1) "Disseminate" means (i) to sell, distribute, |
| exchange or transfer possession, whether with or without consideration or (ii) to make a depiction by computer available for distribution or downloading through the facilities of any telecommunications network or through any other means of transferring computer programs or data to a computer. |
|
(2) "Produce" means to direct, promote, advertise, |
| publish, manufacture, issue, present or show. |
|
(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) For the purposes of this Section, "child" means a |
| person, either in part or in total, under the age of 13, 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. |
|
(8) "Sexual penetration" and "sexual conduct" have |
| the meanings ascribed to them in Section 12‑12 of this Code. |
|
(g) When a charge of aggravated child pornography is |
| brought, the age of the child is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the age in question. The trier of fact can rely on its own everyday observations and common experiences in making this determination. |
|
(Source: P.A. 95‑579, eff. 6‑1‑08; 96‑292, eff. 1‑1‑10; 96‑712, eff. 1‑1‑10; 96‑1000, eff. 7‑2‑10.) |
(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, exhibits to, |
| depicts to, or gives away to a minor, knowing that the minor is under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age: | |
(A) any material which depicts nudity, sexual |
| conduct or sado‑masochistic abuse, or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado‑masochistic abuse, and which taken as a whole is harmful to minors; | |
(B) a motion picture, show, or other presentation |
| which depicts nudity, sexual conduct or sado‑masochistic abuse and is harmful to minors; or | |
(C) an admission ticket or pass to premises where |
| there is exhibited or to be exhibited such a motion picture, show, or other presentation; or | |
(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.
(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. 95‑983, eff. 6‑1‑09; 96‑280, eff. 1‑1‑10.) |
(720 ILCS 5/12‑2)
(from Ch. 38, par. 12‑2)
Sec. 12‑2.
Aggravated assault.
(a) A person commits an aggravated assault, when, in committing an assault, he:
(1) Uses a deadly weapon, an air rifle as defined in
| the Air Rifle Act, or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm in the direction of another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer, a private security officer, or a fireman or in the direction of a vehicle occupied by another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer, a private security officer, or a fireman while the officer or fireman is engaged in the execution of any of his official duties, or to prevent the officer or fireman from performing his official duties, or in retaliation for the officer or fireman performing his official duties; | |
(2) Is hooded, robed or masked in such manner as to |
| conceal his identity or any device manufactured and designed to be substantially similar in appearance to a firearm; | |
(3) Knows the individual assaulted to be a teacher |
| or other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes; | |
(4) Knows the individual assaulted to be a |
| supervisor, director, instructor or other person employed in any park district and such supervisor, director, instructor or other employee is upon the grounds of the park or grounds adjacent thereto, or is in any part of a building used for park purposes; | |
(5) Knows the individual assaulted to be a |
| caseworker, investigator, or other person employed by the Department of Healthcare and Family Services (formerly State Department of Public Aid), a County Department of Public Aid, or the Department of Human Services (acting as successor to the Illinois Department of Public Aid under the Department of Human Services Act) and such caseworker, investigator, or other person is upon the grounds of a public aid office or grounds adjacent thereto, or is in any part of a building used for public aid purposes, or upon the grounds of a home of a public aid applicant, recipient or any other person being interviewed or investigated in the employees' discharge of his duties, or on grounds adjacent thereto, or is in any part of a building in which the applicant, recipient, or other such person resides or is located; | |
(6) Knows the individual assaulted to be a peace |
| officer, a community policing volunteer, a private security officer, or a fireman while the officer or fireman is engaged in the execution of any of his official duties, or to prevent the officer, community policing volunteer, or fireman from performing his official duties, or in retaliation for the officer, community policing volunteer, or fireman performing his official duties, and the assault is committed other than by the discharge of a firearm in the direction of the officer or fireman or in the direction of a vehicle occupied by the officer or fireman; | |
(7) Knows the individual assaulted to be an |
| emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver or other medical assistance or first aid personnel engaged in the execution of any of his official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his official duties; | |
(8) Knows the individual assaulted to be the driver, |
| operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual assaulted is then performing in such capacity or then using such public transportation as a passenger or using any area of any description designated by the transportation facility or system as a vehicle boarding, departure, or transfer location; | |
(9) Or the individual assaulted is on or about a |
| public way, public property, or public place of accommodation or amusement; | |
(9.5) Is, or the individual assaulted is, in or about |
| a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility, or a special event center in a public park during any 24‑hour period when a professional sporting event, National Collegiate Athletic Association (NCAA)‑sanctioned sporting event, United States Olympic Committee‑sanctioned sporting event, or International Olympic Committee‑sanctioned sporting event is taking place in this venue; | |
(10) Knows the individual assaulted to be an |
| employee of the State of Illinois, a municipal corporation therein or a political subdivision thereof, engaged in the performance of his authorized duties as such employee; | |
(11) Knowingly and without legal justification, |
| commits an assault on a physically handicapped person; | |
(12) Knowingly and without legal justification, |
| commits an assault on a person 60 years of age or older; | |
(13) Discharges a firearm, other than from a motor |
|
(13.5) Discharges a firearm from a motor vehicle;
(14) Knows the individual assaulted to be a |
| correctional officer, while the officer is engaged in the execution of any of his or her official duties, or to prevent the officer from performing his or her official duties, or in retaliation for the officer performing his or her official duties; | |
(15) Knows the individual assaulted to be a |
| correctional employee or an employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, while the employee is engaged in the execution of any of his or her official duties, or to prevent the employee from performing his or her official duties, or in retaliation for the employee performing his or her official duties, and the assault is committed other than by the discharge of a firearm in the direction of the employee or in the direction of a vehicle occupied by the employee; | |
(16) Knows the individual assaulted to be an |
| employee of a police or sheriff's department, or a person who is employed by a municipality and whose duties include traffic control, engaged in the performance of his or her official duties as such employee; | |
(17) Knows the individual assaulted to be a sports |
| official or coach at any level of competition and the act causing the assault to the sports official or coach occurred within an athletic facility or an indoor or outdoor playing field or within the immediate vicinity of the athletic facility or an indoor or outdoor playing field at which the sports official or coach was an active participant in the athletic contest held at the athletic facility. For the purposes of this paragraph (17), "sports official" means a person at an athletic contest who enforces the rules of the contest, such as an umpire or referee; and "coach" means a person recognized as a coach by the sanctioning authority that conducted the athletic contest; | |
(18) Knows the individual assaulted to be an |
| emergency management worker, while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties, and the assault is committed other than by the discharge of a firearm in the direction of the emergency management worker or in the direction of a vehicle occupied by the emergency management worker; or | |
(19) Knows the individual assaulted to be a utility |
| worker, while the utility worker is engaged in the execution of his or her duties, or to prevent the utility worker from performing his or her duties, or in retaliation for the utility worker performing his or her duties. In this paragraph (19), "utility worker" means a person employed by a public utility as defined in Section 3‑105 of the Public Utilities Act and also includes an employee of a municipally owned utility, an employee of a cable television company, an employee of an electric cooperative as defined in Section 3‑119 of the Public Utilities Act, an independent contractor or an employee of an independent contractor working on behalf of a cable television company, public utility, municipally owned utility, or an electric cooperative, or an employee of a telecommunications carrier as defined in Section 13‑202 of the Public Utilities Act, an independent contractor or an employee of an independent contractor working on behalf of a telecommunications carrier, or an employee of a telephone or telecommunications cooperative as defined in Section 13‑212 of the Public Utilities Act, or an independent contractor or an employee of an independent contractor working on behalf of a telephone or telecommunications cooperative. | |
(a‑5) A person commits an aggravated assault when he or she knowingly and without lawful justification shines or flashes a laser gunsight or other laser device that is attached or affixed 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.
(b) Sentence.
Aggravated assault as defined in paragraphs (1) through (5) and (8) through (12) and (17) and (19) of subsection (a) of this Section is a Class A misdemeanor. Aggravated assault as defined in paragraphs (13), (14), and (15) of subsection (a) of this Section and as defined in subsection (a‑5) of this Section is a Class 4 felony. Aggravated assault as defined in paragraphs (6), (7), (16), and (18) of subsection (a) of this Section is a Class A misdemeanor if a firearm is not used in the commission of the assault. Aggravated assault as defined in paragraphs (6), (7), (16), and (18) of subsection (a) of this Section is a Class 4 felony if a firearm is used in the commission of the assault. Aggravated assault as defined in paragraph (13.5) of subsection (a) is a Class 3 felony.
(c) For the purposes of paragraphs (1) and (6) of subsection (a), "private security officer" means a registered employee of a private security contractor agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
(Source: P.A. 95‑236, eff. 1‑1‑08; 95‑292, eff. 8‑20‑07; 95‑331, eff. 8‑21‑07; 95‑429, eff. 1‑1‑08; 95‑591, eff. 9‑10‑07; 95‑876, eff. 8‑21‑08; 96‑201, eff. 8‑10‑09.) |
(720 ILCS 5/12‑4)
Sec. 12‑4.
Aggravated Battery.
(a) A person who, in committing a battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated battery.
(b) In committing a battery, a person commits aggravated battery if he or she:
(1) Uses a deadly weapon other than by the discharge
|
| of a firearm, or uses an air rifle as defined in the Air Rifle Act; |
|
(2) Is hooded, robed or masked, in such manner as to |
|
(3) Knows the individual harmed to be a teacher or |
| other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes; |
|
(4) (Blank);
(5) (Blank);
(6) Knows the individual harmed to be a community |
| policing volunteer while such volunteer is engaged in the execution of any official duties, or to prevent the volunteer from performing official duties, or in retaliation for the volunteer performing official duties, and the battery is committed other than by the discharge of a firearm; |
|
(7) Knows the individual harmed to be an emergency |
| medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel engaged in the performance of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel from performing official duties, or in retaliation for performing official duties; |
|
(8) Is, or the person battered is, on or about a |
| public way, public property or public place of accommodation or amusement; |
|
(8.5) Is, or the person battered is, on a publicly or |
| privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility, or a special event center in a public park during any 24‑hour period when a professional sporting event, National Collegiate Athletic Association (NCAA)‑sanctioned sporting event, United States Olympic Committee‑sanctioned sporting event, or International Olympic Committee‑sanctioned sporting event is taking place in this venue; |
|
(9) Knows the individual harmed to be the driver, |
| operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual assaulted is then performing in such capacity or then using such public transportation as a passenger or using any area of any description designated by the transportation facility or system as a vehicle boarding, departure, or transfer location; |
|
(10) Knows the individual harmed to be an individual |
| of 60 years of age or older; |
|
(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom |
| the person intended to harm as a result of the judge's performance of his or her official duties as a judge; |
|
(13) (Blank);
(14) Knows the individual harmed to be a person who |
| is physically handicapped; |
|
(15) Knowingly and without legal justification and by |
| any means causes bodily harm to a merchant who detains the person for an alleged commission of retail theft under Section 16A‑5 of this Code. In this item (15), "merchant" has the meaning ascribed to it in Section 16A‑2.4 of this Code; |
|
(16) Is, or the person battered is, in 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 the person battered is within 500 feet of such a building or other structure while going to or from such a building or other structure. "Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986. "Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in Section 1 of the Domestic Violence Shelters Act; |
|
(17) (Blank);
(18) Knows the individual harmed to be an officer or |
| employee of the State of Illinois, a unit of local government, or school district engaged in the performance of his or her authorized duties as such officer or employee; |
|
(19) Knows the individual harmed to be an emergency |
| management worker engaged in the performance of any of his or her official duties, or to prevent the emergency management worker from performing official duties, or in retaliation for the emergency management worker performing official duties; |
|
(20) Knows the individual harmed to be a private |
| security officer engaged in the performance of any of his or her official duties, or to prevent the private security officer from performing official duties, or in retaliation for the private security officer performing official duties; or |
|
(21) Knows the individual harmed to be a taxi driver |
| and the battery is committed while the taxi driver is on duty; or |
|
(22) Knows the individual harmed to be a utility |
| worker, while the utility worker is engaged in the execution of his or her duties, or to prevent the utility worker from performing his or her duties, or in retaliation for the utility worker performing his or her duties. In this paragraph (22), "utility worker" means a person employed by a public utility as defined in Section 3‑105 of the Public Utilities Act and also includes an employee of a municipally owned utility, an employee of a cable television company, an employee of an electric cooperative as defined in Section 3‑119 of the Public Utilities Act, an independent contractor or an employee of an independent contractor working on behalf of a cable television company, public utility, municipally owned utility, or an electric cooperative, or an employee of a telecommunications carrier as defined in Section 13‑202 of the Public Utilities Act, an independent contractor or an employee of an independent contractor working on behalf of a telecommunications carrier, or an employee of a telephone or telecommunications cooperative as defined in Section 13‑212 of the Public Utilities Act, or an independent contractor or an employee of an independent contractor working on behalf of a telephone or telecommunications cooperative. |
|
For the purpose of paragraph (14) of subsection (b) of this Section, a physically handicapped person is a person who suffers from a permanent and disabling physical characteristic, resulting from disease, injury, functional disorder or congenital condition.
For the purpose of paragraph (20) of subsection (b) and subsection (e) of this Section, "private security officer" means a registered employee of a private security contractor agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
(c) A person who administers to an individual or causes him to take, without his consent or by threat or deception, and for other than medical purposes, any intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled substance commits aggravated battery.
(d) A person who knowingly gives to another person any food that contains any substance or object that is intended to cause physical injury if eaten, commits aggravated battery.
(d‑3) A person commits aggravated battery when he or she knowingly and without lawful justification shines or flashes a laser gunsight or other laser device that is attached or affixed to a firearm, or used in concert with a firearm, so that the laser beam strikes upon or against the person of another.
(d‑5) An inmate of a penal institution or a sexually dangerous person or a sexually violent person in the custody of the Department of Human Services who causes or attempts to cause a correctional employee of the penal institution or an employee of the Department of Human Services to come into contact with blood, seminal fluid, urine, or feces, by throwing, tossing, or expelling that fluid or material commits aggravated battery. For purposes of this subsection (d‑5), "correctional employee" means a person who is employed by a penal institution.
(d‑6) A person commits aggravated battery when he or she, in committing a battery, strangles another individual. For the purposes of this subsection (d‑6), "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.
(e) Sentence.
(1) Except as otherwise provided in paragraphs (2), |
| (3), (4), and (5) aggravated battery is a Class 3 felony. |
|
(2) Aggravated battery that does not cause great |
| bodily harm or permanent disability or disfigurement is a Class 2 felony when the person knows the individual harmed to be a peace officer, a community policing volunteer, a private security officer, a correctional institution employee, an employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, or a fireman while such officer, volunteer, employee, or fireman is engaged in the execution of any official duties including arrest or attempted arrest, or to prevent the officer, volunteer, employee, or fireman from performing official duties, or in retaliation for the officer, volunteer, employee, or fireman performing official duties, and the battery is committed other than by the discharge of a firearm. |
|
(3) Aggravated battery that causes great bodily harm |
| or permanent disability or disfigurement in violation of subsection (a) is a Class 1 felony when the person knows the individual harmed to be a peace officer, a community policing volunteer, a private security officer, a correctional institution employee, an employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, or a fireman while such officer, volunteer, employee, or fireman is engaged in the execution of any official duties including arrest or attempted arrest, or to prevent the officer, volunteer, employee, or fireman from performing official duties, or in retaliation for the officer, volunteer, employee, or fireman performing official duties, and the battery is committed other than by the discharge of a firearm. |
|
(4) Aggravated battery under subsection (d‑5) is a |
|
(5) Aggravated battery under subsection (d‑6) is a |
|
(A) the person used or attempted to use a |
| dangerous instrument while committing the offense; or |
|
(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 subsection (d‑6) under the laws of this State or laws similar to subsection (d‑6) of any other state. |
|
(6) For purposes of this subsection (e), the term |
| "firearm" shall have the meaning provided under Section 1.1 of the Firearms Owners Identification Card Act, and shall not include an air rifle as defined by Section 1 of the Air Rifle Act. |
|
(Source: P.A. 95‑236, eff. 1‑1‑08; 95‑256, eff. 1‑1‑08; 95‑331, eff. 8‑21‑07; 95‑429, eff. 1‑1‑08; 95‑748, eff. 1‑1‑09; 95‑876, eff. 8‑21‑08; 96‑201, eff. 8‑10‑09; 96‑363, eff. 8‑13‑09; 96‑1000, eff. 7‑2‑10.) |
(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 |
| future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or | |
(2) places that person in reasonable apprehension of |
| immediate or future bodily harm, sexual assault, confinement or restraint; or | |
(3) places that person in reasonable apprehension |
| that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint. | |
(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 |
| person under surveillance; and | |
(2) transmits a threat of immediate or future bodily |
| harm, sexual assault, confinement or restraint; and | |
(3) the threat is directed towards that person or a |
| family member of that person. | |
(b) Sentence. Stalking is a Class 4 felony. A second or subsequent conviction for stalking 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. | |
(2) "Electronic communication" means any transfer of |
| 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. | |
(3) "Emotional distress" means significant mental |
| suffering, anxiety or alarm. | |
(4) "Family member" means a parent, grandparent, |
| 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. | |
(5) "Follows another person" means (i) to move in |
| 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. | |
(6) "Non‑consensual contact" means any contact with |
| 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. | |
(7) "Places a person under surveillance" means: (1) |
| 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. | |
(8) "Reasonable person" means a person in the |
|
(9) "Transmits a threat" means a verbal or written |
| threat or a threat implied by a pattern of conduct or a combination of verbal or written statements or conduct. | |
(d) Exemptions.
(1) This Section does not apply to any individual or |
| 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. | |
(2) This Section does not apply to an exercise of the |
| right to free speech or assembly that is otherwise lawful. | |
(3) 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. | |
(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.
(Source: P.A. 95‑33, eff. 1‑1‑08; 96‑686, eff. 1‑1‑10.) |
(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 |
| future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person; or |
|
(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. |
|
(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 |
| future bodily harm, sexual assault, confinement, or restraint, where the threat is directed towards that person or a family member of that person, or |
|
(2) which 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) which 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. |
|
(b) Sentence. Cyberstalking is a Class 4 felony. A second or subsequent conviction for cyberstalking is a Class 3 felony.
(c) 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. The incarceration in a penal institution of a person who commits the course of conduct is not a bar to prosecution under this Section. |
|
(2) "Electronic communication" means any transfer of |
| 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. |
|
(3) "Emotional distress" means significant mental |
| suffering, anxiety or alarm. |
|
(4) "Harass" means to engage in a knowing and willful |
| course of conduct directed at a specific person that alarms, torments, or terrorizes that person. |
|
(5) "Non‑consensual contact" means any contact with |
| 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. |
|
(6) "Reasonable person" means a person in the |
| victim's circumstances, with the victim's knowledge of the defendant and the defendant's prior acts. |
|
(7) "Third party" means any person other than the |
| person violating these provisions and the person or persons towards whom the violator's actions are directed. |
|
(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.
(Source: P.A. 95‑849, eff. 1‑1‑09; 96‑328, eff. 8‑11‑09; 96‑686, eff. 1‑1‑10; 96‑1000, eff. 7‑2‑10.) |
(720 ILCS 5/12‑21)
(from Ch. 38, par. 12‑21)
(Text of Section before amendment by P.A. 96‑339
)
Sec. 12‑21.
Criminal abuse or neglect of an elderly person or person with a disability.
(a) A person commits the offense of criminal abuse or neglect of an elderly person or person with a disability when he or she is a caregiver and he or she knowingly:
(1) performs acts that cause the elderly person or
| person with a disability's life to be endangered, health to be injured, or pre‑existing physical or mental condition to deteriorate; or | |
(2) 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 elderly person or person with a disability and such failure causes the elderly person or person with a disability's life to be endangered, health to be injured or pre‑existing physical or mental condition to deteriorate; or | |
(3) abandons the elderly person or person with a |
|
(4) physically abuses, harasses, intimidates, or |
| interferes with the personal liberty of the elderly person or person with a disability or exposes the elderly person or person with a disability to willful deprivation. | |
Criminal abuse or neglect of an elderly person or person with a disability is a Class 3 felony. Criminal neglect of an elderly person or person with a disability is a Class 2 felony if the criminal neglect results in the death of the person neglected for which the defendant, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
(b) For purposes of this Section:
(1) "Elderly person" means a person 60 years of age |
| or older who is incapable of adequately providing for his own health and personal care. | |
(2) "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 such person incapable of adequately providing for his own health and personal care. | |
(3) "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 such person's place of residence, including but not limited to, food and nutrition, shelter, hygiene, prescribed medication and medical care and treatment. | |
"Caregiver" shall include:
(A) 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 own health and personal care; | |
(B) 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; | |
(C) 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; and | |
(D) 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" shall not include a long‑term care |
| facility licensed or certified under the Nursing Home Care Act 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 profession. | |
(4) "Abandon" means to desert or knowingly forsake |
| an elderly person or person with a disability under circumstances in which a reasonable person would continue to provide care and custody. | |
(5) "Willful deprivation" has the meaning ascribed |
| to it in paragraph (15) of Section 103 of the Illinois Domestic Violence Act of 1986. | |
(c) Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act.
(d) Nothing in this Section shall be construed to impose criminal liability on a person who has 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 own has been unable to provide such care.
(e) Nothing in this Section shall be construed as prohibiting a person from providing treatment 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.
(f) It is not a defense to criminal abuse or neglect of an elderly person or person with a disability that the accused reasonably believed that the victim was not an elderly person or person with a disability.
(Source: P.A. 92‑328, eff. 1‑1‑02; 93‑301, eff. 1‑1‑04.)
(Text of Section after amendment by P.A. 96‑339 )
Sec. 12‑21. Criminal abuse or neglect of an elderly person or person with a disability.
(a) A person commits the offense of criminal abuse or neglect of an elderly person or person with a disability when he or she is a caregiver and he or she knowingly:
(1) performs acts that cause the elderly person or |
| person with a disability's life to be endangered, health to be injured, or pre‑existing physical or mental condition to deteriorate; or | |
(2) 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 elderly person or person with a disability and such failure causes the elderly person or person with a disability's life to be endangered, health to be injured or pre‑existing physical or mental condition to deteriorate; or | |
(3) abandons the elderly person or person with a |
|
(4) physically abuses, harasses, intimidates, or |
| interferes with the personal liberty of the elderly person or person with a disability or exposes the elderly person or person with a disability to willful deprivation. | |
Criminal abuse or neglect of an elderly person or person with a disability is a Class 3 felony. Criminal neglect of an elderly person or person with a disability is a Class 2 felony if the criminal neglect results in the death of the person neglected for which the defendant, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
(b) For purposes of this Section:
(1) "Elderly person" means a person 60 years of age |
| or older who is incapable of adequately providing for his own health and personal care. | |
(2) "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 such person incapable of adequately providing for his own health and personal care. | |
(3) "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 such person's place of residence, including but not limited to, food and nutrition, shelter, hygiene, prescribed medication and medical care and treatment. | |
"Caregiver" shall include:
(A) 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 own health and personal care; | |
(B) 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; | |
(C) 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; and | |
(D) 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" shall not include a long‑term care |
| facility licensed or certified under the Nursing Home Care Act or a facility licensed or certified under the MR/DD Community Care Act, 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 profession. | |
(4) "Abandon" means to desert or knowingly forsake |
| an elderly person or person with a disability under circumstances in which a reasonable person would continue to provide care and custody. | |
(5) "Willful deprivation" has the meaning ascribed |
| to it in paragraph (15) of Section 103 of the Illinois Domestic Violence Act of 1986. | |
(c) Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act.
(d) Nothing in this Section shall be construed to impose criminal liability on a person who has 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 own has been unable to provide such care.
(e) Nothing in this Section shall be construed as prohibiting a person from providing treatment 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.
(f) It is not a defense to criminal abuse or neglect of an elderly person or person with a disability that the accused reasonably believed that the victim was not an elderly person or person with a disability.
(Source: P.A. 96‑339, eff. 7‑1‑10.) |
(720 ILCS 5/14‑3)
(Text of Section from P.A. 96‑425)
Sec. 14‑3.
Exemptions.
The following activities shall be exempt from the provisions of this Article:
(a) Listening to radio, wireless and television communications of any sort where the same are publicly made;
(b) Hearing conversation when heard by employees of 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;
(c) Any broadcast by radio, television or otherwise 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;
(d) Recording or listening with the aid of any device 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;
(e) Recording the proceedings of any meeting required to be open by the Open Meetings Act, as amended;
(f) Recording or listening with the aid of any device 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;
(g) With prior notification to the State's Attorney 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 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 Department of State Police shall issue regulations as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use;
(g‑5) With approval of the State's Attorney 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 in the course of an investigation of any offense defined in Article 29D of this Code. 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 State Police shall issue rules as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use.
Any recording or evidence obtained or derived in the course of an investigation of any offense defined in Article 29D of this Code shall, upon motion of the State's Attorney or Attorney General prosecuting any violation of Article 29D, 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.
This subsection (g‑5) is inoperative on and after January 1, 2005. No conversations recorded or monitored pursuant to this subsection (g‑5) shall be inadmissible in a court of law by virtue of the repeal of this subsection (g‑5) on January 1, 2005;
(g‑6) With approval of the State's Attorney 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 in the course of an investigation of child pornography. 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 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 shall, upon motion of the State's Attorney or Attorney General prosecuting any case involving child pornography, 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;
(h) Recordings made simultaneously with a video recording of an oral conversation between a peace officer, who has identified his or her office, and a person stopped for an investigation of an offense under the Illinois Vehicle Code;
(i) Recording of a conversation made by or at the 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;
(j) The use of a telephone monitoring device by 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:
(i) the monitoring is used for the purpose of
| 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 | |
(ii) the monitoring is used with the consent of at |
| least one person who is an active party to the marketing or opinion research conversation or telephone solicitation conversation being monitored. | |
No communication or conversation or any part, 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.
When recording or listening authorized by this 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.
Business entities that use a telephone monitoring or 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.
Business entities that use a telephone monitoring or 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.
For the purposes of this subsection (j), "telephone solicitation" means a communication through the use of a telephone by live operators:
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or |
|
(iii) assisting in the use of goods or services; or
(iv) engaging in the solicitation, administration, |
| or collection of bank or retail credit accounts. | |
For the purposes of this subsection (j), "marketing 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;
(k) Electronic recordings, including but not limited 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;
(l) Recording the interview or statement of any 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;
(m) An electronic recording, including but not 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.
Recordings made pursuant to this subsection (m) shall 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; and
(n) Recording or listening to an audio transmission 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.
(Source: P.A. 95‑258, eff. 1‑1‑08; 95‑352, eff. 8‑23‑07; 95‑463, eff. 6‑1‑08; 95‑876, eff. 8‑21‑08; 96‑425, eff. 8‑13‑09.)
(Text of Section from P.A. 96‑547)
Sec. 14‑3. Exemptions. The following activities shall be exempt from the provisions of this Article:
(a) Listening to radio, wireless and television communications of any sort where the same are publicly made;
(b) Hearing conversation when heard by employees of 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;
(c) Any broadcast by radio, television or otherwise 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;
(d) Recording or listening with the aid of any device 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;
(e) Recording the proceedings of any meeting required to be open by the Open Meetings Act, as amended;
(f) Recording or listening with the aid of any device 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;
(g) With prior notification to the State's Attorney 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 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, or any "streetgang related" or "gang‑related" felony as those terms are defined in the Illinois Streetgang Terrorism Omnibus Prevention Act. 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 Department of State Police shall issue regulations as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use;
(g‑5) With approval of the State's Attorney 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 in the course of an investigation of any offense defined in Article 29D of this Code. 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 State Police shall issue rules as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use.
Any recording or evidence obtained or derived in the course of an investigation of any offense defined in Article 29D of this Code shall, upon motion of the State's Attorney or Attorney General prosecuting any violation of Article 29D, 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.
This subsection (g‑5) is inoperative on and after January 1, 2005. No conversations recorded or monitored pursuant to this subsection (g‑5) shall be inadmissible in a court of law by virtue of the repeal of this subsection (g‑5) on January 1, 2005;
(g‑6) With approval of the State's Attorney 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 in the course of an investigation of child pornography, aggravated child pornography, indecent solicitation of a child, child abduction, luring of a minor, sexual exploitation of a child, predatory criminal sexual assault 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, 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, or aggravated criminal sexual assault 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 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, child abduction, luring of a minor, sexual exploitation of a child, predatory criminal sexual assault 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, 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, or aggravated criminal sexual assault 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, child abduction, luring of a minor, sexual exploitation of a child, predatory criminal sexual assault 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, 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, or aggravated criminal sexual assault 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;
(h) Recordings made simultaneously with a video recording of an oral conversation between a peace officer, who has identified his or her office, and a person stopped for an investigation of an offense under the Illinois Vehicle Code;
(i) Recording of a conversation made by or at the 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;
(j) The use of a telephone monitoring device by 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:
(i) the monitoring is used for the purpose of |
| 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 | |
(ii) the monitoring is used with the consent of at |
| least one person who is an active party to the marketing or opinion research conversation or telephone solicitation conversation being monitored. | |
No communication or conversation or any part, 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.
When recording or listening authorized by this 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.
Business entities that use a telephone monitoring or 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.
Business entities that use a telephone monitoring or 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.
For the purposes of this subsection (j), "telephone solicitation" means a communication through the use of a telephone by live operators:
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or |
|
(iii) assisting in the use of goods or services; or
(iv) engaging in the solicitation, administration, |
| or collection of bank or retail credit accounts. | |
For the purposes of this subsection (j), "marketing 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;
(k) Electronic recordings, including but not limited 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;
(l) Recording the interview or statement of any 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;
(m) An electronic recording, including but not 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.
Recordings made pursuant to this subsection (m) shall 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; and
(n) Recording or listening to an audio transmission 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.
(Source: P.A. 95‑258, eff. 1‑1‑08; 95‑352, eff. 8‑23‑07; 95‑463, eff. 6‑1‑08; 95‑876, eff. 8‑21‑08; 96‑547, eff. 1‑1‑10.)
(Text of Section from P.A. 96‑643)
Sec. 14‑3. Exemptions. The following activities shall be exempt from the provisions of this Article:
(a) Listening to radio, wireless and television communications of any sort where the same are publicly made;
(b) Hearing conversation when heard by employees of 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;
(c) Any broadcast by radio, television or otherwise 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;
(d) Recording or listening with the aid of any device 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;
(e) Recording the proceedings of any meeting required to be open by the Open Meetings Act, as amended;
(f) Recording or listening with the aid of any device 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;
(g) With prior notification to the State's Attorney 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 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, or any "streetgang related" or "gang‑related" felony as those terms are defined in the Illinois Streetgang Terrorism Omnibus Prevention Act. 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 Department of State Police shall issue regulations as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use;
(g‑5) With approval of the State's Attorney 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 in the course of an investigation of any offense defined in Article 29D of this Code. 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 State Police shall issue rules as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use.
Any recording or evidence obtained or derived in the course of an investigation of any offense defined in Article 29D of this Code shall, upon motion of the State's Attorney or Attorney General prosecuting any violation of Article 29D, 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.
This subsection (g‑5) is inoperative on and after January 1, 2005. No conversations recorded or monitored pursuant to this subsection (g‑5) shall be inadmissible in a court of law by virtue of the repeal of this subsection (g‑5) on January 1, 2005;
(g‑6) With approval of the State's Attorney 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 in the course of an investigation of child pornography. 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 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 shall, upon motion of the State's Attorney or Attorney General prosecuting any case involving child pornography, 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;
(h) Recordings made simultaneously with a video recording of an oral conversation between a peace officer, who has identified his or her office, and a person stopped for an investigation of an offense under the Illinois Vehicle Code;
(i) Recording of a conversation made by or at the 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;
(j) The use of a telephone monitoring device by 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:
(i) the monitoring is used for the purpose of |
| 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 | |
(ii) the monitoring is used with the consent of at |
| least one person who is an active party to the marketing or opinion research conversation or telephone solicitation conversation being monitored. | |
No communication or conversation or any part, 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.
When recording or listening authorized by this 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.
Business entities that use a telephone monitoring or 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.
Business entities that use a telephone monitoring or 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.
For the purposes of this subsection (j), "telephone solicitation" means a communication through the use of a telephone by live operators:
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or |
|
(iii) assisting in the use of goods or services; or
(iv) engaging in the solicitation, administration, |
| or collection of bank or retail credit accounts. | |
For the purposes of this subsection (j), "marketing 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;
(k) Electronic recordings, including but not limited 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;
(l) Recording the interview or statement of any 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;
(m) An electronic recording, including but not 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.
Recordings made pursuant to this subsection (m) shall 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;
(n) Recording or listening to an audio transmission 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; and
(o) The use of an eavesdropping camera or audio 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.
(Source: P.A. 95‑258, eff. 1‑1‑08; 95‑352, eff. 8‑23‑07; 95‑463, eff. 6‑1‑08; 95‑876, eff. 8‑21‑08; 96‑643, eff. 1‑1‑10.)
(Text of Section from P.A. 96‑670)
Sec. 14‑3. Exemptions. The following activities shall be exempt from the provisions of this Article:
(a) Listening to radio, wireless and television communications of any sort where the same are publicly made;
(b) Hearing conversation when heard by employees of 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;
(c) Any broadcast by radio, television or otherwise 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;
(d) Recording or listening with the aid of any device 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;
(e) Recording the proceedings of any meeting required to be open by the Open Meetings Act, as amended;
(f) Recording or listening with the aid of any device 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;
(g) With prior notification to the State's Attorney 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 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, or any "streetgang related" or "gang‑related" felony as those terms are defined in the Illinois Streetgang Terrorism Omnibus Prevention Act. 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 Department of State Police shall issue regulations as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use;
(g‑5) With approval of the State's Attorney 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 in the course of an investigation of any offense defined in Article 29D of this Code. 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 State Police shall issue rules as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use.
Any recording or evidence obtained or derived in the course of an investigation of any offense defined in Article 29D of this Code shall, upon motion of the State's Attorney or Attorney General prosecuting any violation of Article 29D, 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.
This subsection (g‑5) is inoperative on and after January 1, 2005. No conversations recorded or monitored pursuant to this subsection (g‑5) shall be inadmissible in a court of law by virtue of the repeal of this subsection (g‑5) on January 1, 2005;
(g‑6) With approval of the State's Attorney 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 in the course of an investigation of child pornography. 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 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 shall, upon motion of the State's Attorney or Attorney General prosecuting any case involving child pornography, 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;
(h) Recordings made simultaneously with the use of an |
| 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. | |
For the purposes of this subsection (h), "enforcement |
| 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; | |
(h‑5) Recordings of utterances made by a person while 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; | |
(h‑10) Recordings made simultaneously with a video 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; | |
(h‑15) Recordings made under subsection (h), (h‑5), 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; | |
(i) Recording of a conversation made by or at the 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;
(j) The use of a telephone monitoring device by 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:
(i) the monitoring is used for the purpose of |
| 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 | |
(ii) the monitoring is used with the consent of at |
| least one person who is an active party to the marketing or opinion research conversation or telephone solicitation conversation being monitored. | |
No communication or conversation or any part, 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.
When recording or listening authorized by this 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.
Business entities that use a telephone monitoring or 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.
Business entities that use a telephone monitoring or 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.
For the purposes of this subsection (j), "telephone solicitation" means a communication through the use of a telephone by live operators:
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or |
|
(iii) assisting in the use of goods or services; or
(iv) engaging in the solicitation, administration, |
| or collection of bank or retail credit accounts. | |
For the purposes of this subsection (j), "marketing 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;
(k) Electronic recordings, including but not limited 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;
(l) Recording the interview or statement of any 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;
(m) An electronic recording, including but not 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.
Recordings made pursuant to this subsection (m) shall 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; and
(n) Recording or listening to an audio transmission 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.
(Source: P.A. 95‑258, eff. 1‑1‑08; 95‑352, eff. 8‑23‑07; 95‑463, eff. 6‑1‑08; 95‑876, eff. 8‑21‑08; 96‑670, eff. 8‑25‑09.) |