Bill Text: IL HB1464 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that a person commits sexual exploitation of a child when he or she knowingly entices, coerces, or persuades a child to participate in the production of the recording or memorializing a sexual act. Provides that a violation is a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense or if the person has been previously convicted of a sex offense. Provides that a person commits distributing harmful material when he or she knowingly entices, coerces, or persuades a minor to participate in the production of the recording or memorializing a sexual act. Provides that a violation is a Class 4 felony if the person has been previously convicted of a sex offense. Provides that a second or subsequent violation is a Class 3 felony.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-05 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB1464 Detail]

Download: Illinois-2023-HB1464-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1464 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-9.1 from Ch. 38, par. 11-9.1
720 ILCS 5/11-21 from Ch. 38, par. 11-21
Amends the Criminal Code of 2012. Provides that a person commits sexual exploitation of a child when he or she knowingly entices, coerces, or persuades a child to participate in the production of the recording or memorializing a sexual act. Provides that a violation is a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense or if the person has been previously convicted of a sex offense. Provides that a person commits distributing harmful material when he or she knowingly entices, coerces, or persuades a minor to participate in the production of the recording or memorializing a sexual act. Provides that a violation is a Class 4 felony if the person has been previously convicted of a sex offense. Provides that a second or subsequent violation is a Class 3 felony.
LRB103 05840 RLC 50860 b
A BILL FOR
HB1464 LRB103 05840 RLC 50860 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Sections 11-9.1 and 11-21 as follows:
(720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
Sec. 11-9.1. Sexual exploitation of a child.
(a) A person commits sexual exploitation of a child if in
the presence or virtual presence, or both, of a child and with
knowledge that a child or one whom he or she believes to be a
child would view his or her acts, that person:
(1) engages in a sexual act; or
(2) exposes his or her sex organs, anus or breast for
the purpose of sexual arousal or gratification of such
person or the child or one whom he or she believes to be a
child; or .
(3) knowingly entices, coerces, or persuades a child
to participate in the production of the recording or
memorializing a sexual act.
(a-5) A person commits sexual exploitation of a child who
knowingly entices, coerces, or persuades a child to remove the
child's clothing for the purpose of sexual arousal or
gratification of the person or the child, or both.

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(b) Definitions. As used in this Section:
"Sexual act" means masturbation, sexual conduct or sexual
penetration as defined in Section 11-0.1 of this Code.
"Sex offense" means any violation of Article 11 of this
Code.
"Child" means a person under 17 years of age.
"Virtual presence" means an environment that is created
with software and presented to the user and or receiver via the
Internet, in such a way that the user appears in front of the
receiver on the computer monitor or screen or hand-held
portable electronic device, usually through a web camming
program. "Virtual presence" includes primarily experiencing
through sight or sound, or both, a video image that can be
explored interactively at a personal computer or hand-held
communication device, or both.
"Webcam" means a video capturing device connected to a
computer or computer network that is designed to take digital
photographs or live or recorded video which allows for the
live transmission to an end user over the Internet.
(c) Sentence.
(1) Sexual exploitation of a child is a Class A
misdemeanor. A second or subsequent violation of this
Section or a substantially similar law of another state is
a Class 4 felony.
(2) Sexual exploitation of a child is a Class 4 felony
if the person has been previously convicted of a sex

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offense.
(3) Sexual exploitation of a child is a Class 4 felony
if the victim was under 13 years of age at the time of the
commission of the offense.
(4) Sexual exploitation of a child is a Class 4 felony
if committed by a person 18 years of age or older who is on
or within 500 feet of elementary or secondary school
grounds when children are present on the grounds.
(5) A violation of paragraph (3) of subsection (a) is:
a Class 4 felony for a first offense; and a Class 3 felony
for a second or subsequent offense, or if the person has
been previously convicted of a sex offense.
(Source: P.A. 102-168, eff. 7-27-21.)
(720 ILCS 5/11-21) (from Ch. 38, par. 11-21)
Sec. 11-21. Harmful material.
(a) As used in this Section:
"Distribute" means to transfer possession of, whether
with or without consideration.
"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)
predominantly predominately appeals to the prurient
interest in sex of minors, (ii) is patently offensive to

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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 fully
opaque covering, or the showing of the female breast with
less than a fully opaque covering of any portion below the
top of the nipple, or the depiction of covered male
genitals in a discernibly turgid state.
"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.

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"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.
"Sex offense" and "sexual act" have the meanings
ascribed to them in Section 11-9.1.
(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

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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; or .
(3) knowingly entices, coerces, or persuades a minor
to participate in the production of the recording or
memorializing a sexual act.
(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

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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 or her employees, or
agents, as where the order or request for such harmful
material was transmitted by mail, telephone, Internet or
similar means of communication, and delivery of such
harmful material to the child was by mail, freight,
Internet or similar means of transport, which
advertisement contained the following statement, or a
substantially similar statement, and that the defendant
required the purchaser to certify that he or she was not
under the age of 18 and that the purchaser falsely stated
that he or she was not under the age of 18: "NOTICE: It is
unlawful for any person under the age of 18 to purchase the
matter advertised. Any person under the age of 18 that
falsely states that he or she is not under the age of 18
for the purpose of obtaining the material advertised is
guilty of a Class B misdemeanor under the laws of the
State."
(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

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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. A violation of paragraph (3) of
subsection (b) is a Class 4 felony if the person has been
previously convicted of a sex offense. A second or subsequent
violation of paragraph (3) of subsection (b) is a Class 3
felony.
(f) Any person under the age of 18 who falsely states,
either orally or in writing, that he or she is not under the
age of 18, or who presents or offers to any person any evidence
of age and identity that is false or not actually his or her
own with the intent of ordering, obtaining, viewing, or
otherwise procuring or attempting to procure or view any
harmful material is guilty of a Class B misdemeanor.
(g) A person over the age of 18 who fails to exercise
reasonable care in ascertaining the true age of a minor,
knowingly distributes to, or sends, or causes to be sent, or
exhibits to, or offers to distribute, or exhibits any harmful
material to a person that he or she believes is a minor is
guilty of a Class A misdemeanor. If that person utilized a
computer web camera, cellular telephone, or any other type of

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device to manufacture the harmful material, then each offense
is a Class 4 felony.
(h) Telecommunications carriers, commercial mobile service
providers, and providers of information services, including,
but not limited to, Internet service providers and hosting
service providers, are not liable under this Section, except
for willful and wanton misconduct, by virtue of the
transmission, storage, or caching of electronic communications
or messages of others or by virtue of the provision of other
related telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
(Source: P.A. 99-642, eff. 7-28-16.)