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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3284 Introduced 2/24/2011, by Rep. Sidney H. Mathias - Dwight Kay - John D. Cavaletto SYNOPSIS AS INTRODUCED:
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| 720 ILCS 5/11-6 | from Ch. 38, par. 11-6 |
| Amends the Criminal Code of 1961. Provides that a person who commits the offense of
indecent solicitation of a child by the knowing use of a computer on-line service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission and misrepresents his or her age to the child or one whom he or she believes
to be a child is guilty of a felony offense that is one class higher than the penalty for the same conduct committed without using a computer on-line service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB3284 | | LRB097 08254 RLC 48380 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 1961 is amended by changing |
| 5 | | Section 11-6 as follows:
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| 6 | | (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
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| 7 | | Sec. 11-6. Indecent solicitation of a child.
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| 8 | | (a) A person of the age of 17 years and upwards commits the |
| 9 | | offense of
indecent solicitation of a child if the person, with |
| 10 | | the intent that the
offense of aggravated criminal sexual |
| 11 | | assault, criminal sexual assault,
predatory criminal sexual |
| 12 | | assault of a child, or aggravated criminal sexual
abuse be |
| 13 | | committed, knowingly solicits a child or one whom he or she |
| 14 | | believes
to be a child to perform an act of sexual penetration |
| 15 | | or sexual conduct as
defined in Section 12-12 of this Code.
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| 16 | | (a-5) A person of the age of 17 years and upwards commits |
| 17 | | the offense of
indecent solicitation of a child if the person |
| 18 | | knowingly discusses an act of sexual conduct or sexual |
| 19 | | penetration with a child or with one whom he or she believes
to |
| 20 | | be a child by means of the Internet with the intent that the |
| 21 | | offense of aggravated criminal sexual assault, predatory |
| 22 | | criminal sexual assault of a child, or aggravated criminal |
| 23 | | sexual abuse be committed. |
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| | HB3284 | - 2 - | LRB097 08254 RLC 48380 b |
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| 1 | | (a-6) It is not a defense to subsection (a-5) that the |
| 2 | | person did not solicit the child to perform sexual conduct or |
| 3 | | sexual penetration with the person.
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| 4 | | (a-7) A person of the age of 17 years and upwards commits |
| 5 | | the offense of
indecent solicitation of a child if the person |
| 6 | | knowingly uses a computer on-line service, Internet service, |
| 7 | | local bulletin board service, or any other device capable of |
| 8 | | electronic data storage or transmission to violate subsection |
| 9 | | (a) of this Section and misrepresents his or her age to the |
| 10 | | child or one whom he or she believes
to be a child. |
| 11 | | (b) Definitions. As used in this Section:
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| 12 | | "Solicit" means to command, authorize, urge, incite, |
| 13 | | request, or
advise another to perform an act by any means |
| 14 | | including, but not limited to, in
person, over the phone, |
| 15 | | in writing, by computer, or by advertisement of any
kind.
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| 16 | | "Computer", "on-line", and "Internet" have the |
| 17 | | meanings ascribed to them in Section 16J-5 of this Code.
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| 18 | | "Child" means a person under 17 years of age.
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| 19 | | "Internet" means an interactive computer service or |
| 20 | | system or an
information service, system, or access |
| 21 | | software provider that provides or
enables computer access |
| 22 | | by multiple users to a computer server, and includes,
but |
| 23 | | is not limited to, an information service, system, or |
| 24 | | access software
provider that provides access to a network |
| 25 | | system commonly known as the
Internet, or any comparable |
| 26 | | system or service and also includes, but is not
limited to, |
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| 1 | | a World Wide Web page, newsgroup, message board, mailing |
| 2 | | list, or
chat area on any interactive computer service or |
| 3 | | system or other online
service.
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| 4 | | "Sexual penetration" or "sexual conduct" are defined |
| 5 | | in Section 12-12 of this Code.
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| 6 | | (c) Sentence. (1) Indecent solicitation of a child under |
| 7 | | subsection (a) is:
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| 8 | | (A) (1) a Class 1 felony when the act, if done, would |
| 9 | | be predatory criminal
sexual assault of a child or |
| 10 | | aggravated criminal sexual assault;
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| 11 | | (B) (2) a Class 2 felony when the act, if done, would |
| 12 | | be criminal sexual
assault;
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| 13 | | (C) (3) a Class 3 felony when the act, if done, would |
| 14 | | be aggravated criminal
sexual abuse.
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| 15 | | Indecent solicitation of a child under subsection (a-5) is |
| 16 | | a Class 4 felony.
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| 17 | | (2) Indecent solicitation of a child under subsection (a-7) |
| 18 | | is: |
| 19 | | (A) a Class X felony when the act, if done, would be |
| 20 | | predatory criminal
sexual assault of a child or aggravated |
| 21 | | criminal sexual assault; |
| 22 | | (B) a Class 1 felony when the act, if done, would be |
| 23 | | criminal sexual
assault; |
| 24 | | (C) a Class 2 felony when the act, if done, would be |
| 25 | | aggravated criminal
sexual abuse. |
| 26 | | (Source: P.A. 95-143, eff. 1-1-08.)
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