Bill Text: IL HB4379 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Deletes provision that it is an affirmative defense to a charge of solicitation of a sexual act with a person who is under the age of 18 or who is a person with a severe or profound intellectual disability that the accused reasonably believed the person was of the age of 18 years or over or was not a person with a severe or profound intellectual disability at the time of the act giving rise to the charge.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB4379 Detail]

Download: Illinois-2021-HB4379-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4379 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-14.1
Amends the Criminal Code of 2012. Deletes provision that it is an affirmative defense to a charge of solicitation of a sexual act with a person who is under the age of 18 or who is a person with a severe or profound intellectual disability that the accused reasonably believed the person was of the age of 18 years or over or was not a person with a severe or profound intellectual disability at the time of the act giving rise to the charge.
LRB102 21794 RLC 30914 b
A BILL FOR
HB4379 LRB102 21794 RLC 30914 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 Section 11-14.1 as follows:
(720 ILCS 5/11-14.1)
Sec. 11-14.1. Solicitation of a sexual act.
(a) Any person who offers a person not his or her spouse
any money, property, token, object, or article or anything of
value for that person or any other person not his or her spouse
to perform any act of sexual penetration as defined in Section
11-0.1 of this Code, or any touching or fondling of the sex
organs of one person by another person for the purpose of
sexual arousal or gratification, commits solicitation of a
sexual act.
(b) Sentence. Solicitation of a sexual act is a Class A
misdemeanor. Solicitation of a sexual act from a person who is
under the age of 18 or who is a person with a severe or
profound intellectual disability is a Class 4 felony. If the
court imposes a fine under this subsection (b), it shall be
collected and distributed to the Specialized Services for
Survivors of Human Trafficking Fund in accordance with Section
5-9-1.21 of the Unified Code of Corrections.

HB4379 - 2 - LRB102 21794 RLC 30914 b
(b-5) (Blank). It is an affirmative defense to a charge of
solicitation of a sexual act with a person who is under the age
of 18 or who is a person with a severe or profound intellectual
disability that the accused reasonably believed the person was
of the age of 18 years or over or was not a person with a
severe or profound intellectual disability at the time of the
act giving rise to the charge.
(c) This Section does not apply to a person engaged in
prostitution who is under 18 years of age.
(d) A person cannot be convicted under this Section if the
practice of prostitution underlying the offense consists
exclusively of the accused's own acts of prostitution under
Section 11-14 of this Code.
(Source: P.A. 98-1013, eff. 1-1-15; 99-143, eff. 7-27-15.)