Bill Text: IL HB4593 | 2021-2022 | 102nd General Assembly | Chaptered
Bill Title: Reinserts the provisions of the bill as introduced but deletes provision that solicitation of a sexual act from a person whom the solicitor of the sexual act reasonably believes to be under the age of 18 is a Class 4 felony.
Spectrum: Moderate Partisan Bill (Republican 46-9)
Status: (Passed) 2022-05-27 - Public Act . . . . . . . . . 102-0939 [HB4593 Detail]
Download: Illinois-2021-HB4593-Chaptered.html
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Public Act 102-0939 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by | ||||
changing Section 11-14.1 as follows:
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(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. |
(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.)
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