Bill Text: IL HB5321 | 2009-2010 | 96th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Criminal Code of 1961. Provides that a person also commits sexual exploitation of a child if he or she in the presence or virtual presence, or both, of a child engages in the sexual act or exposure of his or her sex organs, anus, or breast for the purpose of sexual arousal or gratification of one whom he or she believes to be a child if the person has the intent or knowledge that one whom he or she believes to be a child would view his or her acts. Defines "virtual presence".

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2010-07-19 - Public Act . . . . . . . . . 96-1090 [HB5321 Detail]

Download: Illinois-2009-HB5321-Engrossed.html

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HB5321 Engrossed LRB096 18206 RLC 33581 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 1961 is amended by changing
Section 11-9.1 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) Any person commits sexual exploitation of a child if in
the presence or virtual presence, or both, of a child and with
intent or 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.
(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.
(b) Definitions. As used in this Section:
"Sexual act" means masturbation, sexual conduct or sexual
penetration as defined in Section 12-12 of this Code.

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"Sex offense" means any violation of Article 11 of this
Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15,
12-16, or 12-16.2 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
offense.
(3) Sexual exploitation of a child is a Class 4 felony

HB5321 Engrossed - 3 - LRB096 18206 RLC 33581 b
if the victim was under 13 years of age at the time of the
commission of the offense.
(Source: P.A. 94-140, eff. 7-7-05.)