Bill Text: IL SB1321 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Criminal Code of 2012. In the statute concerning grooming, defines "child" as a person under 17 years of age. Changes the statute concerning traveling to meet a minor. Changes the offense to traveling to meet a child. Defines "child" as a person under 17 years of age. Amends the Sex Offender Management Board Act and the Sex Offender Registration Act to make conforming changes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0428 [SB1321 Detail]

Download: Illinois-2017-SB1321-Chaptered.html



Public Act 100-0428
SB1321 EnrolledLRB100 08174 RLC 18269 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 Sex Offender Management Board Act is amended
by changing Section 10 as follows:
(20 ILCS 4026/10)
Sec. 10. Definitions. In this Act, unless the context
otherwise requires:
(a) "Board" means the Sex Offender Management Board created
in Section 15.
(b) "Sex offender" means any person who is convicted or
found delinquent in the State of Illinois, or under any
substantially similar federal law or law of another state, of
any sex offense or attempt of a sex offense as defined in
subsection (c) of this Section, or any former statute of this
State that defined a felony sex offense, or who has been
declared as a sexually dangerous person under the Sexually
Dangerous Persons Act or declared a sexually violent person
under the Sexually Violent Persons Commitment Act, or any
substantially similar federal law or law of another state.
(c) "Sex offense" means any felony or misdemeanor offense
described in this subsection (c) as follows:
(1) Indecent solicitation of a child, in violation of
Section 11-6 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(2) Indecent solicitation of an adult, in violation of
Section 11-6.5 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(3) Public indecency, in violation of Section 11-9 or
11-30 of the Criminal Code of 1961 or the Criminal Code of
2012;
(4) Sexual exploitation of a child, in violation of
Section 11-9.1 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(5) Sexual relations within families, in violation of
Section 11-11 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(6) Promoting juvenile prostitution or soliciting for
a juvenile prostitute, in violation of Section 11-14.4 or
11-15.1 of the Criminal Code of 1961 or the Criminal Code
of 2012;
(7) Promoting juvenile prostitution or keeping a place
of juvenile prostitution, in violation of Section 11-14.4
or 11-17.1 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(8) Patronizing a juvenile prostitute, in violation of
Section 11-18.1 of the Criminal Code of 1961 or the
Criminal Code of 2012;
(9) Promoting juvenile prostitution or juvenile
pimping, in violation of Section 11-14.4 or 11-19.1 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(10) promoting juvenile prostitution or exploitation
of a child, in violation of Section 11-14.4 or 11-19.2 of
the Criminal Code of 1961 or the Criminal Code of 2012;
(11) Child pornography, in violation of Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code
of 2012;
(11.5) Aggravated child pornography, in violation of
Section 11-20.1B or 11-20.3 of the Criminal Code of 1961;
(12) Harmful material, in violation of Section 11-21 of
the Criminal Code of 1961 or the Criminal Code of 2012;
(13) Criminal sexual assault, in violation of Section
11-1.20 or 12-13 of the Criminal Code of 1961 or the
Criminal Code of 2012;
(13.5) Grooming, in violation of Section 11-25 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(14) Aggravated criminal sexual assault, in violation
of Section 11-1.30 or 12-14 of the Criminal Code of 1961 or
the Criminal Code of 2012;
(14.5) Traveling to meet a minor or traveling to meet a
child, in violation of Section 11-26 of the Criminal Code
of 1961 or the Criminal Code of 2012;
(15) Predatory criminal sexual assault of a child, in
violation of Section 11-1.40 or 12-14.1 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(16) Criminal sexual abuse, in violation of Section
11-1.50 or 12-15 of the Criminal Code of 1961 or the
Criminal Code of 2012;
(17) Aggravated criminal sexual abuse, in violation of
Section 11-1.60 or 12-16 of the Criminal Code of 1961 or
the Criminal Code of 2012;
(18) Ritualized abuse of a child, in violation of
Section 12-33 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(19) An attempt to commit any of the offenses
enumerated in this subsection (c); or
(20) Any felony offense under Illinois law that is
sexually motivated.
(d) "Management" means treatment, and supervision of any
sex offender that conforms to the standards created by the
Board under Section 15.
(e) "Sexually motivated" means one or more of the facts of
the underlying offense indicates conduct that is of a sexual
nature or that shows an intent to engage in behavior of a
sexual nature.
(f) "Sex offender evaluator" means a person licensed under
the Sex Offender Evaluation and Treatment Provider Act to
conduct sex offender evaluations.
(g) "Sex offender treatment provider" means a person
licensed under the Sex Offender Evaluation and Treatment
Provider Act to provide sex offender treatment services.
(h) "Associate sex offender provider" means a person
licensed under the Sex Offender Evaluation and Treatment
Provider Act to provide sex offender evaluations and to provide
sex offender treatment under the supervision of a licensed sex
offender evaluator or a licensed sex offender treatment
provider.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1098, eff. 1-1-13;
97-1150, eff. 1-25-13.)
Section 10. The Criminal Code of 2012 is amended by
changing Sections 11-9.3, 11-25, and 11-26 as follows:
(720 ILCS 5/11-9.3)
Sec. 11-9.3. Presence within school zone by child sex
offenders prohibited; approaching, contacting, residing with,
or communicating with a child within certain places by child
sex offenders prohibited.
(a) It is unlawful for a child sex offender to knowingly be
present in any school building, on real property comprising any
school, or in any conveyance owned, leased, or contracted by a
school to transport students to or from school or a school
related activity when persons under the age of 18 are present
in the building, on the grounds or in the conveyance, unless
the offender is a parent or guardian of a student attending the
school and the parent or guardian is: (i) attending a
conference at the school with school personnel to discuss the
progress of his or her child academically or socially, (ii)
participating in child review conferences in which evaluation
and placement decisions may be made with respect to his or her
child regarding special education services, or (iii) attending
conferences to discuss other student issues concerning his or
her child such as retention and promotion and notifies the
principal of the school of his or her presence at the school or
unless the offender has permission to be present from the
superintendent or the school board or in the case of a private
school from the principal. In the case of a public school, if
permission is granted, the superintendent or school board
president must inform the principal of the school where the sex
offender will be present. Notification includes the nature of
the sex offender's visit and the hours in which the sex
offender will be present in the school. The sex offender is
responsible for notifying the principal's office when he or she
arrives on school property and when he or she departs from
school property. If the sex offender is to be present in the
vicinity of children, the sex offender has the duty to remain
under the direct supervision of a school official.
(a-5) It is unlawful for a child sex offender to knowingly
be present within 100 feet of a site posted as a pick-up or
discharge stop for a conveyance owned, leased, or contracted by
a school to transport students to or from school or a school
related activity when one or more persons under the age of 18
are present at the site.
(a-10) It is unlawful for a child sex offender to knowingly
be present in any public park building, a playground or
recreation area within any publicly accessible privately owned
building, or on real property comprising any public park when
persons under the age of 18 are present in the building or on
the grounds and to approach, contact, or communicate with a
child under 18 years of age, unless the offender is a parent or
guardian of a person under 18 years of age present in the
building or on the grounds.
(b) It is unlawful for a child sex offender to knowingly
loiter within 500 feet of a school building or real property
comprising any school while persons under the age of 18 are
present in the building or on the grounds, unless the offender
is a parent or guardian of a student attending the school and
the parent or guardian is: (i) attending a conference at the
school with school personnel to discuss the progress of his or
her child academically or socially, (ii) participating in child
review conferences in which evaluation and placement decisions
may be made with respect to his or her child regarding special
education services, or (iii) attending conferences to discuss
other student issues concerning his or her child such as
retention and promotion and notifies the principal of the
school of his or her presence at the school or has permission
to be present from the superintendent or the school board or in
the case of a private school from the principal. In the case of
a public school, if permission is granted, the superintendent
or school board president must inform the principal of the
school where the sex offender will be present. Notification
includes the nature of the sex offender's visit and the hours
in which the sex offender will be present in the school. The
sex offender is responsible for notifying the principal's
office when he or she arrives on school property and when he or
she departs from school property. If the sex offender is to be
present in the vicinity of children, the sex offender has the
duty to remain under the direct supervision of a school
official.
(b-2) It is unlawful for a child sex offender to knowingly
loiter on a public way within 500 feet of a public park
building or real property comprising any public park while
persons under the age of 18 are present in the building or on
the grounds and to approach, contact, or communicate with a
child under 18 years of age, unless the offender is a parent or
guardian of a person under 18 years of age present in the
building or on the grounds.
(b-5) It is unlawful for a child sex offender to knowingly
reside within 500 feet of a school building or the real
property comprising any school that persons under the age of 18
attend. Nothing in this subsection (b-5) prohibits a child sex
offender from residing within 500 feet of a school building or
the real property comprising any school that persons under 18
attend if the property is owned by the child sex offender and
was purchased before July 7, 2000 (the effective date of Public
Act 91-911).
(b-10) It is unlawful for a child sex offender to knowingly
reside within 500 feet of a playground, child care institution,
day care center, part day child care facility, day care home,
group day care home, or a facility providing programs or
services exclusively directed toward persons under 18 years of
age. Nothing in this subsection (b-10) prohibits a child sex
offender from residing within 500 feet of a playground or a
facility providing programs or services exclusively directed
toward persons under 18 years of age if the property is owned
by the child sex offender and was purchased before July 7,
2000. Nothing in this subsection (b-10) prohibits a child sex
offender from residing within 500 feet of a child care
institution, day care center, or part day child care facility
if the property is owned by the child sex offender and was
purchased before June 26, 2006. Nothing in this subsection
(b-10) prohibits a child sex offender from residing within 500
feet of a day care home or group day care home if the property
is owned by the child sex offender and was purchased before
August 14, 2008 (the effective date of Public Act 95-821).
(b-15) It is unlawful for a child sex offender to knowingly
reside within 500 feet of the victim of the sex offense.
Nothing in this subsection (b-15) prohibits a child sex
offender from residing within 500 feet of the victim if the
property in which the child sex offender resides is owned by
the child sex offender and was purchased before August 22,
2002.
This subsection (b-15) does not apply if the victim of the
sex offense is 21 years of age or older.
(b-20) It is unlawful for a child sex offender to knowingly
communicate, other than for a lawful purpose under Illinois
law, using the Internet or any other digital media, with a
person under 18 years of age or with a person whom he or she
believes to be a person under 18 years of age, unless the
offender is a parent or guardian of the person under 18 years
of age.
(c) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, volunteer at, be associated
with, or knowingly be present at any: (i) facility providing
programs or services exclusively directed toward persons under
the age of 18; (ii) day care center; (iii) part day child care
facility; (iv) child care institution; (v) school providing
before and after school programs for children under 18 years of
age; (vi) day care home; or (vii) group day care home. This
does not prohibit a child sex offender from owning the real
property upon which the programs or services are offered or
upon which the day care center, part day child care facility,
child care institution, or school providing before and after
school programs for children under 18 years of age is located,
provided the child sex offender refrains from being present on
the premises for the hours during which: (1) the programs or
services are being offered or (2) the day care center, part day
child care facility, child care institution, or school
providing before and after school programs for children under
18 years of age, day care home, or group day care home is
operated.
(c-2) It is unlawful for a child sex offender to
participate in a holiday event involving children under 18
years of age, including but not limited to distributing candy
or other items to children on Halloween, wearing a Santa Claus
costume on or preceding Christmas, being employed as a
department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter. For the purposes of this
subsection, child sex offender has the meaning as defined in
this Section, but does not include as a sex offense under
paragraph (2) of subsection (d) of this Section, the offense
under subsection (c) of Section 11-1.50 of this Code. This
subsection does not apply to a child sex offender who is a
parent or guardian of children under 18 years of age that are
present in the home and other non-familial minors are not
present.
(c-5) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, or be associated with any
county fair when persons under the age of 18 are present.
(c-6) It is unlawful for a child sex offender who owns and
resides at residential real estate to knowingly rent any
residential unit within the same building in which he or she
resides to a person who is the parent or guardian of a child or
children under 18 years of age. This subsection shall apply
only to leases or other rental arrangements entered into after
January 1, 2009 (the effective date of Public Act 95-820).
(c-7) It is unlawful for a child sex offender to knowingly
offer or provide any programs or services to persons under 18
years of age in his or her residence or the residence of
another or in any facility for the purpose of offering or
providing such programs or services, whether such programs or
services are offered or provided by contract, agreement,
arrangement, or on a volunteer basis.
(c-8) It is unlawful for a child sex offender to knowingly
operate, whether authorized to do so or not, any of the
following vehicles: (1) a vehicle which is specifically
designed, constructed or modified and equipped to be used for
the retail sale of food or beverages, including but not limited
to an ice cream truck; (2) an authorized emergency vehicle; or
(3) a rescue vehicle.
(d) Definitions. In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or any
substantially similar federal law or law of another
state, with a sex offense set forth in paragraph (2) of
this subsection (d) or the attempt to commit an
included sex offense, and the victim is a person under
18 years of age at the time of the offense; and:
(A) is convicted of such offense or an attempt
to commit such offense; or
(B) is found not guilty by reason of insanity
of such offense or an attempt to commit such
offense; or
(C) is found not guilty by reason of insanity
pursuant to subsection (c) of Section 104-25 of the
Code of Criminal Procedure of 1963 of such offense
or an attempt to commit such offense; or
(D) is the subject of a finding not resulting
in an acquittal at a hearing conducted pursuant to
subsection (a) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged
commission or attempted commission of such
offense; or
(E) is found not guilty by reason of insanity
following a hearing conducted pursuant to a
federal law or the law of another state
substantially similar to subsection (c) of Section
104-25 of the Code of Criminal Procedure of 1963 of
such offense or of the attempted commission of such
offense; or
(F) is the subject of a finding not resulting
in an acquittal at a hearing conducted pursuant to
a federal law or the law of another state
substantially similar to subsection (a) of Section
104-25 of the Code of Criminal Procedure of 1963
for the alleged violation or attempted commission
of such offense; or
(ii) is certified as a sexually dangerous person
pursuant to the Illinois Sexually Dangerous Persons
Act, or any substantially similar federal law or the
law of another state, when any conduct giving rise to
such certification is committed or attempted against a
person less than 18 years of age; or
(iii) is subject to the provisions of Section 2 of
the Interstate Agreements on Sexually Dangerous
Persons Act.
Convictions that result from or are connected with the
same act, or result from offenses committed at the same
time, shall be counted for the purpose of this Section as
one conviction. Any conviction set aside pursuant to law is
not a conviction for purposes of this Section.
(2) Except as otherwise provided in paragraph (2.5),
"sex offense" means:
(i) A violation of any of the following Sections of
the Criminal Code of 1961 or the Criminal Code of 2012:
10-4 (forcible detention), 10-7 (aiding or abetting
child abduction under Section 10-5(b)(10)),
10-5(b)(10) (child luring), 11-1.40 (predatory
criminal sexual assault of a child), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent
solicitation of an adult), 11-9.1 (sexual exploitation
of a child), 11-9.2 (custodial sexual misconduct),
11-9.5 (sexual misconduct with a person with a
disability), 11-11 (sexual relations within families),
11-14.3(a)(1) (promoting prostitution by advancing
prostitution), 11-14.3(a)(2)(A) (promoting
prostitution by profiting from prostitution by
compelling a person to be a prostitute),
11-14.3(a)(2)(C) (promoting prostitution by profiting
from prostitution by means other than as described in
subparagraphs (A) and (B) of paragraph (2) of
subsection (a) of Section 11-14.3), 11-14.4 (promoting
juvenile prostitution), 11-18.1 (patronizing a
juvenile prostitute), 11-20.1 (child pornography),
11-20.1B (aggravated child pornography), 11-21
(harmful material), 11-25 (grooming), 11-26 (traveling
to meet a minor or traveling to meet a child), 12-33
(ritualized abuse of a child), 11-20 (obscenity) (when
that offense was committed in any school, on real
property comprising any school, in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related
activity, or in a public park), 11-30 (public
indecency) (when committed in a school, on real
property comprising a school, in any conveyance owned,
leased, or contracted by a school to transport students
to or from school or a school related activity, or in a
public park). An attempt to commit any of these
offenses.
(ii) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012, when the victim is a person under 18 years of
age: 11-1.20 (criminal sexual assault), 11-1.30
(aggravated criminal sexual assault), 11-1.50
(criminal sexual abuse), 11-1.60 (aggravated criminal
sexual abuse). An attempt to commit any of these
offenses.
(iii) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012, when the victim is a person under 18 years of age
and the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint),
11-9.1(A) (permitting sexual abuse of a child).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in
clause (2)(i) or (2)(ii) of subsection (d) of this
Section.
(2.5) For the purposes of subsections (b-5) and (b-10)
only, a sex offense means:
(i) A violation of any of the following Sections of
the Criminal Code of 1961 or the Criminal Code of 2012:
10-5(b)(10) (child luring), 10-7 (aiding or
abetting child abduction under Section 10-5(b)(10)),
11-1.40 (predatory criminal sexual assault of a
child), 11-6 (indecent solicitation of a child),
11-6.5 (indecent solicitation of an adult), 11-9.2
(custodial sexual misconduct), 11-9.5 (sexual
misconduct with a person with a disability), 11-11
(sexual relations within families), 11-14.3(a)(1)
(promoting prostitution by advancing prostitution),
11-14.3(a)(2)(A) (promoting prostitution by profiting
from prostitution by compelling a person to be a
prostitute), 11-14.3(a)(2)(C) (promoting prostitution
by profiting from prostitution by means other than as
described in subparagraphs (A) and (B) of paragraph (2)
of subsection (a) of Section 11-14.3), 11-14.4
(promoting juvenile prostitution), 11-18.1
(patronizing a juvenile prostitute), 11-20.1 (child
pornography), 11-20.1B (aggravated child pornography),
11-25 (grooming), 11-26 (traveling to meet a minor or
traveling to meet a child), or 12-33 (ritualized abuse
of a child). An attempt to commit any of these
offenses.
(ii) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012, when the victim is a person under 18 years of
age: 11-1.20 (criminal sexual assault), 11-1.30
(aggravated criminal sexual assault), 11-1.60
(aggravated criminal sexual abuse), and subsection (a)
of Section 11-1.50 (criminal sexual abuse). An attempt
to commit any of these offenses.
(iii) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012, when the victim is a person under 18 years of age
and the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint),
11-9.1(A) (permitting sexual abuse of a child).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in this
paragraph (2.5) of this subsection.
(3) A conviction for an offense of federal law or the
law of another state that is substantially equivalent to
any offense listed in paragraph (2) of subsection (d) of
this Section shall constitute a conviction for the purpose
of this Section. A finding or adjudication as a sexually
dangerous person under any federal law or law of another
state that is substantially equivalent to the Sexually
Dangerous Persons Act shall constitute an adjudication for
the purposes of this Section.
(4) "Authorized emergency vehicle", "rescue vehicle",
and "vehicle" have the meanings ascribed to them in
Sections 1-105, 1-171.8 and 1-217, respectively, of the
Illinois Vehicle Code.
(5) "Child care institution" has the meaning ascribed
to it in Section 2.06 of the Child Care Act of 1969.
(6) "Day care center" has the meaning ascribed to it in
Section 2.09 of the Child Care Act of 1969.
(7) "Day care home" has the meaning ascribed to it in
Section 2.18 of the Child Care Act of 1969.
(8) "Facility providing programs or services directed
towards persons under the age of 18" means any facility
providing programs or services exclusively directed
towards persons under the age of 18.
(9) "Group day care home" has the meaning ascribed to
it in Section 2.20 of the Child Care Act of 1969.
(10) "Internet" has the meaning set forth in Section
16-0.1 of this Code.
(11) "Loiter" means:
(i) Standing, sitting idly, whether or not the
person is in a vehicle, or remaining in or around
school or public park property.
(ii) Standing, sitting idly, whether or not the
person is in a vehicle, or remaining in or around
school or public park property, for the purpose of
committing or attempting to commit a sex offense.
(iii) Entering or remaining in a building in or
around school property, other than the offender's
residence.
(12) "Part day child care facility" has the meaning
ascribed to it in Section 2.10 of the Child Care Act of
1969.
(13) "Playground" means a piece of land owned or
controlled by a unit of local government that is designated
by the unit of local government for use solely or primarily
for children's recreation.
(14) "Public park" includes a park, forest preserve,
bikeway, trail, or conservation area under the
jurisdiction of the State or a unit of local government.
(15) "School" means a public or private preschool or
elementary or secondary school.
(16) "School official" means the principal, a teacher,
or any other certified employee of the school, the
superintendent of schools or a member of the school board.
(e) For the purposes of this Section, the 500 feet distance
shall be measured from: (1) the edge of the property of the
school building or the real property comprising the school that
is closest to the edge of the property of the child sex
offender's residence or where he or she is loitering, and (2)
the edge of the property comprising the public park building or
the real property comprising the public park, playground, child
care institution, day care center, part day child care
facility, or facility providing programs or services
exclusively directed toward persons under 18 years of age, or a
victim of the sex offense who is under 21 years of age, to the
edge of the child sex offender's place of residence or place
where he or she is loitering.
(f) Sentence. A person who violates this Section is guilty
of a Class 4 felony.
(Source: P.A. 97-698, eff. 1-1-13; 97-699, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-266, eff. 1-1-14.)
(720 ILCS 5/11-25)
Sec. 11-25. Grooming.
(a) A person commits grooming when he or she knowingly uses
a computer on-line service, Internet service, local bulletin
board service, or any other device capable of electronic data
storage or transmission to seduce, solicit, lure, or entice, or
attempt to seduce, solicit, lure, or entice, a child, a child's
guardian, or another person believed by the person to be a
child or a child's guardian, to commit any sex offense as
defined in Section 2 of the Sex Offender Registration Act, to
distribute photographs depicting the sex organs of the child,
or to otherwise engage in any unlawful sexual conduct with a
child or with another person believed by the person to be a
child. As used in this Section, "child" means a person under 17
years of age.
(b) Sentence. Grooming is a Class 4 felony.
(Source: P.A. 98-919, eff. 1-1-15.)
(720 ILCS 5/11-26)
Sec. 11-26. Traveling to meet a child minor.
(a) A person commits the offense of traveling to meet a
child minor when he or she travels any distance either within
this State, to this State, or from this State by any means,
attempts to do so, or causes another to do so or attempt to do
so for the purpose of engaging in any sex offense as defined in
Section 2 of the Sex Offender Registration Act, or to otherwise
engage in other unlawful sexual conduct with a child or with
another person believed by the person to be a child after using
a computer on-line service, Internet service, local bulletin
board service, or any other device capable of electronic data
storage or transmission to seduce, solicit, lure, or entice, or
to attempt to seduce, solicit, lure, or entice, a child or a
child's guardian, or another person believed by the person to
be a child or a child's guardian, for such purpose. As used in
this Section, "child" means a person under 17 years of age.
(b) Sentence. Traveling to meet a child minor is a Class 3
felony.
(Source: P.A. 95-901, eff. 1-1-09.)
Section 15. The Sex Offender Registration Act is amended by
changing Section 2 as follows:
(730 ILCS 150/2) (from Ch. 38, par. 222)
Sec. 2. Definitions.
(A) As used in this Article, "sex offender" means any
person who is:
(1) charged pursuant to Illinois law, or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law, with a sex
offense set forth in subsection (B) of this Section or the
attempt to commit an included sex offense, and:
(a) is convicted of such offense or an attempt to
commit such offense; or
(b) is found not guilty by reason of insanity of
such offense or an attempt to commit such offense; or
(c) is found not guilty by reason of insanity
pursuant to Section 104-25(c) of the Code of Criminal
Procedure of 1963 of such offense or an attempt to
commit such offense; or
(d) is the subject of a finding not resulting in an
acquittal at a hearing conducted pursuant to Section
104-25(a) of the Code of Criminal Procedure of 1963 for
the alleged commission or attempted commission of such
offense; or
(e) is found not guilty by reason of insanity
following a hearing conducted pursuant to a federal,
Uniform Code of Military Justice, sister state, or
foreign country law substantially similar to Section
104-25(c) of the Code of Criminal Procedure of 1963 of
such offense or of the attempted commission of such
offense; or
(f) is the subject of a finding not resulting in an
acquittal at a hearing conducted pursuant to a federal,
Uniform Code of Military Justice, sister state, or
foreign country law substantially similar to Section
104-25(a) of the Code of Criminal Procedure of 1963 for
the alleged violation or attempted commission of such
offense; or
(2) declared as a sexually dangerous person pursuant to
the Illinois Sexually Dangerous Persons Act, or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law; or
(3) subject to the provisions of Section 2 of the
Interstate Agreements on Sexually Dangerous Persons Act;
or
(4) found to be a sexually violent person pursuant to
the Sexually Violent Persons Commitment Act or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law; or
(5) adjudicated a juvenile delinquent as the result of
committing or attempting to commit an act which, if
committed by an adult, would constitute any of the offenses
specified in item (B), (C), or (C-5) of this Section or a
violation of any substantially similar federal, Uniform
Code of Military Justice, sister state, or foreign country
law, or found guilty under Article V of the Juvenile Court
Act of 1987 of committing or attempting to commit an act
which, if committed by an adult, would constitute any of
the offenses specified in item (B), (C), or (C-5) of this
Section or a violation of any substantially similar
federal, Uniform Code of Military Justice, sister state, or
foreign country law.
Convictions that result from or are connected with the same
act, or result from offenses committed at the same time, shall
be counted for the purpose of this Article as one conviction.
Any conviction set aside pursuant to law is not a conviction
for purposes of this Article.
For purposes of this Section, "convicted" shall have the
same meaning as "adjudicated".
(B) As used in this Article, "sex offense" means:
(1) A violation of any of the following Sections of the
Criminal Code of 1961 or the Criminal Code of 2012:
11-20.1 (child pornography),
11-20.1B or 11-20.3 (aggravated child
pornography),
11-6 (indecent solicitation of a child),
11-9.1 (sexual exploitation of a child),
11-9.2 (custodial sexual misconduct),
11-9.5 (sexual misconduct with a person with a
disability),
11-14.4 (promoting juvenile prostitution),
11-15.1 (soliciting for a juvenile prostitute),
11-18.1 (patronizing a juvenile prostitute),
11-17.1 (keeping a place of juvenile
prostitution),
11-19.1 (juvenile pimping),
11-19.2 (exploitation of a child),
11-25 (grooming),
11-26 (traveling to meet a minor or traveling to
meet a child),
11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual
assault),
11-1.40 or 12-14.1 (predatory criminal sexual
assault of a child),
11-1.50 or 12-15 (criminal sexual abuse),
11-1.60 or 12-16 (aggravated criminal sexual
abuse),
12-33 (ritualized abuse of a child).
An attempt to commit any of these offenses.
(1.5) A violation of any of the following Sections of
the Criminal Code of 1961 or the Criminal Code of 2012,
when the victim is a person under 18 years of age, the
defendant is not a parent of the victim, the offense was
sexually motivated as defined in Section 10 of the Sex
Offender Evaluation and Treatment Act, and the offense was
committed on or after January 1, 1996:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
If the offense was committed before January 1, 1996, it
is a sex offense requiring registration only when the
person is convicted of any felony after July 1, 2011, and
paragraph (2.1) of subsection (c) of Section 3 of this Act
applies.
(1.6) First degree murder under Section 9-1 of the
Criminal Code of 1961 or the Criminal Code of 2012,
provided the offense was sexually motivated as defined in
Section 10 of the Sex Offender Management Board Act.
(1.7) (Blank).
(1.8) A violation or attempted violation of Section
11-11 (sexual relations within families) of the Criminal
Code of 1961 or the Criminal Code of 2012, and the offense
was committed on or after June 1, 1997. If the offense was
committed before June 1, 1997, it is a sex offense
requiring registration only when the person is convicted of
any felony after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(1.9) Child abduction under paragraph (10) of
subsection (b) of Section 10-5 of the Criminal Code of 1961
or the Criminal Code of 2012 committed by luring or
attempting to lure a child under the age of 16 into a motor
vehicle, building, house trailer, or dwelling place
without the consent of the parent or lawful custodian of
the child for other than a lawful purpose and the offense
was committed on or after January 1, 1998, provided the
offense was sexually motivated as defined in Section 10 of
the Sex Offender Management Board Act. If the offense was
committed before January 1, 1998, it is a sex offense
requiring registration only when the person is convicted of
any felony after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(1.10) A violation or attempted violation of any of the
following Sections of the Criminal Code of 1961 or the
Criminal Code of 2012 when the offense was committed on or
after July 1, 1999:
10-4 (forcible detention, if the victim is under 18
years of age), provided the offense was sexually
motivated as defined in Section 10 of the Sex Offender
Management Board Act,
11-6.5 (indecent solicitation of an adult),
11-14.3 that involves soliciting for a prostitute,
or 11-15 (soliciting for a prostitute, if the victim is
under 18 years of age),
subdivision (a)(2)(A) or (a)(2)(B) of Section
11-14.3, or Section 11-16 (pandering, if the victim is
under 18 years of age),
11-18 (patronizing a prostitute, if the victim is
under 18 years of age),
subdivision (a)(2)(C) of Section 11-14.3, or
Section 11-19 (pimping, if the victim is under 18 years
of age).
If the offense was committed before July 1, 1999, it is
a sex offense requiring registration only when the person
is convicted of any felony after July 1, 2011, and
paragraph (2.1) of subsection (c) of Section 3 of this Act
applies.
(1.11) A violation or attempted violation of any of the
following Sections of the Criminal Code of 1961 or the
Criminal Code of 2012 when the offense was committed on or
after August 22, 2002:
11-9 or 11-30 (public indecency for a third or
subsequent conviction).
If the third or subsequent conviction was imposed
before August 22, 2002, it is a sex offense requiring
registration only when the person is convicted of any
felony after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(1.12) A violation or attempted violation of Section
5.1 of the Wrongs to Children Act or Section 11-9.1A of the
Criminal Code of 1961 or the Criminal Code of 2012
(permitting sexual abuse) when the offense was committed on
or after August 22, 2002. If the offense was committed
before August 22, 2002, it is a sex offense requiring
registration only when the person is convicted of any
felony after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(2) A violation of any former law of this State
substantially equivalent to any offense listed in
subsection (B) of this Section.
(C) A conviction for an offense of federal law, Uniform
Code of Military Justice, or the law of another state or a
foreign country that is substantially equivalent to any offense
listed in subsections (B), (C), (E), and (E-5) of this Section
shall constitute a conviction for the purpose of this Article.
A finding or adjudication as a sexually dangerous person or a
sexually violent person under any federal law, Uniform Code of
Military Justice, or the law of another state or foreign
country that is substantially equivalent to the Sexually
Dangerous Persons Act or the Sexually Violent Persons
Commitment Act shall constitute an adjudication for the
purposes of this Article.
(C-5) A person at least 17 years of age at the time of the
commission of the offense who is convicted of first degree
murder under Section 9-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, against a person under 18 years of age,
shall be required to register for natural life. A conviction
for an offense of federal, Uniform Code of Military Justice,
sister state, or foreign country law that is substantially
equivalent to any offense listed in subsection (C-5) of this
Section shall constitute a conviction for the purpose of this
Article. This subsection (C-5) applies to a person who
committed the offense before June 1, 1996 if: (i) the person is
incarcerated in an Illinois Department of Corrections facility
on August 20, 2004 (the effective date of Public Act 93-977),
or (ii) subparagraph (i) does not apply and the person is
convicted of any felony after July 1, 2011, and paragraph (2.1)
of subsection (c) of Section 3 of this Act applies.
(C-6) A person who is convicted or adjudicated delinquent
of first degree murder as defined in Section 9-1 of the
Criminal Code of 1961 or the Criminal Code of 2012, against a
person 18 years of age or over, shall be required to register
for his or her natural life. A conviction for an offense of
federal, Uniform Code of Military Justice, sister state, or
foreign country law that is substantially equivalent to any
offense listed in subsection (C-6) of this Section shall
constitute a conviction for the purpose of this Article. This
subsection (C-6) does not apply to those individuals released
from incarceration more than 10 years prior to January 1, 2012
(the effective date of Public Act 97-154).
(D) As used in this Article, "law enforcement agency having
jurisdiction" means the Chief of Police in each of the
municipalities in which the sex offender expects to reside,
work, or attend school (1) upon his or her discharge, parole or
release or (2) during the service of his or her sentence of
probation or conditional discharge, or the Sheriff of the
county, in the event no Police Chief exists or if the offender
intends to reside, work, or attend school in an unincorporated
area. "Law enforcement agency having jurisdiction" includes
the location where out-of-state students attend school and
where out-of-state employees are employed or are otherwise
required to register.
(D-1) As used in this Article, "supervising officer" means
the assigned Illinois Department of Corrections parole agent or
county probation officer.
(E) As used in this Article, "sexual predator" means any
person who, after July 1, 1999, is:
(1) Convicted for an offense of federal, Uniform Code
of Military Justice, sister state, or foreign country law
that is substantially equivalent to any offense listed in
subsection (E) or (E-5) of this Section shall constitute a
conviction for the purpose of this Article. Convicted of a
violation or attempted violation of any of the following
Sections of the Criminal Code of 1961 or the Criminal Code
of 2012:
10-5.1 (luring of a minor),
11-14.4 that involves keeping a place of juvenile
prostitution, or 11-17.1 (keeping a place of juvenile
prostitution),
subdivision (a)(2) or (a)(3) of Section 11-14.4,
or Section 11-19.1 (juvenile pimping),
subdivision (a)(4) of Section 11-14.4, or Section
11-19.2 (exploitation of a child),
11-20.1 (child pornography),
11-20.1B or 11-20.3 (aggravated child
pornography),
11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual
assault),
11-1.40 or 12-14.1 (predatory criminal sexual
assault of a child),
11-1.60 or 12-16 (aggravated criminal sexual
abuse),
12-33 (ritualized abuse of a child);
(2) (blank);
(3) declared as a sexually dangerous person pursuant to
the Sexually Dangerous Persons Act or any substantially
similar federal, Uniform Code of Military Justice, sister
state, or foreign country law;
(4) found to be a sexually violent person pursuant to
the Sexually Violent Persons Commitment Act or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law;
(5) convicted of a second or subsequent offense which
requires registration pursuant to this Act. For purposes of
this paragraph (5), "convicted" shall include a conviction
under any substantially similar Illinois, federal, Uniform
Code of Military Justice, sister state, or foreign country
law;
(6) (blank); or
(7) if the person was convicted of an offense set forth
in this subsection (E) on or before July 1, 1999, the
person is a sexual predator for whom registration is
required only when the person is convicted of a felony
offense after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(E-5) As used in this Article, "sexual predator" also means
a person convicted of a violation or attempted violation of any
of the following Sections of the Criminal Code of 1961 or the
Criminal Code of 2012:
(1) Section 9-1 (first degree murder, when the victim
was a person under 18 years of age and the defendant was at
least 17 years of age at the time of the commission of the
offense, provided the offense was sexually motivated as
defined in Section 10 of the Sex Offender Management Board
Act);
(2) Section 11-9.5 (sexual misconduct with a person
with a disability);
(3) when the victim is a person under 18 years of age,
the defendant is not a parent of the victim, the offense
was sexually motivated as defined in Section 10 of the Sex
Offender Management Board Act, and the offense was
committed on or after January 1, 1996: (A) Section 10-1
(kidnapping), (B) Section 10-2 (aggravated kidnapping),
(C) Section 10-3 (unlawful restraint), and (D) Section
10-3.1 (aggravated unlawful restraint); and
(4) Section 10-5(b)(10) (child abduction committed by
luring or attempting to lure a child under the age of 16
into a motor vehicle, building, house trailer, or dwelling
place without the consent of the parent or lawful custodian
of the child for other than a lawful purpose and the
offense was committed on or after January 1, 1998, provided
the offense was sexually motivated as defined in Section 10
of the Sex Offender Management Board Act).
(E-10) As used in this Article, "sexual predator" also
means a person required to register in another State due to a
conviction, adjudication or other action of any court
triggering an obligation to register as a sex offender, sexual
predator, or substantially similar status under the laws of
that State.
(F) As used in this Article, "out-of-state student" means
any sex offender, as defined in this Section, or sexual
predator who is enrolled in Illinois, on a full-time or
part-time basis, in any public or private educational
institution, including, but not limited to, any secondary
school, trade or professional institution, or institution of
higher learning.
(G) As used in this Article, "out-of-state employee" means
any sex offender, as defined in this Section, or sexual
predator who works in Illinois, regardless of whether the
individual receives payment for services performed, for a
period of time of 10 or more days or for an aggregate period of
time of 30 or more days during any calendar year. Persons who
operate motor vehicles in the State accrue one day of
employment time for any portion of a day spent in Illinois.
(H) As used in this Article, "school" means any public or
private educational institution, including, but not limited
to, any elementary or secondary school, trade or professional
institution, or institution of higher education.
(I) As used in this Article, "fixed residence" means any
and all places that a sex offender resides for an aggregate
period of time of 5 or more days in a calendar year.
(J) As used in this Article, "Internet protocol address"
means the string of numbers by which a location on the Internet
is identified by routers or other computers connected to the
Internet.
(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11;
96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;
97-1073, eff. 1-1-13; 97-1098, eff. 1-1-13; 97-1109, eff.
1-1-13; 97-1150, eff. 1-25-13.)
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