Bill Text: IL SB1321 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Enrolled.html
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-Enrolled.html
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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 Sex Offender Management Board Act is amended | ||||||
5 | by changing Section 10 as follows:
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6 | (20 ILCS 4026/10)
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7 | Sec. 10. Definitions. In this Act, unless the context | ||||||
8 | otherwise
requires:
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9 | (a) "Board" means the Sex Offender Management Board created | ||||||
10 | in Section 15.
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11 | (b) "Sex offender" means any person who is convicted or | ||||||
12 | found delinquent in
the State of Illinois, or under any | ||||||
13 | substantially similar federal law or
law of another state, of | ||||||
14 | any sex offense or attempt of a sex offense as defined
in
| ||||||
15 | subsection (c) of this Section, or any former statute of this | ||||||
16 | State that
defined a felony sex offense, or who has been | ||||||
17 | declared as a sexually dangerous
person under the Sexually | ||||||
18 | Dangerous Persons Act or declared a sexually
violent person | ||||||
19 | under the Sexually Violent Persons Commitment Act, or any
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20 | substantially similar
federal law or law of another state.
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21 | (c) "Sex offense" means any felony or misdemeanor offense | ||||||
22 | described in this
subsection (c) as follows:
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23 | (1) Indecent solicitation of a child, in violation of |
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1 | Section 11-6 of the
Criminal Code of 1961 or the Criminal | ||||||
2 | Code of 2012;
| ||||||
3 | (2) Indecent solicitation of an adult, in violation of | ||||||
4 | Section 11-6.5 of
the Criminal Code of 1961 or the Criminal | ||||||
5 | Code of 2012;
| ||||||
6 | (3) Public indecency, in violation of Section 11-9 or | ||||||
7 | 11-30 of the Criminal Code of
1961 or the Criminal Code of | ||||||
8 | 2012;
| ||||||
9 | (4) Sexual exploitation of a child, in violation of | ||||||
10 | Section 11-9.1 of the
Criminal Code of 1961 or the Criminal | ||||||
11 | Code of 2012;
| ||||||
12 | (5) Sexual relations within families, in violation of | ||||||
13 | Section 11-11 of the
Criminal Code of 1961 or the Criminal | ||||||
14 | Code of 2012;
| ||||||
15 | (6) Promoting juvenile prostitution or soliciting for | ||||||
16 | a juvenile prostitute, in violation of Section 11-14.4 or | ||||||
17 | 11-15.1
of
the Criminal Code of 1961 or the Criminal Code | ||||||
18 | of 2012;
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19 | (7) Promoting juvenile prostitution or keeping a place | ||||||
20 | of juvenile prostitution, in violation of Section
11-14.4 | ||||||
21 | or 11-17.1 of the Criminal Code of 1961 or the Criminal | ||||||
22 | Code of 2012;
| ||||||
23 | (8) Patronizing a juvenile prostitute, in violation of | ||||||
24 | Section 11-18.1 of
the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012;
| ||||||
26 | (9) Promoting juvenile prostitution or juvenile |
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| |||||||
1 | pimping, in violation of Section 11-14.4 or 11-19.1 of the | ||||||
2 | Criminal
Code
of 1961 or the Criminal Code of 2012;
| ||||||
3 | (10) promoting juvenile prostitution or exploitation | ||||||
4 | of a child, in violation of Section 11-14.4 or 11-19.2 of | ||||||
5 | the
Criminal Code of 1961 or the Criminal Code of 2012;
| ||||||
6 | (11) Child pornography, in violation of Section | ||||||
7 | 11-20.1 of the Criminal
Code
of 1961 or the Criminal Code | ||||||
8 | of 2012;
| ||||||
9 | (11.5) Aggravated child pornography, in violation of | ||||||
10 | Section 11-20.1B or 11-20.3 of the Criminal Code of 1961; | ||||||
11 | (12) Harmful material, in violation of Section 11-21 of | ||||||
12 | the Criminal Code
of
1961 or the Criminal Code of 2012;
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13 | (13) Criminal sexual assault, in violation of Section | ||||||
14 | 11-1.20 or 12-13 of the
Criminal
Code of 1961 or the | ||||||
15 | Criminal Code of 2012;
| ||||||
16 | (13.5) Grooming, in violation of Section 11-25 of the | ||||||
17 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
18 | (14) Aggravated criminal sexual assault, in violation | ||||||
19 | of Section 11-1.30 or 12-14 of
the Criminal Code of 1961 or | ||||||
20 | the Criminal Code of 2012;
| ||||||
21 | (14.5) Traveling to meet a minor or traveling to meet a | ||||||
22 | child , in violation of Section 11-26 of the Criminal Code | ||||||
23 | of
1961 or the Criminal Code of 2012; | ||||||
24 | (15) Predatory criminal sexual assault of a child, in | ||||||
25 | violation of Section
11-1.40 or 12-14.1 of the Criminal | ||||||
26 | Code of 1961 or the Criminal Code of 2012;
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1 | (16) Criminal sexual abuse, in violation of Section | ||||||
2 | 11-1.50 or 12-15 of the Criminal
Code of 1961 or the | ||||||
3 | Criminal Code of 2012;
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4 | (17) Aggravated criminal sexual abuse, in violation of | ||||||
5 | Section 11-1.60 or 12-16 of
the
Criminal Code of 1961 or | ||||||
6 | the Criminal Code of 2012;
| ||||||
7 | (18) Ritualized abuse of a child, in violation of | ||||||
8 | Section 12-33 of the
Criminal Code of 1961 or the Criminal | ||||||
9 | Code of 2012;
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10 | (19) An attempt to commit any of the offenses | ||||||
11 | enumerated in this
subsection
(c); or
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12 | (20) Any felony offense under Illinois law that is | ||||||
13 | sexually motivated.
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14 | (d) "Management" means treatment, and supervision of any | ||||||
15 | sex
offender that conforms to the standards created by the | ||||||
16 | Board under
Section 15.
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17 | (e) "Sexually motivated" means one or more of the facts of | ||||||
18 | the underlying
offense indicates conduct that is of a sexual | ||||||
19 | nature or that shows an intent to
engage in behavior of a | ||||||
20 | sexual nature.
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21 | (f) "Sex offender evaluator" means a person licensed under | ||||||
22 | the Sex Offender Evaluation and Treatment Provider Act to | ||||||
23 | conduct sex offender evaluations. | ||||||
24 | (g) "Sex offender treatment provider" means a person | ||||||
25 | licensed under the Sex Offender Evaluation and Treatment | ||||||
26 | Provider Act to provide sex offender treatment services. |
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1 | (h) "Associate sex offender provider" means a person | ||||||
2 | licensed under the Sex Offender Evaluation and Treatment | ||||||
3 | Provider Act to provide sex offender evaluations and to provide | ||||||
4 | sex offender treatment under the supervision of a licensed sex | ||||||
5 | offender evaluator or a licensed sex offender treatment | ||||||
6 | provider. | ||||||
7 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1098, eff. 1-1-13; | ||||||
8 | 97-1150, eff. 1-25-13.)
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9 | Section 10. The Criminal Code of 2012 is amended by | ||||||
10 | changing Sections 11-9.3, 11-25, and 11-26 as follows:
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11 | (720 ILCS 5/11-9.3)
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12 | Sec. 11-9.3. Presence within school zone by child sex
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13 | offenders prohibited; approaching, contacting, residing with, | ||||||
14 | or communicating with a child within certain places by child | ||||||
15 | sex offenders prohibited.
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16 | (a) It is unlawful for a child sex offender to knowingly be | ||||||
17 | present in any
school building, on real property comprising any | ||||||
18 | school, or in any conveyance
owned, leased, or contracted by a | ||||||
19 | school to transport students to or from
school or a school | ||||||
20 | related activity when persons under the age of 18 are
present | ||||||
21 | in the building, on the grounds or in
the conveyance, unless | ||||||
22 | the offender is a parent or guardian of a student attending the | ||||||
23 | school and the parent or guardian is: (i) attending a | ||||||
24 | conference at the school with school personnel to discuss the |
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1 | progress of his or her child academically or socially, (ii) | ||||||
2 | participating in child review conferences in which evaluation | ||||||
3 | and placement decisions may be made with respect to his or her | ||||||
4 | child regarding special education services, or (iii) attending | ||||||
5 | conferences to discuss other student issues concerning his or | ||||||
6 | her child such as retention and promotion and notifies the | ||||||
7 | principal of the school of his or her presence at the school or | ||||||
8 | unless the
offender has permission to be present from the
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9 | superintendent or the school board or in the case of a private | ||||||
10 | school from the
principal. In the case of a public school, if | ||||||
11 | permission is granted, the
superintendent or school board | ||||||
12 | president must inform the principal of the
school where the sex | ||||||
13 | offender will be present. Notification includes the
nature of | ||||||
14 | the sex offender's visit and the hours in which the sex | ||||||
15 | offender will
be present in the school. The sex offender is | ||||||
16 | responsible for notifying the
principal's office when he or she | ||||||
17 | arrives on school property and when he or she
departs from | ||||||
18 | school property. If the sex offender is to be present in the
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19 | vicinity of children, the sex offender has the duty to remain | ||||||
20 | under the direct
supervision of a school official.
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21 | (a-5) It is unlawful for a child sex offender to knowingly | ||||||
22 | be present within 100 feet of a site posted as a pick-up or | ||||||
23 | discharge stop for a conveyance owned, leased, or contracted by | ||||||
24 | a school to transport students to or from school or a school | ||||||
25 | related activity when one or more persons under the age of 18 | ||||||
26 | are present at the site.
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1 | (a-10) It is unlawful for a child sex offender to knowingly | ||||||
2 | be present in any
public park building, a playground or | ||||||
3 | recreation area within any publicly accessible privately owned | ||||||
4 | building, or on real property comprising any public park
when | ||||||
5 | persons under the age of
18 are
present in the building or on | ||||||
6 | the grounds
and to approach, contact, or communicate with a | ||||||
7 | child under 18 years of
age,
unless the
offender
is a parent or | ||||||
8 | guardian of a person under 18 years of age present in the
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9 | building or on the
grounds. | ||||||
10 | (b) It is unlawful for a child sex offender to knowingly | ||||||
11 | loiter within 500 feet of a school building or real property | ||||||
12 | comprising any school
while persons under the age of 18 are | ||||||
13 | present in the building or on the
grounds,
unless the offender | ||||||
14 | is a parent or guardian of a student attending the school and | ||||||
15 | the parent or guardian is: (i) attending a conference at the | ||||||
16 | school with school personnel to discuss the progress of his or | ||||||
17 | her child academically or socially, (ii) participating in child | ||||||
18 | review conferences in which evaluation and placement decisions | ||||||
19 | may be made with respect to his or her child regarding special | ||||||
20 | education services, or (iii) attending conferences to discuss | ||||||
21 | other student issues concerning his or her child such as | ||||||
22 | retention and promotion and notifies the principal of the | ||||||
23 | school of his or her presence at the school or has permission | ||||||
24 | to be present from the
superintendent or the school board or in | ||||||
25 | the case of a private school from the
principal. In the case of | ||||||
26 | a public school, if permission is granted, the
superintendent |
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1 | or school board president must inform the principal of the
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2 | school where the sex offender will be present. Notification | ||||||
3 | includes the
nature of the sex offender's visit and the hours | ||||||
4 | in which the sex offender will
be present in the school. The | ||||||
5 | sex offender is responsible for notifying the
principal's | ||||||
6 | office when he or she arrives on school property and when he or | ||||||
7 | she
departs from school property. If the sex offender is to be | ||||||
8 | present in the
vicinity of children, the sex offender has the | ||||||
9 | duty to remain under the direct
supervision of a school | ||||||
10 | official.
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11 | (b-2) It is unlawful for a child sex offender to knowingly | ||||||
12 | loiter on a public
way within 500 feet of a public park | ||||||
13 | building or real property comprising any
public park while | ||||||
14 | persons under the age of 18 are present in the building or on | ||||||
15 | the
grounds
and to approach, contact, or communicate with a | ||||||
16 | child under 18 years of
age,
unless the offender
is a parent or | ||||||
17 | guardian of a person under 18 years of age present in the
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18 | building or on the grounds. | ||||||
19 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
20 | reside within
500 feet of a school building or the real | ||||||
21 | property comprising any school that
persons under the age of 18 | ||||||
22 | attend. Nothing in this subsection (b-5) prohibits
a child sex | ||||||
23 | offender from residing within 500 feet of a school building or | ||||||
24 | the
real property comprising any school that persons under 18 | ||||||
25 | attend if the
property is owned by the child sex offender and | ||||||
26 | was purchased before July 7, 2000 (the
effective date of Public |
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1 | Act 91-911).
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2 | (b-10) It is unlawful for a child sex offender to knowingly | ||||||
3 | reside within
500 feet of a playground, child care institution, | ||||||
4 | day care center, part day child care facility, day care home, | ||||||
5 | group day care home, or a facility providing programs or | ||||||
6 | services
exclusively directed toward persons under 18 years of | ||||||
7 | age. Nothing in this
subsection (b-10) prohibits a child sex | ||||||
8 | offender from residing within 500 feet
of a playground or a | ||||||
9 | facility providing programs or services exclusively
directed | ||||||
10 | toward persons under 18 years of age if the property is owned | ||||||
11 | by the
child sex offender and was purchased before July 7, | ||||||
12 | 2000. Nothing in this
subsection (b-10) prohibits a child sex | ||||||
13 | offender from residing within 500 feet
of a child care | ||||||
14 | institution, day care center, or part day child care facility | ||||||
15 | if the property is owned by the
child sex offender and was | ||||||
16 | purchased before June 26, 2006. Nothing in this subsection | ||||||
17 | (b-10) prohibits a child sex offender from residing within 500 | ||||||
18 | feet of a day care home or group day care home if the property | ||||||
19 | is owned by the child sex offender and was purchased before | ||||||
20 | August 14, 2008 (the effective date of Public Act 95-821). | ||||||
21 | (b-15) It is unlawful for a child sex offender to knowingly | ||||||
22 | reside within
500 feet of the victim of the sex offense. | ||||||
23 | Nothing in this
subsection (b-15) prohibits a child sex | ||||||
24 | offender from residing within 500 feet
of the victim if the | ||||||
25 | property in which the child sex offender resides is owned by | ||||||
26 | the
child sex offender and was purchased before August 22, |
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1 | 2002. | ||||||
2 | This subsection (b-15) does not apply if the victim of the | ||||||
3 | sex offense
is 21 years of age or older. | ||||||
4 | (b-20) It is unlawful for a child sex offender to knowingly | ||||||
5 | communicate, other than for a lawful purpose under Illinois | ||||||
6 | law, using the Internet or any other digital media, with a | ||||||
7 | person under 18 years of age or with a person whom he or she | ||||||
8 | believes to be a person under 18 years of age,
unless the | ||||||
9 | offender
is a parent or guardian of the person under 18 years | ||||||
10 | of age. | ||||||
11 | (c) It is unlawful for a child sex offender to knowingly | ||||||
12 | operate, manage,
be employed by, volunteer at, be associated | ||||||
13 | with, or knowingly be present at
any: (i) facility providing
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14 | programs or services exclusively directed toward persons under | ||||||
15 | the age of 18; (ii) day care center; (iii) part day child care | ||||||
16 | facility; (iv) child care institution; (v) school providing | ||||||
17 | before and after school programs for children under 18 years of | ||||||
18 | age; (vi) day care home; or (vii) group day care home.
This | ||||||
19 | does not prohibit a child sex offender from owning the real | ||||||
20 | property upon
which the programs or services are offered or | ||||||
21 | upon which the day care center, part day child care facility, | ||||||
22 | child care institution, or school providing before and after | ||||||
23 | school programs for children under 18 years of age is located, | ||||||
24 | provided the child sex offender
refrains from being present on | ||||||
25 | the premises for the hours during which: (1) the
programs or | ||||||
26 | services are being offered or (2) the day care center, part day |
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1 | child care facility, child care institution, or school | ||||||
2 | providing before and after school programs for children under | ||||||
3 | 18 years of age, day care home, or group day care home is | ||||||
4 | operated. | ||||||
5 | (c-2) It is unlawful for a child sex offender to | ||||||
6 | participate in a holiday event involving children under 18 | ||||||
7 | years of age, including but not limited to distributing candy | ||||||
8 | or other items to children on Halloween, wearing a Santa Claus | ||||||
9 | costume on or preceding Christmas, being employed as a | ||||||
10 | department store Santa Claus, or wearing an Easter Bunny | ||||||
11 | costume on or preceding Easter. For the purposes of this | ||||||
12 | subsection, child sex offender has the meaning as defined in | ||||||
13 | this Section, but does not include as a sex offense under | ||||||
14 | paragraph (2) of subsection (d) of this Section, the offense | ||||||
15 | under subsection (c) of Section 11-1.50 of this Code. This | ||||||
16 | subsection does not apply to a child sex offender who is a | ||||||
17 | parent or guardian of children under 18 years of age that are | ||||||
18 | present in the home and other non-familial minors are not | ||||||
19 | present. | ||||||
20 | (c-5) It is unlawful for a child sex offender to knowingly | ||||||
21 | operate, manage, be employed by, or be associated with any | ||||||
22 | county fair when persons under the age of 18 are present. | ||||||
23 | (c-6) It is unlawful for a child sex offender who owns and | ||||||
24 | resides at residential real estate to knowingly rent any | ||||||
25 | residential unit within the same building in which he or she | ||||||
26 | resides to a person who is the parent or guardian of a child or |
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1 | children under 18 years of age. This subsection shall apply | ||||||
2 | only to leases or other rental arrangements entered into after | ||||||
3 | January 1, 2009 (the effective date of Public Act 95-820). | ||||||
4 | (c-7) It is unlawful for a child sex offender to knowingly | ||||||
5 | offer or provide any programs or services to persons under 18 | ||||||
6 | years of age in his or her residence or the residence of | ||||||
7 | another or in any facility for the purpose of offering or | ||||||
8 | providing such programs or services, whether such programs or | ||||||
9 | services are offered or provided by contract, agreement, | ||||||
10 | arrangement, or on a volunteer basis. | ||||||
11 | (c-8) It is unlawful for a child sex offender to knowingly | ||||||
12 | operate, whether authorized to do so or not, any of the | ||||||
13 | following vehicles: (1) a vehicle which is specifically | ||||||
14 | designed, constructed or modified and equipped to be used for | ||||||
15 | the retail sale of food or beverages, including but not limited | ||||||
16 | to an ice cream truck; (2) an authorized emergency vehicle; or | ||||||
17 | (3) a rescue vehicle. | ||||||
18 | (d) Definitions. In this Section:
| ||||||
19 | (1) "Child sex offender" means any person who:
| ||||||
20 | (i) has been charged under Illinois law, or any | ||||||
21 | substantially similar
federal law
or law of another | ||||||
22 | state, with a sex offense set forth in
paragraph (2) of | ||||||
23 | this subsection (d) or the attempt to commit an | ||||||
24 | included sex
offense, and the victim is a person under | ||||||
25 | 18 years of age at the time of the offense; and:
| ||||||
26 | (A) is convicted of such offense or an attempt |
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1 | to commit such offense;
or
| ||||||
2 | (B) is found not guilty by reason of insanity | ||||||
3 | of such offense or an
attempt to commit such | ||||||
4 | offense; or
| ||||||
5 | (C) is found not guilty by reason of insanity | ||||||
6 | pursuant to subsection
(c) of Section 104-25 of the | ||||||
7 | Code of Criminal Procedure of 1963 of such offense
| ||||||
8 | or an attempt to commit such offense; or
| ||||||
9 | (D) is the subject of a finding not resulting | ||||||
10 | in an acquittal at a
hearing conducted pursuant to | ||||||
11 | subsection (a) of Section 104-25 of the Code of
| ||||||
12 | Criminal Procedure of 1963 for the alleged | ||||||
13 | commission or attempted commission
of such | ||||||
14 | offense; or
| ||||||
15 | (E) is found not guilty by reason of insanity | ||||||
16 | following a hearing
conducted pursuant to a | ||||||
17 | federal law or the law of another state | ||||||
18 | substantially
similar to subsection (c) of Section | ||||||
19 | 104-25 of the Code of Criminal Procedure
of 1963 of | ||||||
20 | such offense or of the attempted commission of such | ||||||
21 | offense; or
| ||||||
22 | (F) is the subject of a finding not resulting | ||||||
23 | in an acquittal at a
hearing
conducted pursuant to | ||||||
24 | a federal law or the law of another state | ||||||
25 | substantially
similar to subsection (a) of Section | ||||||
26 | 104-25 of the Code of Criminal Procedure
of 1963 |
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| |||||||
1 | for the alleged violation or attempted commission | ||||||
2 | of such offense; or
| ||||||
3 | (ii) is certified as a sexually dangerous person | ||||||
4 | pursuant to the
Illinois
Sexually Dangerous Persons | ||||||
5 | Act, or any substantially similar federal
law or the | ||||||
6 | law of another state, when any conduct giving rise to | ||||||
7 | such
certification is committed or attempted against a | ||||||
8 | person less than 18 years of
age; or
| ||||||
9 | (iii) is subject to the provisions of Section 2 of | ||||||
10 | the Interstate
Agreements on Sexually Dangerous | ||||||
11 | Persons Act.
| ||||||
12 | Convictions that result from or are connected with the | ||||||
13 | same act, or result
from offenses committed at the same | ||||||
14 | time, shall be counted for the purpose of
this Section as | ||||||
15 | one conviction. Any conviction set aside pursuant to law is
| ||||||
16 | not a conviction for purposes of this Section.
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17 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
18 | "sex offense"
means:
| ||||||
19 | (i) A violation of any of the following Sections of | ||||||
20 | the Criminal Code of
1961 or the Criminal Code of 2012: | ||||||
21 | 10-4 (forcible detention), 10-7 (aiding or abetting | ||||||
22 | child abduction under Section 10-5(b)(10)),
| ||||||
23 | 10-5(b)(10) (child luring), 11-1.40 (predatory | ||||||
24 | criminal sexual assault of a child), 11-6 (indecent | ||||||
25 | solicitation of a child), 11-6.5
(indecent | ||||||
26 | solicitation of an adult),
11-9.1 (sexual exploitation |
| |||||||
| |||||||
1 | of a child), 11-9.2 (custodial sexual misconduct), | ||||||
2 | 11-9.5 (sexual misconduct with a person with a | ||||||
3 | disability), 11-11 (sexual relations within families), | ||||||
4 | 11-14.3(a)(1) (promoting prostitution by advancing | ||||||
5 | prostitution), 11-14.3(a)(2)(A) (promoting | ||||||
6 | prostitution by profiting from prostitution by | ||||||
7 | compelling a person to be a prostitute), | ||||||
8 | 11-14.3(a)(2)(C) (promoting prostitution by profiting | ||||||
9 | from prostitution by means other than as described in | ||||||
10 | subparagraphs (A) and (B) of paragraph (2) of | ||||||
11 | subsection (a) of Section 11-14.3), 11-14.4 (promoting | ||||||
12 | juvenile prostitution), 11-18.1
(patronizing a | ||||||
13 | juvenile prostitute), 11-20.1 (child pornography), | ||||||
14 | 11-20.1B (aggravated child pornography), 11-21 | ||||||
15 | (harmful
material), 11-25 (grooming), 11-26 (traveling | ||||||
16 | to meet a minor or traveling to meet a child ), 12-33 | ||||||
17 | (ritualized abuse of a
child), 11-20 (obscenity) (when | ||||||
18 | that offense was committed in any school, on
real | ||||||
19 | property comprising any school, in any conveyance | ||||||
20 | owned,
leased, or contracted by a school to transport | ||||||
21 | students to or from school or a
school related | ||||||
22 | activity, or in a public park), 11-30 (public | ||||||
23 | indecency) (when committed in a school, on real | ||||||
24 | property
comprising a school, in any conveyance owned, | ||||||
25 | leased, or contracted by a
school to transport students | ||||||
26 | to or from school or a school related activity, or in a |
| |||||||
| |||||||
1 | public park). An attempt to commit any of these | ||||||
2 | offenses.
| ||||||
3 | (ii) A violation of any of the following Sections | ||||||
4 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
5 | 2012, when the victim is a person under 18 years of | ||||||
6 | age: 11-1.20 (criminal
sexual assault), 11-1.30 | ||||||
7 | (aggravated criminal sexual assault), 11-1.50 | ||||||
8 | (criminal
sexual abuse), 11-1.60 (aggravated criminal | ||||||
9 | sexual abuse). An attempt to commit
any of these | ||||||
10 | offenses.
| ||||||
11 | (iii) A violation of any of the following Sections | ||||||
12 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
13 | 2012, when the victim is a person under 18 years of age | ||||||
14 | and the defendant is
not a parent of the victim:
| ||||||
15 | 10-1 (kidnapping),
| ||||||
16 | 10-2 (aggravated kidnapping),
| ||||||
17 | 10-3 (unlawful restraint),
| ||||||
18 | 10-3.1 (aggravated unlawful restraint),
| ||||||
19 | 11-9.1(A) (permitting sexual abuse of a child).
| ||||||
20 | An attempt to commit any of these offenses.
| ||||||
21 | (iv) A violation of any former law of this State | ||||||
22 | substantially
equivalent to any offense listed in | ||||||
23 | clause (2)(i) or (2)(ii) of subsection (d) of this
| ||||||
24 | Section.
| ||||||
25 | (2.5) For the purposes of subsections (b-5) and (b-10) | ||||||
26 | only, a sex offense means:
|
| |||||||
| |||||||
1 | (i) A violation of any of the following Sections of | ||||||
2 | the Criminal Code of
1961 or the Criminal Code of 2012:
| ||||||
3 | 10-5(b)(10) (child luring), 10-7 (aiding or | ||||||
4 | abetting child abduction
under Section 10-5(b)(10)), | ||||||
5 | 11-1.40 (predatory criminal sexual assault of a | ||||||
6 | child), 11-6 (indecent solicitation of
a
child), | ||||||
7 | 11-6.5 (indecent solicitation of an adult), 11-9.2 | ||||||
8 | (custodial sexual misconduct), 11-9.5 (sexual | ||||||
9 | misconduct with a person with a disability), 11-11 | ||||||
10 | (sexual relations within families), 11-14.3(a)(1) | ||||||
11 | (promoting prostitution by advancing prostitution), | ||||||
12 | 11-14.3(a)(2)(A) (promoting prostitution by profiting | ||||||
13 | from prostitution by compelling a person to be a | ||||||
14 | prostitute), 11-14.3(a)(2)(C) (promoting prostitution | ||||||
15 | by profiting from prostitution by means other than as | ||||||
16 | described in subparagraphs (A) and (B) of paragraph (2) | ||||||
17 | of subsection (a) of Section 11-14.3), 11-14.4 | ||||||
18 | (promoting juvenile prostitution), 11-18.1
| ||||||
19 | (patronizing a juvenile prostitute), 11-20.1 (child | ||||||
20 | pornography), 11-20.1B (aggravated child pornography), | ||||||
21 | 11-25 (grooming), 11-26 (traveling to meet a minor or | ||||||
22 | traveling to meet a child ), or 12-33 (ritualized abuse | ||||||
23 | of a
child). An attempt
to commit any of
these | ||||||
24 | offenses.
| ||||||
25 | (ii) A violation of any of the following Sections | ||||||
26 | of the Criminal Code
of 1961 or the Criminal Code of |
| |||||||
| |||||||
1 | 2012, when the victim is a person under 18 years of | ||||||
2 | age: 11-1.20 (criminal
sexual assault), 11-1.30 | ||||||
3 | (aggravated criminal sexual assault), 11-1.60
| ||||||
4 | (aggravated criminal sexual abuse), and subsection (a) | ||||||
5 | of Section 11-1.50
(criminal sexual abuse). An attempt | ||||||
6 | to commit
any of these offenses.
| ||||||
7 | (iii) A violation of any of the following Sections | ||||||
8 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
9 | 2012, when the victim is a person under 18 years of age | ||||||
10 | and the defendant is
not a parent of the victim:
| ||||||
11 | 10-1 (kidnapping),
| ||||||
12 | 10-2 (aggravated kidnapping),
| ||||||
13 | 10-3 (unlawful restraint),
| ||||||
14 | 10-3.1 (aggravated unlawful restraint),
| ||||||
15 | 11-9.1(A) (permitting sexual abuse of a child).
| ||||||
16 | An attempt to commit any of these offenses.
| ||||||
17 | (iv) A violation of any former law of this State | ||||||
18 | substantially
equivalent to any offense listed in this | ||||||
19 | paragraph (2.5) of
this subsection.
| ||||||
20 | (3) A conviction for an offense of federal law or the | ||||||
21 | law of another state
that is substantially equivalent to | ||||||
22 | any offense listed in paragraph (2) of
subsection (d) of | ||||||
23 | this Section shall constitute a conviction for the purpose | ||||||
24 | of
this Section. A finding or adjudication as a sexually | ||||||
25 | dangerous person under
any federal law or law of another | ||||||
26 | state that is substantially equivalent to the
Sexually |
| |||||||
| |||||||
1 | Dangerous Persons Act shall constitute an adjudication for | ||||||
2 | the
purposes of this Section.
| ||||||
3 | (4) "Authorized emergency vehicle", "rescue vehicle", | ||||||
4 | and "vehicle" have the meanings ascribed to them in | ||||||
5 | Sections 1-105, 1-171.8 and 1-217, respectively, of the | ||||||
6 | Illinois Vehicle Code. | ||||||
7 | (5) "Child care institution" has the meaning ascribed | ||||||
8 | to it in Section 2.06 of the Child Care Act of 1969. | ||||||
9 | (6) "Day care center" has the meaning ascribed to it in | ||||||
10 | Section 2.09 of the Child Care Act of 1969. | ||||||
11 | (7) "Day care home" has the meaning ascribed to it in | ||||||
12 | Section 2.18 of the Child Care Act of 1969. | ||||||
13 | (8) "Facility providing programs or services directed | ||||||
14 | towards persons under the age of 18" means any facility | ||||||
15 | providing programs or services exclusively directed | ||||||
16 | towards persons under the age of 18. | ||||||
17 | (9) "Group day care home" has the meaning ascribed to | ||||||
18 | it in Section 2.20 of the Child Care Act of 1969. | ||||||
19 | (10) "Internet" has the meaning set forth in Section | ||||||
20 | 16-0.1 of this Code.
| ||||||
21 | (11) "Loiter" means:
| ||||||
22 | (i) Standing, sitting idly, whether or not the | ||||||
23 | person is in a vehicle, or
remaining in or around | ||||||
24 | school or public park property.
| ||||||
25 | (ii) Standing, sitting idly, whether or not the | ||||||
26 | person is in a vehicle,
or remaining in or around |
| |||||||
| |||||||
1 | school or public park property, for the purpose of | ||||||
2 | committing or
attempting to commit a sex offense.
| ||||||
3 | (iii) Entering or remaining in a building in or | ||||||
4 | around school property, other than the offender's | ||||||
5 | residence. | ||||||
6 | (12) "Part day child care facility" has the meaning | ||||||
7 | ascribed to it in Section 2.10 of the Child Care Act of | ||||||
8 | 1969. | ||||||
9 | (13) "Playground" means a piece of land owned or | ||||||
10 | controlled by a unit
of
local government that is designated | ||||||
11 | by the unit of local government for use
solely or primarily | ||||||
12 | for children's recreation. | ||||||
13 | (14) "Public park" includes a park, forest preserve, | ||||||
14 | bikeway, trail, or
conservation
area
under the | ||||||
15 | jurisdiction of the State or a unit of local government. | ||||||
16 | (15) "School" means a public or private preschool or | ||||||
17 | elementary or secondary school.
| ||||||
18 | (16) "School official"
means the principal, a teacher, | ||||||
19 | or any other certified employee of the
school, the | ||||||
20 | superintendent of schools or a member of the school board.
| ||||||
21 | (e) For the purposes of this Section, the 500 feet distance | ||||||
22 | shall be measured from: (1) the edge of the property of the | ||||||
23 | school building or the real property comprising the school that | ||||||
24 | is closest to the edge of the property of the child sex | ||||||
25 | offender's residence or where he or she is loitering, and (2) | ||||||
26 | the edge of the property comprising the public park building or |
| |||||||
| |||||||
1 | the real property comprising the public park, playground, child | ||||||
2 | care institution, day care center, part day child care | ||||||
3 | facility, or facility providing programs or services | ||||||
4 | exclusively directed toward persons under 18 years of age, or a | ||||||
5 | victim of the sex offense who is under 21 years of age, to the | ||||||
6 | edge of the child sex offender's place of residence or place | ||||||
7 | where he or she is loitering.
| ||||||
8 | (f) Sentence. A person who violates this Section is guilty | ||||||
9 | of a Class 4
felony.
| ||||||
10 | (Source: P.A. 97-698, eff. 1-1-13; 97-699, eff. 1-1-13; | ||||||
11 | 97-1150, eff. 1-25-13; 98-266, eff. 1-1-14.)
| ||||||
12 | (720 ILCS 5/11-25) | ||||||
13 | Sec. 11-25. Grooming. | ||||||
14 | (a) A person commits grooming when he or she knowingly uses | ||||||
15 | a computer on-line service, Internet service, local bulletin | ||||||
16 | board service, or any other device capable of electronic data | ||||||
17 | storage or transmission to seduce, solicit, lure, or entice, or | ||||||
18 | attempt to seduce, solicit, lure, or entice, a child, a child's | ||||||
19 | guardian, or another person believed by the person to be a | ||||||
20 | child or a child's guardian, to commit any sex offense as | ||||||
21 | defined in Section 2 of the Sex Offender Registration Act, to | ||||||
22 | distribute photographs depicting the sex organs of the child, | ||||||
23 | or to otherwise engage in any unlawful sexual conduct with a | ||||||
24 | child or with another person believed by the person to be a | ||||||
25 | child. As used in this Section, "child" means a person under 17 |
| |||||||
| |||||||
1 | years of age. | ||||||
2 | (b) Sentence. Grooming is a Class 4 felony.
| ||||||
3 | (Source: P.A. 98-919, eff. 1-1-15 .)
| ||||||
4 | (720 ILCS 5/11-26) | ||||||
5 | Sec. 11-26. Traveling to meet a child minor . | ||||||
6 | (a) A person commits the offense of traveling to meet a | ||||||
7 | child minor when he or she travels any distance either within | ||||||
8 | this State, to this State, or from this State by any means, | ||||||
9 | attempts to do so, or causes another to do so or attempt to do | ||||||
10 | so for the purpose of engaging in any sex offense as defined in | ||||||
11 | Section 2 of the Sex Offender Registration Act, or to otherwise | ||||||
12 | engage in other unlawful sexual conduct with a child or with | ||||||
13 | another person believed by the person to be a child after using | ||||||
14 | a computer on-line service, Internet service, local bulletin | ||||||
15 | board service, or any other device capable of electronic data | ||||||
16 | storage or transmission to seduce, solicit, lure, or entice, or | ||||||
17 | to attempt to seduce, solicit, lure, or entice, a child or a | ||||||
18 | child's guardian, or another person believed by the person to | ||||||
19 | be a child or a child's guardian, for such purpose. As used in | ||||||
20 | this Section, "child" means a person under 17 years of age. | ||||||
21 | (b) Sentence. Traveling to meet a child minor is a Class 3 | ||||||
22 | felony.
| ||||||
23 | (Source: P.A. 95-901, eff. 1-1-09.)
| ||||||
24 | Section 15. The Sex Offender Registration Act is amended by |
| |||||||
| |||||||
1 | changing Section 2 as follows:
| ||||||
2 | (730 ILCS 150/2) (from Ch. 38, par. 222)
| ||||||
3 | Sec. 2. Definitions.
| ||||||
4 | (A) As used in this Article, "sex offender" means any | ||||||
5 | person who is:
| ||||||
6 | (1) charged pursuant to Illinois law, or any | ||||||
7 | substantially similar
federal, Uniform Code of Military | ||||||
8 | Justice, sister state, or foreign country
law,
with a sex | ||||||
9 | offense set forth
in subsection (B) of this Section or the | ||||||
10 | attempt to commit an included sex
offense, and:
| ||||||
11 | (a) is convicted of such offense or an attempt to | ||||||
12 | commit such offense;
or
| ||||||
13 | (b) is found not guilty by reason of insanity of | ||||||
14 | such offense or an
attempt to commit such offense; or
| ||||||
15 | (c) is found not guilty by reason of insanity | ||||||
16 | pursuant to Section
104-25(c) of the Code of Criminal | ||||||
17 | Procedure of 1963 of such offense or an
attempt to | ||||||
18 | commit such offense; or
| ||||||
19 | (d) is the subject of a finding not resulting in an | ||||||
20 | acquittal at a
hearing conducted pursuant to Section | ||||||
21 | 104-25(a) of the Code of Criminal
Procedure of 1963 for | ||||||
22 | the alleged commission or attempted commission of such
| ||||||
23 | offense; or
| ||||||
24 | (e) is found not guilty by reason of insanity | ||||||
25 | following a hearing
conducted pursuant to a federal, |
| |||||||
| |||||||
1 | Uniform Code of Military Justice, sister
state, or | ||||||
2 | foreign country law
substantially similar to Section | ||||||
3 | 104-25(c) of the Code of Criminal Procedure
of 1963 of | ||||||
4 | such offense or of the attempted commission of such | ||||||
5 | offense; or
| ||||||
6 | (f) is the subject of a finding not resulting in an | ||||||
7 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
8 | Uniform Code of Military Justice,
sister state, or | ||||||
9 | foreign country law
substantially similar to Section | ||||||
10 | 104-25(a) of the Code of Criminal Procedure
of 1963 for | ||||||
11 | the alleged violation or attempted commission of such | ||||||
12 | offense;
or
| ||||||
13 | (2) declared as a sexually dangerous person pursuant to | ||||||
14 | the Illinois
Sexually Dangerous Persons Act, or any | ||||||
15 | substantially similar federal, Uniform
Code of Military | ||||||
16 | Justice, sister
state, or foreign country law; or
| ||||||
17 | (3) subject to the provisions of Section 2 of the | ||||||
18 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
19 | or
| ||||||
20 | (4) found to be a sexually violent person pursuant to | ||||||
21 | the Sexually
Violent Persons Commitment Act or any | ||||||
22 | substantially similar federal, Uniform
Code of Military | ||||||
23 | Justice, sister
state, or foreign country law; or
| ||||||
24 | (5) adjudicated a juvenile delinquent as the result of | ||||||
25 | committing or
attempting to commit an act which, if | ||||||
26 | committed by an adult, would constitute
any of the offenses |
| |||||||
| |||||||
1 | specified in item (B), (C), or (C-5) of this Section or a
| ||||||
2 | violation of any substantially similar federal, Uniform | ||||||
3 | Code of Military
Justice, sister state, or foreign
country | ||||||
4 | law, or found guilty under Article V of the Juvenile Court | ||||||
5 | Act of 1987
of committing or attempting to commit an act | ||||||
6 | which, if committed by an adult,
would constitute any of | ||||||
7 | the offenses specified in item (B), (C), or (C-5) of
this | ||||||
8 | Section or a violation of any substantially similar | ||||||
9 | federal, Uniform Code
of Military Justice, sister state,
or | ||||||
10 | foreign country law.
| ||||||
11 | Convictions that result from or are connected with the same | ||||||
12 | act, or result
from offenses committed at the same time, shall | ||||||
13 | be counted for the purpose of
this Article as one conviction. | ||||||
14 | Any conviction set aside pursuant to law is
not a conviction | ||||||
15 | for purposes of this Article.
| ||||||
16 |
For purposes of this Section, "convicted" shall have the | ||||||
17 | same meaning as
"adjudicated".
| ||||||
18 | (B) As used in this Article, "sex offense" means:
| ||||||
19 | (1) A violation of any of the following Sections of the | ||||||
20 | Criminal Code of
1961 or the Criminal Code of 2012:
| ||||||
21 | 11-20.1 (child pornography),
| ||||||
22 | 11-20.1B or 11-20.3 (aggravated child | ||||||
23 | pornography),
| ||||||
24 | 11-6 (indecent solicitation of a child),
| ||||||
25 | 11-9.1 (sexual exploitation of a child),
| ||||||
26 | 11-9.2 (custodial sexual misconduct),
|
| |||||||
| |||||||
1 | 11-9.5 (sexual misconduct with a person with a | ||||||
2 | disability), | ||||||
3 | 11-14.4 (promoting juvenile prostitution),
| ||||||
4 | 11-15.1 (soliciting for a juvenile prostitute),
| ||||||
5 | 11-18.1 (patronizing a juvenile prostitute),
| ||||||
6 | 11-17.1 (keeping a place of juvenile | ||||||
7 | prostitution),
| ||||||
8 | 11-19.1 (juvenile pimping),
| ||||||
9 | 11-19.2 (exploitation of a child),
| ||||||
10 | 11-25 (grooming), | ||||||
11 | 11-26 (traveling to meet a minor or traveling to | ||||||
12 | meet a child ),
| ||||||
13 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
14 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
15 | assault),
| ||||||
16 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
17 | assault of a child),
| ||||||
18 | 11-1.50 or 12-15 (criminal sexual abuse),
| ||||||
19 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
20 | abuse),
| ||||||
21 | 12-33 (ritualized abuse of a child).
| ||||||
22 | An attempt to commit any of these offenses.
| ||||||
23 | (1.5)
A violation of any of the following Sections of | ||||||
24 | the
Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
25 | when the victim is a person under 18 years of age, the
| ||||||
26 | defendant is not a parent of the victim, the offense was |
| |||||||
| |||||||
1 | sexually motivated as defined in Section 10 of the Sex | ||||||
2 | Offender Evaluation and Treatment Act, and the offense was | ||||||
3 | committed on or
after January 1, 1996:
| ||||||
4 | 10-1 (kidnapping),
| ||||||
5 | 10-2 (aggravated kidnapping),
| ||||||
6 | 10-3 (unlawful restraint),
| ||||||
7 | 10-3.1 (aggravated unlawful restraint).
| ||||||
8 | If the offense was committed before January 1, 1996, it | ||||||
9 | is a sex offense requiring registration only when the | ||||||
10 | person is convicted of any felony after July 1, 2011, and | ||||||
11 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
12 | applies.
| ||||||
13 | (1.6)
First degree murder under Section 9-1 of the | ||||||
14 | Criminal Code of 1961 or the Criminal Code of 2012,
| ||||||
15 | provided the offense was sexually motivated as defined in | ||||||
16 | Section 10 of the Sex Offender Management Board Act.
| ||||||
17 | (1.7) (Blank).
| ||||||
18 | (1.8) A violation or attempted violation of Section | ||||||
19 | 11-11 (sexual
relations within families) of the Criminal | ||||||
20 | Code of 1961 or the Criminal Code of 2012, and the offense | ||||||
21 | was committed on or after
June 1, 1997. If the offense was | ||||||
22 | committed before June 1, 1997, it is a sex offense | ||||||
23 | requiring registration only when the person is convicted of | ||||||
24 | any felony after July 1, 2011, and paragraph (2.1) of | ||||||
25 | subsection (c) of Section 3 of this Act applies.
| ||||||
26 | (1.9) Child abduction under paragraph (10) of |
| |||||||
| |||||||
1 | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | ||||||
2 | or the Criminal Code of 2012 committed by luring or
| ||||||
3 | attempting to lure a child under the age of 16 into a motor | ||||||
4 | vehicle, building,
house trailer, or dwelling place | ||||||
5 | without the consent of the parent or lawful
custodian of | ||||||
6 | the child for other than a lawful purpose and the offense | ||||||
7 | was
committed on or after January 1, 1998, provided the | ||||||
8 | offense was sexually motivated as defined in Section 10 of | ||||||
9 | the Sex Offender Management Board Act. If the offense was | ||||||
10 | committed before January 1, 1998, it is a sex offense | ||||||
11 | requiring registration only when the person is convicted of | ||||||
12 | any felony after July 1, 2011, and paragraph (2.1) of | ||||||
13 | subsection (c) of Section 3 of this Act applies.
| ||||||
14 | (1.10) A violation or attempted violation of any of the | ||||||
15 | following Sections
of the Criminal Code of 1961 or the | ||||||
16 | Criminal Code of 2012 when the offense was committed on or | ||||||
17 | after July
1, 1999:
| ||||||
18 | 10-4 (forcible detention, if the victim is under 18 | ||||||
19 | years of age), provided the offense was sexually | ||||||
20 | motivated as defined in Section 10 of the Sex Offender | ||||||
21 | Management Board Act,
| ||||||
22 | 11-6.5 (indecent solicitation of an adult),
| ||||||
23 | 11-14.3 that involves soliciting for a prostitute, | ||||||
24 | or 11-15 (soliciting for a prostitute, if the victim is | ||||||
25 | under 18 years
of age),
| ||||||
26 | subdivision (a)(2)(A) or (a)(2)(B) of Section |
| |||||||
| |||||||
1 | 11-14.3, or Section 11-16 (pandering, if the victim is | ||||||
2 | under 18 years of age),
| ||||||
3 | 11-18 (patronizing a prostitute, if the victim is | ||||||
4 | under 18 years
of age),
| ||||||
5 | subdivision (a)(2)(C) of Section 11-14.3, or | ||||||
6 | Section 11-19 (pimping, if the victim is under 18 years | ||||||
7 | of age).
| ||||||
8 | If the offense was committed before July 1, 1999, it is | ||||||
9 | a sex offense requiring registration only when the person | ||||||
10 | is convicted of any felony after July 1, 2011, and | ||||||
11 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
12 | applies.
| ||||||
13 | (1.11) A violation or attempted violation of any of the | ||||||
14 | following
Sections of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012 when the offense was committed on or
| ||||||
16 | after August 22, 2002:
| ||||||
17 | 11-9 or 11-30 (public indecency for a third or | ||||||
18 | subsequent conviction). | ||||||
19 | If the third or subsequent conviction was imposed | ||||||
20 | before August 22, 2002, it is a sex offense requiring | ||||||
21 | registration only when the person is convicted of any | ||||||
22 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
23 | subsection (c) of Section 3 of this Act applies.
| ||||||
24 | (1.12) A violation or attempted violation of Section
| ||||||
25 | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
26 | Criminal Code of 1961 or the Criminal Code of 2012 |
| |||||||
| |||||||
1 | (permitting sexual abuse) when the
offense was committed on | ||||||
2 | or after August 22, 2002. If the offense was committed | ||||||
3 | before August 22, 2002, it is a sex offense requiring | ||||||
4 | registration only when the person is convicted of any | ||||||
5 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
6 | subsection (c) of Section 3 of this Act applies.
| ||||||
7 | (2) A violation of any former law of this State | ||||||
8 | substantially equivalent
to any offense listed in | ||||||
9 | subsection (B) of this Section.
| ||||||
10 | (C) A conviction for an offense of federal law, Uniform | ||||||
11 | Code of Military
Justice, or the law of another state
or a | ||||||
12 | foreign country that is substantially equivalent to any offense | ||||||
13 | listed
in subsections (B), (C), (E), and (E-5) of this Section | ||||||
14 | shall
constitute a
conviction for the purpose
of this Article. | ||||||
15 | A finding or adjudication as a sexually dangerous person
or a | ||||||
16 | sexually violent person under any federal law, Uniform Code of | ||||||
17 | Military
Justice, or the law of another state or
foreign | ||||||
18 | country that is substantially equivalent to the Sexually | ||||||
19 | Dangerous
Persons Act or the Sexually Violent Persons | ||||||
20 | Commitment Act shall constitute an
adjudication for the | ||||||
21 | purposes of this Article.
| ||||||
22 | (C-5) A person at least 17 years of age at the time of the | ||||||
23 | commission of
the offense who is convicted of first degree | ||||||
24 | murder under Section 9-1 of the
Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012, against a person
under 18 years of age, | ||||||
26 | shall be required to register
for natural life.
A conviction |
| |||||||
| |||||||
1 | for an offense of federal, Uniform Code of Military Justice,
| ||||||
2 | sister state, or foreign country law that is substantially | ||||||
3 | equivalent to any
offense listed in subsection (C-5) of this | ||||||
4 | Section shall constitute a
conviction for the purpose of this | ||||||
5 | Article. This subsection (C-5) applies to a person who | ||||||
6 | committed the offense before June 1, 1996 if: (i) the person is | ||||||
7 | incarcerated in an Illinois Department of Corrections facility | ||||||
8 | on August 20, 2004 (the effective date of Public Act 93-977), | ||||||
9 | or (ii) subparagraph (i) does not apply and the person is | ||||||
10 | convicted of any felony after July 1, 2011, and paragraph (2.1) | ||||||
11 | of subsection (c) of Section 3 of this Act applies.
| ||||||
12 | (C-6) A person who is convicted or adjudicated delinquent | ||||||
13 | of first degree murder as defined in Section 9-1 of the | ||||||
14 | Criminal Code of 1961 or the Criminal Code of 2012, against a | ||||||
15 | person 18 years of age or over, shall be required to register | ||||||
16 | for his or her natural life. A conviction for an offense of | ||||||
17 | federal, Uniform Code of Military Justice, sister state, or | ||||||
18 | foreign country law that is substantially equivalent to any | ||||||
19 | offense listed in subsection (C-6) of this Section shall | ||||||
20 | constitute a conviction for the purpose of this Article. This | ||||||
21 | subsection (C-6) does not apply to those individuals released | ||||||
22 | from incarceration more than 10 years prior to January 1, 2012 | ||||||
23 | (the effective date of Public Act 97-154). | ||||||
24 | (D) As used in this Article, "law enforcement agency having | ||||||
25 | jurisdiction"
means the Chief of Police in each of the | ||||||
26 | municipalities in which the sex offender
expects to reside, |
| |||||||
| |||||||
1 | work, or attend school (1) upon his or her discharge,
parole or | ||||||
2 | release or
(2) during the service of his or her sentence of | ||||||
3 | probation or conditional
discharge, or the Sheriff of the | ||||||
4 | county, in the event no Police Chief exists
or if the offender | ||||||
5 | intends to reside, work, or attend school in an
unincorporated | ||||||
6 | area.
"Law enforcement agency having jurisdiction" includes | ||||||
7 | the location where
out-of-state students attend school and | ||||||
8 | where out-of-state employees are
employed or are otherwise | ||||||
9 | required to register.
| ||||||
10 | (D-1) As used in this Article, "supervising officer" means | ||||||
11 | the assigned Illinois Department of Corrections parole agent or | ||||||
12 | county probation officer. | ||||||
13 | (E) As used in this Article, "sexual predator" means any | ||||||
14 | person who,
after July 1, 1999, is:
| ||||||
15 | (1) Convicted for an offense of federal, Uniform Code | ||||||
16 | of Military
Justice, sister state, or foreign country law | ||||||
17 | that is substantially equivalent
to any offense listed in | ||||||
18 | subsection (E) or (E-5) of this Section shall constitute a
| ||||||
19 | conviction for the purpose of this Article.
Convicted of a | ||||||
20 | violation or attempted violation of any of the following
| ||||||
21 | Sections of the
Criminal Code of 1961 or the Criminal Code | ||||||
22 | of 2012:
| ||||||
23 | 10-5.1 (luring of a minor),
| ||||||
24 | 11-14.4 that involves keeping a place of juvenile | ||||||
25 | prostitution, or 11-17.1 (keeping a place of juvenile | ||||||
26 | prostitution),
|
| |||||||
| |||||||
1 | subdivision (a)(2) or (a)(3) of Section 11-14.4, | ||||||
2 | or Section 11-19.1 (juvenile pimping),
| ||||||
3 | subdivision (a)(4) of Section 11-14.4, or Section | ||||||
4 | 11-19.2 (exploitation of a child),
| ||||||
5 | 11-20.1 (child pornography),
| ||||||
6 | 11-20.1B or 11-20.3 (aggravated child | ||||||
7 | pornography),
| ||||||
8 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
9 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
10 | assault),
| ||||||
11 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
12 | assault of a child),
| ||||||
13 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
14 | abuse),
| ||||||
15 | 12-33 (ritualized abuse of a child);
| ||||||
16 | (2) (blank);
| ||||||
17 | (3) declared as a sexually dangerous person pursuant to | ||||||
18 | the Sexually
Dangerous Persons Act or any substantially | ||||||
19 | similar federal, Uniform Code of
Military Justice, sister | ||||||
20 | state, or
foreign country law;
| ||||||
21 | (4) found to be a sexually violent person pursuant to | ||||||
22 | the Sexually Violent
Persons Commitment Act or any | ||||||
23 | substantially similar federal, Uniform Code of
Military | ||||||
24 | Justice, sister state, or
foreign country law;
| ||||||
25 | (5) convicted of a second or subsequent offense which | ||||||
26 | requires
registration pursuant to this Act. For purposes of |
| |||||||
| |||||||
1 | this paragraph
(5), "convicted" shall include a conviction | ||||||
2 | under any
substantially similar
Illinois, federal, Uniform | ||||||
3 | Code of Military Justice, sister state, or
foreign country | ||||||
4 | law;
| ||||||
5 | (6) (blank); or | ||||||
6 | (7) if the person was convicted of an offense set forth | ||||||
7 | in this subsection (E) on or before July 1, 1999, the | ||||||
8 | person is a sexual predator for whom registration is | ||||||
9 | required only when the person is convicted of a felony | ||||||
10 | offense after July 1, 2011, and paragraph (2.1) of | ||||||
11 | subsection (c) of Section 3 of this Act applies. | ||||||
12 | (E-5) As used in this Article, "sexual predator" also means | ||||||
13 | a person convicted of a violation or attempted violation of any | ||||||
14 | of the following
Sections of the
Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012: | ||||||
16 | (1) Section 9-1 (first degree murder,
when the victim | ||||||
17 | was a person under 18 years of age and the defendant was at | ||||||
18 | least
17 years of age at the time of the commission of the | ||||||
19 | offense, provided the offense was sexually motivated as | ||||||
20 | defined in Section 10 of the Sex Offender Management Board | ||||||
21 | Act); | ||||||
22 | (2) Section 11-9.5 (sexual misconduct with a person | ||||||
23 | with a disability); | ||||||
24 | (3) when the victim is a person under 18 years of age, | ||||||
25 | the
defendant is not a parent of the victim, the offense | ||||||
26 | was sexually motivated as defined in Section 10 of the Sex |
| |||||||
| |||||||
1 | Offender Management Board Act, and the offense was | ||||||
2 | committed on or
after January 1, 1996: (A) Section 10-1 | ||||||
3 | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | ||||||
4 | (C) Section 10-3 (unlawful restraint), and (D) Section | ||||||
5 | 10-3.1 (aggravated unlawful restraint); and | ||||||
6 | (4) Section 10-5(b)(10) (child abduction committed by | ||||||
7 | luring or
attempting to lure a child under the age of 16 | ||||||
8 | into a motor vehicle, building,
house trailer, or dwelling | ||||||
9 | place without the consent of the parent or lawful
custodian | ||||||
10 | of the child for other than a lawful purpose and the | ||||||
11 | offense was
committed on or after January 1, 1998, provided | ||||||
12 | the offense was sexually motivated as defined in Section 10 | ||||||
13 | of the Sex Offender Management Board Act). | ||||||
14 | (E-10) As used in this Article, "sexual predator" also | ||||||
15 | means a person required to register in another State due to a | ||||||
16 | conviction, adjudication or other action of any court | ||||||
17 | triggering an obligation to register as a sex offender, sexual | ||||||
18 | predator, or substantially similar status under the laws of | ||||||
19 | that State. | ||||||
20 | (F) As used in this Article, "out-of-state student" means | ||||||
21 | any sex
offender, as defined in this Section,
or sexual | ||||||
22 | predator who is enrolled in Illinois, on a full-time or | ||||||
23 | part-time
basis, in any public or private educational | ||||||
24 | institution, including, but not
limited to, any secondary | ||||||
25 | school, trade or professional institution, or
institution of | ||||||
26 | higher learning.
|
| |||||||
| |||||||
1 | (G) As used in this Article, "out-of-state employee" means | ||||||
2 | any sex
offender, as defined in this Section,
or sexual | ||||||
3 | predator who works in Illinois, regardless of whether the | ||||||
4 | individual
receives payment for services performed, for a | ||||||
5 | period of time of 10 or more days
or for an aggregate period of | ||||||
6 | time of 30 or more days
during any calendar year.
Persons who | ||||||
7 | operate motor vehicles in the State accrue one day of | ||||||
8 | employment
time for any portion of a day spent in Illinois.
| ||||||
9 | (H) As used in this Article, "school" means any public or | ||||||
10 | private educational institution, including, but not limited | ||||||
11 | to, any elementary or secondary school, trade or professional | ||||||
12 | institution, or institution of higher education. | ||||||
13 | (I) As used in this Article, "fixed residence" means any | ||||||
14 | and all places that a sex offender resides for an aggregate | ||||||
15 | period of time of 5 or more days in a calendar year.
| ||||||
16 | (J) As used in this Article, "Internet protocol address" | ||||||
17 | means the string of numbers by which a location on the Internet | ||||||
18 | is identified by routers or other computers connected to the | ||||||
19 | Internet. | ||||||
20 | (Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; | ||||||
21 | 96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; | ||||||
22 | 97-1073, eff. 1-1-13; 97-1098, eff. 1-1-13; 97-1109, eff. | ||||||
23 | 1-1-13; 97-1150, eff. 1-25-13.)
|