Bill Text: IL SB1749 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Criminal Code of 2012. Provides that stalking against a child is a Class 3 felony. Provides that aggravated stalking against a child is a Class 2 felony. Defines "child". Defines "sex offense" for purposes of registration as a child sex offender to include these offenses. Amends the Sex Offender Registration Act. Requires registration under the Act for a person convicted of stalking or aggravated stalking against a child. Makes technical changes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB1749 Detail]
Download: Illinois-2019-SB1749-Introduced.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 Criminal Code of 2012 is amended by changing | ||||||||||||||||||||||||||||||
5 | Sections 11-9.3, 12-7.3, and 12-7.4 as follows:
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6 | (720 ILCS 5/11-9.3)
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7 | Sec. 11-9.3. Presence within school zone by child sex
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8 | offenders prohibited; approaching, contacting, residing with, | ||||||||||||||||||||||||||||||
9 | or communicating with a child within certain places by child | ||||||||||||||||||||||||||||||
10 | sex offenders prohibited.
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11 | (a) It is unlawful for a child sex offender to knowingly be | ||||||||||||||||||||||||||||||
12 | present in any
school building, on real property comprising any | ||||||||||||||||||||||||||||||
13 | school, or in any conveyance
owned, leased, or contracted by a | ||||||||||||||||||||||||||||||
14 | school to transport students to or from
school or a school | ||||||||||||||||||||||||||||||
15 | related activity when persons under the age of 18 are
present | ||||||||||||||||||||||||||||||
16 | in the building, on the grounds or in
the conveyance, unless | ||||||||||||||||||||||||||||||
17 | the offender is a parent or guardian of a student attending the | ||||||||||||||||||||||||||||||
18 | school and the parent or guardian is: (i) attending a | ||||||||||||||||||||||||||||||
19 | conference at the school with school personnel to discuss the | ||||||||||||||||||||||||||||||
20 | progress of his or her child academically or socially, (ii) | ||||||||||||||||||||||||||||||
21 | participating in child review conferences in which evaluation | ||||||||||||||||||||||||||||||
22 | and placement decisions may be made with respect to his or her | ||||||||||||||||||||||||||||||
23 | child regarding special education services, or (iii) attending |
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1 | conferences to discuss other student issues concerning his or | ||||||
2 | her child such as retention and promotion and notifies the | ||||||
3 | principal of the school of his or her presence at the school or | ||||||
4 | unless the
offender has permission to be present from the
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5 | superintendent or the school board or in the case of a private | ||||||
6 | school from the
principal. In the case of a public school, if | ||||||
7 | permission is granted, the
superintendent or school board | ||||||
8 | president must inform the principal of the
school where the sex | ||||||
9 | offender will be present. Notification includes the
nature of | ||||||
10 | the sex offender's visit and the hours in which the sex | ||||||
11 | offender will
be present in the school. The sex offender is | ||||||
12 | responsible for notifying the
principal's office when he or she | ||||||
13 | arrives on school property and when he or she
departs from | ||||||
14 | school property. If the sex offender is to be present in the
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15 | vicinity of children, the sex offender has the duty to remain | ||||||
16 | under the direct
supervision of a school official.
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17 | (a-5) It is unlawful for a child sex offender to knowingly | ||||||
18 | be present within 100 feet of a site posted as a pick-up or | ||||||
19 | discharge stop for a conveyance owned, leased, or contracted by | ||||||
20 | a school to transport students to or from school or a school | ||||||
21 | related activity when one or more persons under the age of 18 | ||||||
22 | are present at the site.
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23 | (a-10) It is unlawful for a child sex offender to knowingly | ||||||
24 | be present in any
public park building, a playground or | ||||||
25 | recreation area within any publicly accessible privately owned | ||||||
26 | building, or on real property comprising any public park
when |
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1 | persons under the age of
18 are
present in the building or on | ||||||
2 | the grounds
and to approach, contact, or communicate with a | ||||||
3 | child under 18 years of
age,
unless the
offender
is a parent or | ||||||
4 | guardian of a person under 18 years of age present in the
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5 | building or on the
grounds. | ||||||
6 | (b) It is unlawful for a child sex offender to knowingly | ||||||
7 | loiter within 500 feet of a school building or real property | ||||||
8 | comprising any school
while persons under the age of 18 are | ||||||
9 | present in the building or on the
grounds,
unless the offender | ||||||
10 | is a parent or guardian of a student attending the school and | ||||||
11 | the parent or guardian is: (i) attending a conference at the | ||||||
12 | school with school personnel to discuss the progress of his or | ||||||
13 | her child academically or socially, (ii) participating in child | ||||||
14 | review conferences in which evaluation and placement decisions | ||||||
15 | may be made with respect to his or her child regarding special | ||||||
16 | education services, or (iii) attending conferences to discuss | ||||||
17 | other student issues concerning his or her child such as | ||||||
18 | retention and promotion and notifies the principal of the | ||||||
19 | school of his or her presence at the school or has permission | ||||||
20 | to be present from the
superintendent or the school board or in | ||||||
21 | the case of a private school from the
principal. In the case of | ||||||
22 | a public school, if permission is granted, the
superintendent | ||||||
23 | or school board president must inform the principal of the
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24 | school where the sex offender will be present. Notification | ||||||
25 | includes the
nature of the sex offender's visit and the hours | ||||||
26 | in which the sex offender will
be present in the school. The |
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1 | sex offender is responsible for notifying the
principal's | ||||||
2 | office when he or she arrives on school property and when he or | ||||||
3 | she
departs from school property. If the sex offender is to be | ||||||
4 | present in the
vicinity of children, the sex offender has the | ||||||
5 | duty to remain under the direct
supervision of a school | ||||||
6 | official.
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7 | (b-2) It is unlawful for a child sex offender to knowingly | ||||||
8 | loiter on a public
way within 500 feet of a public park | ||||||
9 | building or real property comprising any
public park while | ||||||
10 | persons under the age of 18 are present in the building or on | ||||||
11 | the
grounds
and to approach, contact, or communicate with a | ||||||
12 | child under 18 years of
age,
unless the offender
is a parent or | ||||||
13 | guardian of a person under 18 years of age present in the
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14 | building or on the grounds. | ||||||
15 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
16 | reside within
500 feet of a school building or the real | ||||||
17 | property comprising any school that
persons under the age of 18 | ||||||
18 | attend. Nothing in this subsection (b-5) prohibits
a child sex | ||||||
19 | offender from residing within 500 feet of a school building or | ||||||
20 | the
real property comprising any school that persons under 18 | ||||||
21 | attend if the
property is owned by the child sex offender and | ||||||
22 | was purchased before July 7, 2000 (the
effective date of Public | ||||||
23 | Act 91-911).
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24 | (b-10) It is unlawful for a child sex offender to knowingly | ||||||
25 | reside within
500 feet of a playground, child care institution, | ||||||
26 | day care center, part day child care facility, day care home, |
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1 | group day care home, or a facility providing programs or | ||||||
2 | services
exclusively directed toward persons under 18 years of | ||||||
3 | age. Nothing in this
subsection (b-10) prohibits a child sex | ||||||
4 | offender from residing within 500 feet
of a playground or a | ||||||
5 | facility providing programs or services exclusively
directed | ||||||
6 | toward persons under 18 years of age if the property is owned | ||||||
7 | by the
child sex offender and was purchased before July 7, | ||||||
8 | 2000. Nothing in this
subsection (b-10) prohibits a child sex | ||||||
9 | offender from residing within 500 feet
of a child care | ||||||
10 | institution, day care center, or part day child care facility | ||||||
11 | if the property is owned by the
child sex offender and was | ||||||
12 | purchased before June 26, 2006. Nothing in this subsection | ||||||
13 | (b-10) prohibits a child sex offender from residing within 500 | ||||||
14 | feet of a day care home or group day care home if the property | ||||||
15 | is owned by the child sex offender and was purchased before | ||||||
16 | August 14, 2008 (the effective date of Public Act 95-821). | ||||||
17 | (b-15) It is unlawful for a child sex offender to knowingly | ||||||
18 | reside within
500 feet of the victim of the sex offense. | ||||||
19 | Nothing in this
subsection (b-15) prohibits a child sex | ||||||
20 | offender from residing within 500 feet
of the victim if the | ||||||
21 | property in which the child sex offender resides is owned by | ||||||
22 | the
child sex offender and was purchased before August 22, | ||||||
23 | 2002. | ||||||
24 | This subsection (b-15) does not apply if the victim of the | ||||||
25 | sex offense
is 21 years of age or older. | ||||||
26 | (b-20) It is unlawful for a child sex offender to knowingly |
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1 | communicate, other than for a lawful purpose under Illinois | ||||||
2 | law, using the Internet or any other digital media, with a | ||||||
3 | person under 18 years of age or with a person whom he or she | ||||||
4 | believes to be a person under 18 years of age,
unless the | ||||||
5 | offender
is a parent or guardian of the person under 18 years | ||||||
6 | of age. | ||||||
7 | (c) It is unlawful for a child sex offender to knowingly | ||||||
8 | operate, manage,
be employed by, volunteer at, be associated | ||||||
9 | with, or knowingly be present at
any: (i) facility providing
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10 | programs or services exclusively directed toward persons under | ||||||
11 | the age of 18; (ii) day care center; (iii) part day child care | ||||||
12 | facility; (iv) child care institution; (v) school providing | ||||||
13 | before and after school programs for children under 18 years of | ||||||
14 | age; (vi) day care home; or (vii) group day care home.
This | ||||||
15 | does not prohibit a child sex offender from owning the real | ||||||
16 | property upon
which the programs or services are offered or | ||||||
17 | upon which the day care center, part day child care facility, | ||||||
18 | child care institution, or school providing before and after | ||||||
19 | school programs for children under 18 years of age is located, | ||||||
20 | provided the child sex offender
refrains from being present on | ||||||
21 | the premises for the hours during which: (1) the
programs or | ||||||
22 | services are being offered or (2) the day care center, part day | ||||||
23 | child care facility, child care institution, or school | ||||||
24 | providing before and after school programs for children under | ||||||
25 | 18 years of age, day care home, or group day care home is | ||||||
26 | operated. |
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1 | (c-2) It is unlawful for a child sex offender to | ||||||
2 | participate in a holiday event involving children under 18 | ||||||
3 | years of age, including but not limited to distributing candy | ||||||
4 | or other items to children on Halloween, wearing a Santa Claus | ||||||
5 | costume on or preceding Christmas, being employed as a | ||||||
6 | department store Santa Claus, or wearing an Easter Bunny | ||||||
7 | costume on or preceding Easter. For the purposes of this | ||||||
8 | subsection, child sex offender has the meaning as defined in | ||||||
9 | this Section, but does not include as a sex offense under | ||||||
10 | paragraph (2) of subsection (d) of this Section, the offense | ||||||
11 | under subsection (c) of Section 11-1.50 of this Code. This | ||||||
12 | subsection does not apply to a child sex offender who is a | ||||||
13 | parent or guardian of children under 18 years of age that are | ||||||
14 | present in the home and other non-familial minors are not | ||||||
15 | present. | ||||||
16 | (c-5) It is unlawful for a child sex offender to knowingly | ||||||
17 | operate, manage, be employed by, or be associated with any | ||||||
18 | county fair when persons under the age of 18 are present. | ||||||
19 | (c-6) It is unlawful for a child sex offender who owns and | ||||||
20 | resides at residential real estate to knowingly rent any | ||||||
21 | residential unit within the same building in which he or she | ||||||
22 | resides to a person who is the parent or guardian of a child or | ||||||
23 | children under 18 years of age. This subsection shall apply | ||||||
24 | only to leases or other rental arrangements entered into after | ||||||
25 | January 1, 2009 (the effective date of Public Act 95-820). | ||||||
26 | (c-7) It is unlawful for a child sex offender to knowingly |
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1 | offer or provide any programs or services to persons under 18 | ||||||
2 | years of age in his or her residence or the residence of | ||||||
3 | another or in any facility for the purpose of offering or | ||||||
4 | providing such programs or services, whether such programs or | ||||||
5 | services are offered or provided by contract, agreement, | ||||||
6 | arrangement, or on a volunteer basis. | ||||||
7 | (c-8) It is unlawful for a child sex offender to knowingly | ||||||
8 | operate, whether authorized to do so or not, any of the | ||||||
9 | following vehicles: (1) a vehicle which is specifically | ||||||
10 | designed, constructed or modified and equipped to be used for | ||||||
11 | the retail sale of food or beverages, including but not limited | ||||||
12 | to an ice cream truck; (2) an authorized emergency vehicle; or | ||||||
13 | (3) a rescue vehicle. | ||||||
14 | (d) Definitions. In this Section:
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15 | (1) "Child sex offender" means any person who:
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16 | (i) has been charged under Illinois law, or any | ||||||
17 | substantially similar
federal law
or law of another | ||||||
18 | state, with a sex offense set forth in
paragraph (2) of | ||||||
19 | this subsection (d) or the attempt to commit an | ||||||
20 | included sex
offense, and the victim is a person under | ||||||
21 | 18 years of age at the time of the offense; and:
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22 | (A) is convicted of such offense or an attempt | ||||||
23 | to commit such offense;
or
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24 | (B) is found not guilty by reason of insanity | ||||||
25 | of such offense or an
attempt to commit such | ||||||
26 | offense; or
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1 | (C) is found not guilty by reason of insanity | ||||||
2 | pursuant to subsection
(c) of Section 104-25 of the | ||||||
3 | Code of Criminal Procedure of 1963 of such offense
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4 | or an attempt to commit such offense; or
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5 | (D) is the subject of a finding not resulting | ||||||
6 | in an acquittal at a
hearing conducted pursuant to | ||||||
7 | subsection (a) of Section 104-25 of the Code of
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8 | Criminal Procedure of 1963 for the alleged | ||||||
9 | commission or attempted commission
of such | ||||||
10 | offense; or
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11 | (E) is found not guilty by reason of insanity | ||||||
12 | following a hearing
conducted pursuant to a | ||||||
13 | federal law or the law of another state | ||||||
14 | substantially
similar to subsection (c) of Section | ||||||
15 | 104-25 of the Code of Criminal Procedure
of 1963 of | ||||||
16 | such offense or of the attempted commission of such | ||||||
17 | offense; or
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18 | (F) is the subject of a finding not resulting | ||||||
19 | in an acquittal at a
hearing
conducted pursuant to | ||||||
20 | a federal law or the law of another state | ||||||
21 | substantially
similar to subsection (a) of Section | ||||||
22 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
23 | for the alleged violation or attempted commission | ||||||
24 | of such offense; or
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25 | (ii) is certified as a sexually dangerous person | ||||||
26 | pursuant to the
Illinois
Sexually Dangerous Persons |
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1 | Act, or any substantially similar federal
law or the | ||||||
2 | law of another state, when any conduct giving rise to | ||||||
3 | such
certification is committed or attempted against a | ||||||
4 | person less than 18 years of
age; or
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5 | (iii) is subject to the provisions of Section 2 of | ||||||
6 | the Interstate
Agreements on Sexually Dangerous | ||||||
7 | Persons Act.
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8 | Convictions that result from or are connected with the | ||||||
9 | same act, or result
from offenses committed at the same | ||||||
10 | time, shall be counted for the purpose of
this Section as | ||||||
11 | one conviction. Any conviction set aside pursuant to law is
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12 | not a conviction for purposes of this Section.
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13 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
14 | "sex offense"
means:
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15 | (i) A violation of any of the following Sections of | ||||||
16 | the Criminal Code of
1961 or the Criminal Code of 2012: | ||||||
17 | 10-4 (forcible detention), 10-7 (aiding or abetting | ||||||
18 | child abduction under Section 10-5(b)(10)),
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19 | 10-5(b)(10) (child luring), 11-1.40 (predatory | ||||||
20 | criminal sexual assault of a child), 11-6 (indecent | ||||||
21 | solicitation of a child), 11-6.5
(indecent | ||||||
22 | solicitation of an adult),
11-9.1 (sexual exploitation | ||||||
23 | of a child), 11-9.2 (custodial sexual misconduct), | ||||||
24 | 11-9.5 (sexual misconduct with a person with a | ||||||
25 | disability), 11-11 (sexual relations within families), | ||||||
26 | 11-14.3(a)(1) (promoting prostitution by advancing |
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1 | prostitution), 11-14.3(a)(2)(A) (promoting | ||||||
2 | prostitution by profiting from prostitution by | ||||||
3 | compelling a person to be a prostitute), | ||||||
4 | 11-14.3(a)(2)(C) (promoting prostitution by profiting | ||||||
5 | from prostitution by means other than as described in | ||||||
6 | subparagraphs (A) and (B) of paragraph (2) of | ||||||
7 | subsection (a) of Section 11-14.3), 11-14.4 (promoting | ||||||
8 | juvenile prostitution), 11-18.1
(patronizing a | ||||||
9 | juvenile prostitute), 11-20.1 (child pornography), | ||||||
10 | 11-20.1B (aggravated child pornography), 11-21 | ||||||
11 | (harmful
material), 11-25 (grooming), 11-26 (traveling | ||||||
12 | to meet a minor or traveling to meet a child), 12-33 | ||||||
13 | (ritualized abuse of a
child), 11-20 (obscenity) (when | ||||||
14 | that offense was committed in any school, on
real | ||||||
15 | property comprising any school, in any conveyance | ||||||
16 | owned,
leased, or contracted by a school to transport | ||||||
17 | students to or from school or a
school related | ||||||
18 | activity, or in a public park), 11-30 (public | ||||||
19 | indecency) (when committed in a school, on real | ||||||
20 | property
comprising a school, in any conveyance owned, | ||||||
21 | leased, or contracted by a
school to transport students | ||||||
22 | to or from school or a school related activity, or in a | ||||||
23 | public park). 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 |
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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), 11-1.50 | ||||||
4 | (criminal
sexual abuse), 11-1.60 (aggravated criminal | ||||||
5 | sexual abuse). An attempt to commit
any of these | ||||||
6 | 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 | ||||||
19 | clause (2)(i) or (2)(ii) of subsection (d) of this
| ||||||
20 | Section.
| ||||||
21 | (v) A violation of Section 12-7.3 or 12-7.4 against | ||||||
22 | a child. | ||||||
23 | (2.5) For the purposes of subsections (b-5) and (b-10) | ||||||
24 | only, a sex offense means:
| ||||||
25 | (i) A violation of any of the following Sections of | ||||||
26 | the Criminal Code of
1961 or the Criminal Code of 2012:
|
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1 | 10-5(b)(10) (child luring), 10-7 (aiding or | ||||||
2 | abetting child abduction
under Section 10-5(b)(10)), | ||||||
3 | 11-1.40 (predatory criminal sexual assault of a | ||||||
4 | child), 11-6 (indecent solicitation of
a
child), | ||||||
5 | 11-6.5 (indecent solicitation of an adult), 11-9.2 | ||||||
6 | (custodial sexual misconduct), 11-9.5 (sexual | ||||||
7 | misconduct with a person with a disability), 11-11 | ||||||
8 | (sexual relations within families), 11-14.3(a)(1) | ||||||
9 | (promoting prostitution by advancing prostitution), | ||||||
10 | 11-14.3(a)(2)(A) (promoting prostitution by profiting | ||||||
11 | from prostitution by compelling a person to be a | ||||||
12 | prostitute), 11-14.3(a)(2)(C) (promoting prostitution | ||||||
13 | by profiting from prostitution by means other than as | ||||||
14 | described in subparagraphs (A) and (B) of paragraph (2) | ||||||
15 | of subsection (a) of Section 11-14.3), 11-14.4 | ||||||
16 | (promoting juvenile prostitution), 11-18.1
| ||||||
17 | (patronizing a juvenile prostitute), 11-20.1 (child | ||||||
18 | pornography), 11-20.1B (aggravated child pornography), | ||||||
19 | 11-25 (grooming), 11-26 (traveling to meet a minor or | ||||||
20 | traveling to meet a child), or 12-33 (ritualized abuse | ||||||
21 | of a
child). An attempt
to commit any of
these | ||||||
22 | offenses.
| ||||||
23 | (ii) A violation of any of the following Sections | ||||||
24 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
25 | 2012, when the victim is a person under 18 years of | ||||||
26 | age: 11-1.20 (criminal
sexual assault), 11-1.30 |
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| |||||||
1 | (aggravated criminal sexual assault), 11-1.60
| ||||||
2 | (aggravated criminal sexual abuse), and subsection (a) | ||||||
3 | of Section 11-1.50
(criminal sexual abuse). An attempt | ||||||
4 | to commit
any of these offenses.
| ||||||
5 | (iii) A violation of any of the following Sections | ||||||
6 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
7 | 2012, when the victim is a person under 18 years of age | ||||||
8 | and the defendant is
not a parent of the victim:
| ||||||
9 | 10-1 (kidnapping),
| ||||||
10 | 10-2 (aggravated kidnapping),
| ||||||
11 | 10-3 (unlawful restraint),
| ||||||
12 | 10-3.1 (aggravated unlawful restraint),
| ||||||
13 | 11-9.1(A) (permitting sexual abuse of a child). | ||||||
14 | An attempt to commit any of these offenses.
| ||||||
15 | (iv) A violation of any former law of this State | ||||||
16 | substantially
equivalent to any offense listed in this | ||||||
17 | paragraph (2.5) of
this subsection.
| ||||||
18 | (3) A conviction for an offense of federal law or the | ||||||
19 | law of another state
that is substantially equivalent to | ||||||
20 | any offense listed in paragraph (2) of
subsection (d) of | ||||||
21 | this Section shall constitute a conviction for the purpose | ||||||
22 | of
this Section. A finding or adjudication as a sexually | ||||||
23 | dangerous person under
any federal law or law of another | ||||||
24 | state that is substantially equivalent to the
Sexually | ||||||
25 | Dangerous Persons Act shall constitute an adjudication for | ||||||
26 | the
purposes of this Section.
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| |||||||
1 | (4) "Authorized emergency vehicle", "rescue vehicle", | ||||||
2 | and "vehicle" have the meanings ascribed to them in | ||||||
3 | Sections 1-105, 1-171.8 and 1-217, respectively, of the | ||||||
4 | Illinois Vehicle Code. | ||||||
5 | (5) "Child care institution" has the meaning ascribed | ||||||
6 | to it in Section 2.06 of the Child Care Act of 1969. | ||||||
7 | (6) "Day care center" has the meaning ascribed to it in | ||||||
8 | Section 2.09 of the Child Care Act of 1969. | ||||||
9 | (7) "Day care home" has the meaning ascribed to it in | ||||||
10 | Section 2.18 of the Child Care Act of 1969. | ||||||
11 | (8) "Facility providing programs or services directed | ||||||
12 | towards persons under the age of 18" means any facility | ||||||
13 | providing programs or services exclusively directed | ||||||
14 | towards persons under the age of 18. | ||||||
15 | (9) "Group day care home" has the meaning ascribed to | ||||||
16 | it in Section 2.20 of the Child Care Act of 1969. | ||||||
17 | (10) "Internet" has the meaning set forth in Section | ||||||
18 | 16-0.1 of this Code.
| ||||||
19 | (11) "Loiter" means:
| ||||||
20 | (i) Standing, sitting idly, whether or not the | ||||||
21 | person is in a vehicle, or
remaining in or around | ||||||
22 | school or public park property.
| ||||||
23 | (ii) Standing, sitting idly, whether or not the | ||||||
24 | person is in a vehicle,
or remaining in or around | ||||||
25 | school or public park property, for the purpose of | ||||||
26 | committing or
attempting to commit a sex offense.
|
| |||||||
| |||||||
1 | (iii) Entering or remaining in a building in or | ||||||
2 | around school property, other than the offender's | ||||||
3 | residence. | ||||||
4 | (12) "Part day child care facility" has the meaning | ||||||
5 | ascribed to it in Section 2.10 of the Child Care Act of | ||||||
6 | 1969. | ||||||
7 | (13) "Playground" means a piece of land owned or | ||||||
8 | controlled by a unit
of
local government that is designated | ||||||
9 | by the unit of local government for use
solely or primarily | ||||||
10 | for children's recreation. | ||||||
11 | (14) "Public park" includes a park, forest preserve, | ||||||
12 | bikeway, trail, or
conservation
area
under the | ||||||
13 | jurisdiction of the State or a unit of local government. | ||||||
14 | (15) "School" means a public or private preschool or | ||||||
15 | elementary or secondary school. | ||||||
16 | (16) "School official"
means the principal, a teacher, | ||||||
17 | or any other certified employee of the
school, the | ||||||
18 | superintendent of schools or a member of the school board.
| ||||||
19 | (e) For the purposes of this Section, the 500 feet distance | ||||||
20 | shall be measured from: (1) the edge of the property of the | ||||||
21 | school building or the real property comprising the school that | ||||||
22 | is closest to the edge of the property of the child sex | ||||||
23 | offender's residence or where he or she is loitering, and (2) | ||||||
24 | the edge of the property comprising the public park building or | ||||||
25 | the real property comprising the public park, playground, child | ||||||
26 | care institution, day care center, part day child care |
| |||||||
| |||||||
1 | facility, or facility providing programs or services | ||||||
2 | exclusively directed toward persons under 18 years of age, or a | ||||||
3 | victim of the sex offense who is under 21 years of age, to the | ||||||
4 | edge of the child sex offender's place of residence or place | ||||||
5 | where he or she is loitering.
| ||||||
6 | (f) Sentence. A person who violates this Section is guilty | ||||||
7 | of a Class 4
felony.
| ||||||
8 | (Source: P.A. 100-428, eff. 1-1-18 .)
| ||||||
9 | (720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
| ||||||
10 | Sec. 12-7.3. Stalking.
| ||||||
11 | (a) A person commits stalking when he or she knowingly | ||||||
12 | engages in a course of conduct directed at a specific person, | ||||||
13 | and he or she knows or should know that this course of conduct | ||||||
14 | would cause a reasonable person to: | ||||||
15 | (1) fear for his or her safety or the safety of a third | ||||||
16 | person; or | ||||||
17 | (2) suffer other emotional distress. | ||||||
18 | (a-3) A person commits stalking when he or she, knowingly | ||||||
19 | and without
lawful justification, on at least 2 separate | ||||||
20 | occasions follows
another person
or places the person under | ||||||
21 | surveillance or any combination thereof and:
| ||||||
22 | (1) at any time transmits a threat of immediate or | ||||||
23 | future bodily harm, sexual
assault, confinement or | ||||||
24 | restraint and the threat is directed towards that
person or | ||||||
25 | a family member of that
person; or
|
| |||||||
| |||||||
1 | (2) places that person in reasonable apprehension of | ||||||
2 | immediate or future
bodily harm, sexual assault, | ||||||
3 | confinement or restraint to or of that person or a family | ||||||
4 | member of that person.
| ||||||
5 | (a-5) A person commits stalking when he or she has | ||||||
6 | previously been
convicted of stalking another person and | ||||||
7 | knowingly and without lawful
justification on one occasion:
| ||||||
8 | (1) follows that same person or places that same person | ||||||
9 | under
surveillance; and
| ||||||
10 | (2) transmits a threat of immediate or future bodily | ||||||
11 | harm, sexual
assault, confinement or restraint to that | ||||||
12 | person or a family member of that person.
| ||||||
13 | (b) Sentence.
Stalking is a Class 4 felony; a second or | ||||||
14 | subsequent
conviction is a Class 3 felony. Stalking against a | ||||||
15 | child is a Class 3 felony.
| ||||||
16 | (c) Definitions. In For purposes of this Section: | ||||||
17 | "Child" means person under 17 years of age unless the | ||||||
18 | accused is a family member as defined in Section 11-0.1 or | ||||||
19 | in a position trust, authority, or supervision to the | ||||||
20 | victim, then "child" is a person under 18 years of age. | ||||||
21 | (1) "Course of conduct" means 2 or more acts, including | ||||||
22 | but not limited to acts in which a defendant directly, | ||||||
23 | indirectly, or through third parties, by any action, | ||||||
24 | method, device, or means follows, monitors, observes, | ||||||
25 | surveils, threatens, or communicates to or about, a person, | ||||||
26 | engages in other non-consensual contact, or interferes |
| |||||||
| |||||||
1 | with or damages a person's property or pet. A course of | ||||||
2 | conduct may include contact via electronic communications. | ||||||
3 | (2) "Electronic communication" means any transfer of | ||||||
4 | signs, signals, writings, sounds, data, or intelligence of | ||||||
5 | any nature transmitted in whole or in part by a wire, | ||||||
6 | radio, electromagnetic, photoelectric, or photo-optical | ||||||
7 | system. "Electronic communication" includes transmissions | ||||||
8 | by a computer through the Internet to another computer. | ||||||
9 | (3) "Emotional distress" means significant mental | ||||||
10 | suffering, anxiety or alarm. | ||||||
11 | (4) "Family member" means a parent,
grandparent, | ||||||
12 | brother, sister, or child, whether by whole blood, | ||||||
13 | half-blood, or
adoption and includes a step-grandparent, | ||||||
14 | step-parent, step-brother,
step-sister or step-child. | ||||||
15 | "Family member" also means any other person who
regularly | ||||||
16 | resides in the household, or who, within the prior 6 | ||||||
17 | months,
regularly resided in the household. | ||||||
18 | (5) "Follows another person" means (i) to
move in | ||||||
19 | relative proximity to a person as that person moves from | ||||||
20 | place to place
or (ii) to remain in relative proximity to a | ||||||
21 | person who is stationary or whose
movements are confined to | ||||||
22 | a small area.
"Follows another person" does not
include a | ||||||
23 | following within the residence of the defendant. | ||||||
24 | (6) "Non-consensual contact" means any contact with | ||||||
25 | the victim that is initiated or continued without the | ||||||
26 | victim's consent, including but not limited to being in the |
| |||||||
| |||||||
1 | physical presence of the victim; appearing within the sight | ||||||
2 | of the victim; approaching or confronting the victim in a | ||||||
3 | public place or on private property; appearing at the | ||||||
4 | workplace or residence of the victim; entering onto or | ||||||
5 | remaining on property owned, leased, or occupied by the | ||||||
6 | victim; or placing an object on, or delivering an object | ||||||
7 | to, property owned, leased, or occupied by the victim. | ||||||
8 | (7) "Places a person under
surveillance" means: (1) | ||||||
9 | remaining present outside the person's school, place of
| ||||||
10 | employment, vehicle, other place occupied by the person, or | ||||||
11 | residence other
than the residence of the defendant; or (2) | ||||||
12 | placing an electronic tracking device on the person or the | ||||||
13 | person's property. | ||||||
14 | (8) "Reasonable person" means a person in the victim's | ||||||
15 | situation. | ||||||
16 | (9) "Transmits a threat" means a verbal
or
written | ||||||
17 | threat or a threat implied by a pattern of conduct or a | ||||||
18 | combination of
verbal or written statements or conduct. | ||||||
19 | (d) Exemptions. | ||||||
20 | (1) This Section does not apply to any individual or | ||||||
21 | organization (i) monitoring or attentive to compliance | ||||||
22 | with public or worker safety laws, wage and hour | ||||||
23 | requirements, or other statutory requirements, or (ii) | ||||||
24 | picketing occurring at the workplace that is otherwise | ||||||
25 | lawful and arises out of a bona fide labor dispute, | ||||||
26 | including any controversy concerning wages, salaries, |
| |||||||
| |||||||
1 | hours, working conditions or benefits, including health | ||||||
2 | and welfare, sick leave, insurance, and pension or | ||||||
3 | retirement provisions, the making or maintaining of | ||||||
4 | collective bargaining agreements, and the terms to be | ||||||
5 | included in those agreements. | ||||||
6 | (2) This Section does not apply to an exercise of the | ||||||
7 | right to free speech or assembly that is otherwise lawful. | ||||||
8 | (3) Telecommunications carriers, commercial mobile | ||||||
9 | service providers, and providers of information services, | ||||||
10 | including, but not limited to, Internet service providers | ||||||
11 | and hosting service providers, are not liable under this | ||||||
12 | Section, except for willful and wanton misconduct, by | ||||||
13 | virtue of the transmission, storage, or caching of | ||||||
14 | electronic communications or messages of others or by | ||||||
15 | virtue of the provision of other related | ||||||
16 | telecommunications, commercial mobile services, or | ||||||
17 | information services used by others in violation of this | ||||||
18 | Section. | ||||||
19 | (d-5) The incarceration of a person in a penal institution | ||||||
20 | who commits the course of conduct or transmits a
threat is not | ||||||
21 | a bar to prosecution under this Section.
| ||||||
22 | (d-10) A defendant who directed the actions of a third | ||||||
23 | party to violate this Section, under the principles of | ||||||
24 | accountability set forth in Article 5 of this Code, is guilty | ||||||
25 | of violating this Section as if the same had been personally | ||||||
26 | done by the defendant, without regard to the mental state of |
| |||||||
| |||||||
1 | the third party acting at the direction of the defendant. | ||||||
2 | (Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11; | ||||||
3 | 97-311, eff. 8-11-11; 97-1109, eff. 1-1-13.)
| ||||||
4 | (720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
| ||||||
5 | Sec. 12-7.4. Aggravated stalking.
| ||||||
6 | (a) A person commits
aggravated stalking when he or she | ||||||
7 | commits stalking and:
| ||||||
8 | (1) causes bodily harm to the victim;
| ||||||
9 | (2) confines or restrains the victim; or
| ||||||
10 | (3) violates a temporary
restraining order, an order of | ||||||
11 | protection, a stalking no contact order, a civil no contact | ||||||
12 | order, or an injunction
prohibiting the behavior described | ||||||
13 | in
subsection (b)(1) of Section 214 of the Illinois | ||||||
14 | Domestic Violence Act of 1986.
| ||||||
15 | (a-1) A person commits
aggravated stalking when he or she | ||||||
16 | is required to register under the Sex Offender Registration Act | ||||||
17 | or has been previously required to register under that Act and | ||||||
18 | commits the offense of stalking when the victim of the stalking | ||||||
19 | is also the victim of the offense for which the sex offender is | ||||||
20 | required to register under the Sex Offender Registration Act or | ||||||
21 | a family member of the victim. | ||||||
22 | (b) Sentence. Aggravated stalking is a Class 3 felony; a | ||||||
23 | second or
subsequent conviction is a Class 2
felony. Aggravated | ||||||
24 | stalking against a child is a Class 2 felony. In this | ||||||
25 | subsection (b), "child" means person under 17 years of age |
| |||||||
| |||||||
1 | unless the accused is a family member as defined in Section | ||||||
2 | 11-0.1 or in a position trust, authority, or supervision to the | ||||||
3 | victim, then "child" is a person under 18 years of age.
| ||||||
4 | (c) Exemptions. | ||||||
5 | (1) This Section does not apply to any individual or | ||||||
6 | organization (i) monitoring or attentive to compliance | ||||||
7 | with public or worker safety laws, wage and hour | ||||||
8 | requirements, or other statutory requirements, or (ii) | ||||||
9 | picketing occurring at the
workplace that is otherwise | ||||||
10 | lawful and arises out of a bona fide labor
dispute | ||||||
11 | including any controversy concerning wages, salaries, | ||||||
12 | hours, working conditions or benefits, including health | ||||||
13 | and welfare, sick leave, insurance, and pension or | ||||||
14 | retirement provisions, the managing or maintenance of | ||||||
15 | collective bargaining agreements, and the terms to be | ||||||
16 | included in those agreements. | ||||||
17 | (2) This Section does not apply to an exercise of the | ||||||
18 | right of free speech or assembly that is
otherwise lawful.
| ||||||
19 | (3) Telecommunications carriers, commercial mobile | ||||||
20 | service providers, and providers of information services, | ||||||
21 | including, but not limited to, Internet service providers | ||||||
22 | and hosting service providers, are not liable under this | ||||||
23 | Section, except for willful and wanton misconduct, by | ||||||
24 | virtue of the transmission, storage, or caching of | ||||||
25 | electronic communications or messages of others or by | ||||||
26 | virtue of the provision of other related |
| |||||||
| |||||||
1 | telecommunications, commercial mobile services, or | ||||||
2 | information services used by others in violation of this | ||||||
3 | Section.
| ||||||
4 | (d) A defendant who directed the actions of a third party | ||||||
5 | to violate this Section, under the principles of accountability | ||||||
6 | set forth in Article 5 of this Code, is guilty of violating | ||||||
7 | this Section as if the same had been personally done by the | ||||||
8 | defendant, without regard to the mental state of the third | ||||||
9 | party acting at the direction of the defendant. | ||||||
10 | (Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11; | ||||||
11 | 97-311, eff. 8-11-11; 97-468, eff. 1-1-12; 97-1109, eff. | ||||||
12 | 1-1-13.)
| ||||||
13 | Section 10. The Sex Offender Registration Act is amended by | ||||||
14 | changing Section 2 as follows:
| ||||||
15 | (730 ILCS 150/2) (from Ch. 38, par. 222)
| ||||||
16 | Sec. 2. Definitions.
| ||||||
17 | (A) As used in this Article, "sex offender" means any | ||||||
18 | person who is:
| ||||||
19 | (1) charged pursuant to Illinois law, or any | ||||||
20 | substantially similar
federal, Uniform Code of Military | ||||||
21 | Justice, sister state, or foreign country
law,
with a sex | ||||||
22 | offense set forth
in subsection (B) of this Section or the | ||||||
23 | attempt to commit an included sex
offense, and:
| ||||||
24 | (a) is convicted of such offense or an attempt to |
| |||||||
| |||||||
1 | commit such offense;
or
| ||||||
2 | (b) is found not guilty by reason of insanity of | ||||||
3 | such offense or an
attempt to commit such offense; or
| ||||||
4 | (c) is found not guilty by reason of insanity | ||||||
5 | pursuant to Section
104-25(c) of the Code of Criminal | ||||||
6 | Procedure of 1963 of such offense or an
attempt to | ||||||
7 | commit such offense; or
| ||||||
8 | (d) is the subject of a finding not resulting in an | ||||||
9 | acquittal at a
hearing conducted pursuant to Section | ||||||
10 | 104-25(a) of the Code of Criminal
Procedure of 1963 for | ||||||
11 | the alleged commission or attempted commission of such
| ||||||
12 | offense; or
| ||||||
13 | (e) is found not guilty by reason of insanity | ||||||
14 | following a hearing
conducted pursuant to a federal, | ||||||
15 | Uniform Code of Military Justice, sister
state, or | ||||||
16 | foreign country law
substantially similar to Section | ||||||
17 | 104-25(c) of the Code of Criminal Procedure
of 1963 of | ||||||
18 | such offense or of the attempted commission of such | ||||||
19 | offense; or
| ||||||
20 | (f) is the subject of a finding not resulting in an | ||||||
21 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
22 | Uniform Code of Military Justice,
sister state, or | ||||||
23 | foreign country law
substantially similar to Section | ||||||
24 | 104-25(a) of the Code of Criminal Procedure
of 1963 for | ||||||
25 | the alleged violation or attempted commission of such | ||||||
26 | offense;
or
|
| |||||||
| |||||||
1 | (2) declared as a sexually dangerous person pursuant to | ||||||
2 | the Illinois
Sexually Dangerous Persons Act, or any | ||||||
3 | substantially similar federal, Uniform
Code of Military | ||||||
4 | Justice, sister
state, or foreign country law; or
| ||||||
5 | (3) subject to the provisions of Section 2 of the | ||||||
6 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
7 | or
| ||||||
8 | (4) found to be a sexually violent person pursuant to | ||||||
9 | the Sexually
Violent Persons Commitment Act or any | ||||||
10 | substantially similar federal, Uniform
Code of Military | ||||||
11 | Justice, sister
state, or foreign country law; or
| ||||||
12 | (5) adjudicated a juvenile delinquent as the result of | ||||||
13 | committing or
attempting to commit an act which, if | ||||||
14 | committed by an adult, would constitute
any of the offenses | ||||||
15 | specified in item (B), (C), or (C-5) of this Section or a
| ||||||
16 | violation of any substantially similar federal, Uniform | ||||||
17 | Code of Military
Justice, sister state, or foreign
country | ||||||
18 | law, or found guilty under Article V of the Juvenile Court | ||||||
19 | Act of 1987
of committing or attempting to commit an act | ||||||
20 | which, if committed by an adult,
would constitute any of | ||||||
21 | the offenses specified in item (B), (C), or (C-5) of
this | ||||||
22 | Section or a violation of any substantially similar | ||||||
23 | federal, Uniform Code
of Military Justice, sister state,
or | ||||||
24 | foreign country law.
| ||||||
25 | Convictions that result from or are connected with the same | ||||||
26 | act, or result
from offenses committed at the same time, shall |
| |||||||
| |||||||
1 | be counted for the purpose of
this Article as one conviction. | ||||||
2 | Any conviction set aside pursuant to law is
not a conviction | ||||||
3 | for purposes of this Article.
| ||||||
4 |
For purposes of this Section, "convicted" shall have the | ||||||
5 | same meaning as
"adjudicated".
| ||||||
6 | (B) As used in this Article, "sex offense" means:
| ||||||
7 | (1) A violation of any of the following Sections of the | ||||||
8 | Criminal Code of
1961 or the Criminal Code of 2012:
| ||||||
9 | 11-20.1 (child pornography),
| ||||||
10 | 11-20.1B or 11-20.3 (aggravated child | ||||||
11 | pornography),
| ||||||
12 | 11-6 (indecent solicitation of a child),
| ||||||
13 | 11-9.1 (sexual exploitation of a child),
| ||||||
14 | 11-9.2 (custodial sexual misconduct),
| ||||||
15 | 11-9.5 (sexual misconduct with a person with a | ||||||
16 | disability), | ||||||
17 | 11-14.4 (promoting juvenile prostitution), | ||||||
18 | 11-15.1 (soliciting for a juvenile prostitute),
| ||||||
19 | 11-18.1 (patronizing a juvenile prostitute),
| ||||||
20 | 11-17.1 (keeping a place of juvenile | ||||||
21 | prostitution),
| ||||||
22 | 11-19.1 (juvenile pimping),
| ||||||
23 | 11-19.2 (exploitation of a child),
| ||||||
24 | 11-25 (grooming), | ||||||
25 | 11-26 (traveling to meet a minor or traveling to | ||||||
26 | meet a child), |
| |||||||
| |||||||
1 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
2 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
3 | assault),
| ||||||
4 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
5 | assault of a child),
| ||||||
6 | 11-1.50 or 12-15 (criminal sexual abuse),
| ||||||
7 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
8 | abuse),
| ||||||
9 | 12-33 (ritualized abuse of a child).
| ||||||
10 | An attempt to commit any of these offenses.
| ||||||
11 | (1.3) A violation of Section 12-7.3 or 12-7.4 of the | ||||||
12 | Criminal Code of 2012 against a child. | ||||||
13 | (1.5)
A violation of any of the following Sections of | ||||||
14 | the
Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
15 | when the victim is a person under 18 years of age, the
| ||||||
16 | defendant is not a parent of the victim, the offense was | ||||||
17 | sexually motivated as defined in Section 10 of the Sex | ||||||
18 | Offender Evaluation and Treatment Act, and the offense was | ||||||
19 | committed on or
after January 1, 1996:
| ||||||
20 | 10-1 (kidnapping),
| ||||||
21 | 10-2 (aggravated kidnapping),
| ||||||
22 | 10-3 (unlawful restraint),
| ||||||
23 | 10-3.1 (aggravated unlawful restraint).
| ||||||
24 | If the offense was committed before January 1, 1996, it | ||||||
25 | is a sex offense requiring registration only when the | ||||||
26 | person is convicted of any felony after July 1, 2011, and |
| |||||||
| |||||||
1 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
2 | applies. | ||||||
3 | (1.6)
First degree murder under Section 9-1 of the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012,
| ||||||
5 | provided the offense was sexually motivated as defined in | ||||||
6 | Section 10 of the Sex Offender Management Board Act.
| ||||||
7 | (1.7) (Blank).
| ||||||
8 | (1.8) A violation or attempted violation of Section | ||||||
9 | 11-11 (sexual
relations within families) of the Criminal | ||||||
10 | Code of 1961 or the Criminal Code of 2012, and the offense | ||||||
11 | was committed on or after
June 1, 1997. If the offense was | ||||||
12 | committed before June 1, 1997, it is a sex offense | ||||||
13 | requiring registration only when the person is convicted of | ||||||
14 | any felony after July 1, 2011, and paragraph (2.1) of | ||||||
15 | subsection (c) of Section 3 of this Act applies.
| ||||||
16 | (1.9) Child abduction under paragraph (10) of | ||||||
17 | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | ||||||
18 | or the Criminal Code of 2012 committed by luring or
| ||||||
19 | attempting to lure a child under the age of 16 into a motor | ||||||
20 | vehicle, building,
house trailer, or dwelling place | ||||||
21 | without the consent of the parent or lawful
custodian of | ||||||
22 | the child for other than a lawful purpose and the offense | ||||||
23 | was
committed on or after January 1, 1998, provided the | ||||||
24 | offense was sexually motivated as defined in Section 10 of | ||||||
25 | the Sex Offender Management Board Act. If the offense was | ||||||
26 | committed before January 1, 1998, it is a sex offense |
| |||||||
| |||||||
1 | requiring registration only when the person is convicted of | ||||||
2 | any felony after July 1, 2011, and paragraph (2.1) of | ||||||
3 | subsection (c) of Section 3 of this Act applies.
| ||||||
4 | (1.10) A violation or attempted violation of any of the | ||||||
5 | following Sections
of the Criminal Code of 1961 or the | ||||||
6 | Criminal Code of 2012 when the offense was committed on or | ||||||
7 | after July
1, 1999:
| ||||||
8 | 10-4 (forcible detention, if the victim is under 18 | ||||||
9 | years of age), provided the offense was sexually | ||||||
10 | motivated as defined in Section 10 of the Sex Offender | ||||||
11 | Management Board Act,
| ||||||
12 | 11-6.5 (indecent solicitation of an adult),
| ||||||
13 | 11-14.3 that involves soliciting for a prostitute, | ||||||
14 | or 11-15 (soliciting for a prostitute, if the victim is | ||||||
15 | under 18 years
of age),
| ||||||
16 | subdivision (a)(2)(A) or (a)(2)(B) of Section | ||||||
17 | 11-14.3, or Section 11-16 (pandering, if the victim is | ||||||
18 | under 18 years of age),
| ||||||
19 | 11-18 (patronizing a prostitute, if the victim is | ||||||
20 | under 18 years
of age),
| ||||||
21 | subdivision (a)(2)(C) of Section 11-14.3, or | ||||||
22 | Section 11-19 (pimping, if the victim is under 18 years | ||||||
23 | of age).
| ||||||
24 | If the offense was committed before July 1, 1999, it is | ||||||
25 | a sex offense requiring registration only when the person | ||||||
26 | is convicted of any felony after July 1, 2011, and |
| |||||||
| |||||||
1 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
2 | applies. | ||||||
3 | (1.11) A violation or attempted violation of any of the | ||||||
4 | following
Sections of the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012 when the offense was committed on or
| ||||||
6 | after August 22, 2002:
| ||||||
7 | 11-9 or 11-30 (public indecency for a third or | ||||||
8 | subsequent conviction). | ||||||
9 | If the third or subsequent conviction was imposed | ||||||
10 | before August 22, 2002, it is a sex offense requiring | ||||||
11 | registration only when the person is convicted of any | ||||||
12 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
13 | subsection (c) of Section 3 of this Act applies.
| ||||||
14 | (1.12) A violation or attempted violation of Section
| ||||||
15 | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
16 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
17 | (permitting sexual abuse) when the
offense was committed on | ||||||
18 | or after August 22, 2002. If the offense was committed | ||||||
19 | before August 22, 2002, it is a sex offense requiring | ||||||
20 | registration only when the person is convicted of any | ||||||
21 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
22 | subsection (c) of Section 3 of this Act applies.
| ||||||
23 | (2) A violation of any former law of this State | ||||||
24 | substantially equivalent
to any offense listed in | ||||||
25 | subsection (B) of this Section.
| ||||||
26 | (C) A conviction for an offense of federal law, Uniform |
| |||||||
| |||||||
1 | Code of Military
Justice, or the law of another state
or a | ||||||
2 | foreign country that is substantially equivalent to any offense | ||||||
3 | listed
in subsections (B), (C), (E), and (E-5) of this Section | ||||||
4 | shall
constitute a
conviction for the purpose
of this Article. | ||||||
5 | A finding or adjudication as a sexually dangerous person
or a | ||||||
6 | sexually violent person under any federal law, Uniform Code of | ||||||
7 | Military
Justice, or the law of another state or
foreign | ||||||
8 | country that is substantially equivalent to the Sexually | ||||||
9 | Dangerous
Persons Act or the Sexually Violent Persons | ||||||
10 | Commitment Act shall constitute an
adjudication for the | ||||||
11 | purposes of this Article.
| ||||||
12 | (C-5) A person at least 17 years of age at the time of the | ||||||
13 | commission of
the offense who is convicted of first degree | ||||||
14 | murder under Section 9-1 of the
Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012, against a person
under 18 years of age, | ||||||
16 | shall be required to register
for natural life.
A conviction | ||||||
17 | for an offense of federal, Uniform Code of Military Justice,
| ||||||
18 | sister state, or foreign country law that is substantially | ||||||
19 | equivalent to any
offense listed in subsection (C-5) of this | ||||||
20 | Section shall constitute a
conviction for the purpose of this | ||||||
21 | Article. This subsection (C-5) applies to a person who | ||||||
22 | committed the offense before June 1, 1996 if: (i) the person is | ||||||
23 | incarcerated in an Illinois Department of Corrections facility | ||||||
24 | on August 20, 2004 (the effective date of Public Act 93-977), | ||||||
25 | or (ii) subparagraph (i) does not apply and the person is | ||||||
26 | convicted of any felony after July 1, 2011, and paragraph (2.1) |
| |||||||
| |||||||
1 | of subsection (c) of Section 3 of this Act applies.
| ||||||
2 | (C-6) A person who is convicted or adjudicated delinquent | ||||||
3 | of first degree murder as defined in Section 9-1 of the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012, against a | ||||||
5 | person 18 years of age or over, shall be required to register | ||||||
6 | for his or her natural life. A conviction for an offense of | ||||||
7 | federal, Uniform Code of Military Justice, sister state, or | ||||||
8 | foreign country law that is substantially equivalent to any | ||||||
9 | offense listed in subsection (C-6) of this Section shall | ||||||
10 | constitute a conviction for the purpose of this Article. This | ||||||
11 | subsection (C-6) does not apply to those individuals released | ||||||
12 | from incarceration more than 10 years prior to January 1, 2012 | ||||||
13 | (the effective date of Public Act 97-154). | ||||||
14 | (D) As used in this Article, "law enforcement agency having | ||||||
15 | jurisdiction"
means the Chief of Police in each of the | ||||||
16 | municipalities in which the sex offender
expects to reside, | ||||||
17 | work, or attend school (1) upon his or her discharge,
parole or | ||||||
18 | release or
(2) during the service of his or her sentence of | ||||||
19 | probation or conditional
discharge, or the Sheriff of the | ||||||
20 | county, in the event no Police Chief exists
or if the offender | ||||||
21 | intends to reside, work, or attend school in an
unincorporated | ||||||
22 | area.
"Law enforcement agency having jurisdiction" includes | ||||||
23 | the location where
out-of-state students attend school and | ||||||
24 | where out-of-state employees are
employed or are otherwise | ||||||
25 | required to register.
| ||||||
26 | (D-1) As used in this Article, "supervising officer" means |
| |||||||
| |||||||
1 | the assigned Illinois Department of Corrections parole agent or | ||||||
2 | county probation officer. | ||||||
3 | (E) As used in this Article, "sexual predator" means any | ||||||
4 | person who,
after July 1, 1999, is:
| ||||||
5 | (1) Convicted for an offense of federal, Uniform Code | ||||||
6 | of Military
Justice, sister state, or foreign country law | ||||||
7 | that is substantially equivalent
to any offense listed in | ||||||
8 | subsection (E) or (E-5) of this Section shall constitute a
| ||||||
9 | conviction for the purpose of this Article.
Convicted of a | ||||||
10 | violation or attempted violation of any of the following
| ||||||
11 | Sections of the
Criminal Code of 1961 or the Criminal Code | ||||||
12 | of 2012:
| ||||||
13 | 10-5.1 (luring of a minor), | ||||||
14 | 11-14.4 that involves keeping a place of juvenile | ||||||
15 | prostitution, or 11-17.1 (keeping a place of juvenile | ||||||
16 | prostitution),
| ||||||
17 | subdivision (a)(2) or (a)(3) of Section 11-14.4, | ||||||
18 | or Section 11-19.1 (juvenile pimping),
| ||||||
19 | subdivision (a)(4) of Section 11-14.4, or Section | ||||||
20 | 11-19.2 (exploitation of a child),
| ||||||
21 | 11-20.1 (child pornography),
| ||||||
22 | 11-20.1B or 11-20.3 (aggravated child | ||||||
23 | pornography), | ||||||
24 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
25 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
26 | assault),
|
| |||||||
| |||||||
1 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
2 | assault of a child),
| ||||||
3 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
4 | abuse),
| ||||||
5 | 12-33 (ritualized abuse of a child);
| ||||||
6 | (2) (blank);
| ||||||
7 | (3) declared as a sexually dangerous person pursuant to | ||||||
8 | the Sexually
Dangerous Persons Act or any substantially | ||||||
9 | similar federal, Uniform Code of
Military Justice, sister | ||||||
10 | state, or
foreign country law;
| ||||||
11 | (4) found to be a sexually violent person pursuant to | ||||||
12 | the Sexually Violent
Persons Commitment Act or any | ||||||
13 | substantially similar federal, Uniform Code of
Military | ||||||
14 | Justice, sister state, or
foreign country law;
| ||||||
15 | (5) convicted of a second or subsequent offense which | ||||||
16 | requires
registration pursuant to this Act. For purposes of | ||||||
17 | this paragraph
(5), "convicted" shall include a conviction | ||||||
18 | under any
substantially similar
Illinois, federal, Uniform | ||||||
19 | Code of Military Justice, sister state, or
foreign country | ||||||
20 | law;
| ||||||
21 | (6) (blank); or | ||||||
22 | (7) if the person was convicted of an offense set forth | ||||||
23 | in this subsection (E) on or before July 1, 1999, the | ||||||
24 | person is a sexual predator for whom registration is | ||||||
25 | required only when the person is convicted of a felony | ||||||
26 | offense after July 1, 2011, and paragraph (2.1) of |
| |||||||
| |||||||
1 | subsection (c) of Section 3 of this Act applies. | ||||||
2 | (E-5) As used in this Article, "sexual predator" also means | ||||||
3 | a person convicted of a violation or attempted violation of any | ||||||
4 | of the following
Sections of the
Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012: | ||||||
6 | (1) Section 9-1 (first degree murder,
when the victim | ||||||
7 | was a person under 18 years of age and the defendant was at | ||||||
8 | least
17 years of age at the time of the commission of the | ||||||
9 | offense, provided the offense was sexually motivated as | ||||||
10 | defined in Section 10 of the Sex Offender Management Board | ||||||
11 | Act); | ||||||
12 | (2) Section 11-9.5 (sexual misconduct with a person | ||||||
13 | with a disability); | ||||||
14 | (3) when the victim is a person under 18 years of age, | ||||||
15 | the
defendant is not a parent of the victim, the offense | ||||||
16 | was sexually motivated as defined in Section 10 of the Sex | ||||||
17 | Offender Management Board Act, and the offense was | ||||||
18 | committed on or
after January 1, 1996: (A) Section 10-1 | ||||||
19 | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | ||||||
20 | (C) Section 10-3 (unlawful restraint), and (D) Section | ||||||
21 | 10-3.1 (aggravated unlawful restraint); and | ||||||
22 | (4) Section 10-5(b)(10) (child abduction committed by | ||||||
23 | luring or
attempting to lure a child under the age of 16 | ||||||
24 | into a motor vehicle, building,
house trailer, or dwelling | ||||||
25 | place without the consent of the parent or lawful
custodian | ||||||
26 | of the child for other than a lawful purpose and the |
| |||||||
| |||||||
1 | offense was
committed on or after January 1, 1998, provided | ||||||
2 | the offense was sexually motivated as defined in Section 10 | ||||||
3 | of the Sex Offender Management Board Act). | ||||||
4 | (E-10) As used in this Article, "sexual predator" also | ||||||
5 | means a person required to register in another State due to a | ||||||
6 | conviction, adjudication or other action of any court | ||||||
7 | triggering an obligation to register as a sex offender, sexual | ||||||
8 | predator, or substantially similar status under the laws of | ||||||
9 | that State. | ||||||
10 | (F) As used in this Article, "out-of-state student" means | ||||||
11 | any sex
offender, as defined in this Section,
or sexual | ||||||
12 | predator who is enrolled in Illinois, on a full-time or | ||||||
13 | part-time
basis, in any public or private educational | ||||||
14 | institution, including, but not
limited to, any secondary | ||||||
15 | school, trade or professional institution, or
institution of | ||||||
16 | higher learning.
| ||||||
17 | (G) As used in this Article, "out-of-state employee" means | ||||||
18 | any sex
offender, as defined in this Section,
or sexual | ||||||
19 | predator who works in Illinois, regardless of whether the | ||||||
20 | individual
receives payment for services performed, for a | ||||||
21 | period of time of 10 or more days
or for an aggregate period of | ||||||
22 | time of 30 or more days
during any calendar year.
Persons who | ||||||
23 | operate motor vehicles in the State accrue one day of | ||||||
24 | employment
time for any portion of a day spent in Illinois.
| ||||||
25 | (H) As used in this Article, "school" means any public or | ||||||
26 | private educational institution, including, but not limited |
| |||||||
| |||||||
1 | to, any elementary or secondary school, trade or professional | ||||||
2 | institution, or institution of higher education. | ||||||
3 | (I) As used in this Article, "fixed residence" means any | ||||||
4 | and all places that a sex offender resides for an aggregate | ||||||
5 | period of time of 5 or more days in a calendar year.
| ||||||
6 | (J) As used in this Article, "Internet protocol address" | ||||||
7 | means the string of numbers by which a location on the Internet | ||||||
8 | is identified by routers or other computers connected to the | ||||||
9 | Internet. | ||||||
10 | (Source: P.A. 100-428, eff. 1-1-18 .)
|