Bill Text: IL SB2589 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Criminal Code of 1961. Provides that public indecency and sexual exploitation of a child are Class 4 felonies if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2010-07-19 - Public Act . . . . . . . . . 96-1098 [SB2589 Detail]

Download: Illinois-2009-SB2589-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Sections 11-9 and 11-9.1 as follows:
(720 ILCS 5/11-9) (from Ch. 38, par. 11-9)
Sec. 11-9. Public indecency.
(a) Any person of the age of 17 years and upwards who
performs any of the following acts in a public place commits a
public indecency:
(1) An act of sexual penetration or sexual conduct as
defined in Section 12-12 of this Code; or
(2) A lewd exposure of the body done with intent to
arouse or to satisfy the sexual desire of the person.
Breast-feeding of infants is not an act of public
indecency.
(b) "Public place" for purposes of this Section means any
place where the conduct may reasonably be expected to be viewed
by others.
(c) Sentence.
Public indecency is a Class A misdemeanor. A person
convicted of a third or subsequent violation for public
indecency is guilty of a Class 4 felony. Public indecency is a

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Class 4 felony if committed by a person 18 years of age or
older who is on or within 500 feet of elementary or secondary
school grounds when children are present on the grounds.
(Source: P.A. 91-115, eff. 1-1-00.)
(720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
Sec. 11-9.1. Sexual exploitation of a child.
(a) Any person commits sexual exploitation of a child if in
the presence of a child and with intent or knowledge that a
child would view his or her acts, that person:
(1) engages in a sexual act; or
(2) exposes his or her sex organs, anus or breast for
the purpose of sexual arousal or gratification of such
person or the child.
(a-5) A person commits sexual exploitation of a child who
knowingly entices, coerces, or persuades a child to remove the
child's clothing for the purpose of sexual arousal or
gratification of the person or the child, or both.
(b) Definitions. As used in this Section:
"Sexual act" means masturbation, sexual conduct or sexual
penetration as defined in Section 12-12 of this Code.
"Sex offense" means any violation of Article 11 of this
Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15,
12-16, or 12-16.2 of this Code.
"Child" means a person under 17 years of age.
(c) Sentence.

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(1) Sexual exploitation of a child is a Class A
misdemeanor. A second or subsequent violation of this
Section or a substantially similar law of another state is
a Class 4 felony.
(2) Sexual exploitation of a child is a Class 4 felony
if the person has been previously convicted of a sex
offense.
(3) Sexual exploitation of a child is a Class 4 felony
if the victim was under 13 years of age at the time of the
commission of the offense.
(4) Sexual exploitation of a child is a Class 4 felony
if committed by a person 18 years of age or older who is on
or within 500 feet of elementary or secondary school
grounds when children are present on the grounds.
(Source: P.A. 94-140, eff. 7-7-05.)