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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, | |||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by | |||||||||||||||||||||||
5 | changing Sections 10-9, 11-9.3, and 11-25 as follows:
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6 | (720 ILCS 5/10-9) | |||||||||||||||||||||||
7 | Sec. 10-9. Trafficking in persons, involuntary servitude, | |||||||||||||||||||||||
8 | and related offenses. | |||||||||||||||||||||||
9 | (a) Definitions. In this Section: | |||||||||||||||||||||||
10 | (1) "Intimidation" has the meaning prescribed in Section | |||||||||||||||||||||||
11 | 12-6. | |||||||||||||||||||||||
12 | (2) "Commercial sexual activity" means any sex act on | |||||||||||||||||||||||
13 | account of which anything of value is given, promised to, or | |||||||||||||||||||||||
14 | received by any person. | |||||||||||||||||||||||
15 | (2.5) "Company" means any sole proprietorship, | |||||||||||||||||||||||
16 | organization, association, corporation, partnership, joint | |||||||||||||||||||||||
17 | venture, limited partnership, limited liability partnership, | |||||||||||||||||||||||
18 | limited liability limited partnership, limited liability | |||||||||||||||||||||||
19 | company, or other entity or business association, including | |||||||||||||||||||||||
20 | all wholly owned subsidiaries, majority-owned subsidiaries, | |||||||||||||||||||||||
21 | parent companies, or affiliates of those entities or business | |||||||||||||||||||||||
22 | associations, that exist for the purpose of making profit. | |||||||||||||||||||||||
23 | (3) "Financial harm" includes intimidation that brings |
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1 | about financial loss, criminal usury, or employment contracts | ||||||
2 | that violate the Frauds Act. | ||||||
3 | (4) (Blank). | ||||||
4 | (5) "Labor" means work of economic or financial value. | ||||||
5 | (6) "Maintain" means, in relation to labor or services, to | ||||||
6 | secure continued performance thereof, regardless of any | ||||||
7 | initial agreement on the part of the victim to perform that | ||||||
8 | type of service. | ||||||
9 | (7) "Obtain" means, in relation to labor or services, to | ||||||
10 | secure performance thereof. | ||||||
11 | (7.5) "Serious harm" means any harm, whether physical or | ||||||
12 | nonphysical, including psychological, financial, or | ||||||
13 | reputational harm, that is sufficiently serious, under all the | ||||||
14 | surrounding circumstances, to compel a reasonable person of | ||||||
15 | the same background and in the same circumstances to perform | ||||||
16 | or to continue performing labor or services in order to avoid | ||||||
17 | incurring that harm. | ||||||
18 | (8) "Services" means activities resulting from a | ||||||
19 | relationship between a person and the actor in which the | ||||||
20 | person performs activities under the supervision of or for the | ||||||
21 | benefit of the actor. Commercial sexual activity and | ||||||
22 | sexually-explicit performances are forms of activities that | ||||||
23 | are "services" under this Section. Nothing in this definition | ||||||
24 | may be construed to legitimize or legalize prostitution. | ||||||
25 | (9) "Sexually-explicit performance" means a live, | ||||||
26 | recorded, broadcast (including over the Internet), or public |
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1 | act or show intended to arouse or satisfy the sexual desires or | ||||||
2 | appeal to the prurient interests of patrons. | ||||||
3 | (10) "Trafficking victim" means a person subjected to the | ||||||
4 | practices set forth in subsection (b), (c), or (d). | ||||||
5 | (b) Involuntary servitude. A person commits involuntary | ||||||
6 | servitude when he or she knowingly subjects, attempts to | ||||||
7 | subject, or engages in a conspiracy to subject another person | ||||||
8 | to labor or services obtained or maintained through any of the | ||||||
9 | following means, or any combination of these means: | ||||||
10 | (1) causes or threatens to cause physical harm to any | ||||||
11 | person; | ||||||
12 | (2) physically restrains or threatens to physically | ||||||
13 | restrain another person; | ||||||
14 | (3) abuses or threatens to abuse the law or legal | ||||||
15 | process; | ||||||
16 | (4) knowingly destroys, conceals, removes, | ||||||
17 | confiscates, or possesses any actual or purported passport | ||||||
18 | or other immigration document, or any other actual or | ||||||
19 | purported government identification document, of another | ||||||
20 | person; | ||||||
21 | (5) uses intimidation, or exerts financial control | ||||||
22 | over any person; or | ||||||
23 | (6) uses any scheme, plan, or pattern intended to | ||||||
24 | cause the person to believe that, if the person did not | ||||||
25 | perform the labor or services, that person or another | ||||||
26 | person would suffer serious harm or physical restraint. |
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1 | Sentence. Except as otherwise provided in subsection (e) | ||||||
2 | or (f), a violation of subsection (b)(1) is a Class X felony, | ||||||
3 | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) | ||||||
4 | is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. | ||||||
5 | (c) Involuntary sexual servitude of a minor. A person | ||||||
6 | commits involuntary sexual servitude of a minor when he or she | ||||||
7 | knowingly recruits, entices, harbors, transports, provides, or | ||||||
8 | obtains by any means, or attempts to recruit, entice, harbor, | ||||||
9 | provide, or obtain by any means, another person under 18 years | ||||||
10 | of age, knowing that the minor will engage in commercial | ||||||
11 | sexual activity, a sexually-explicit performance, or the | ||||||
12 | production of pornography, or causes or attempts to cause a | ||||||
13 | minor to engage in one or more of those activities and: | ||||||
14 | (1) there is no overt force or threat and the minor is | ||||||
15 | between the ages of 17 and 18 years; | ||||||
16 | (2) there is no overt force or threat and the minor is | ||||||
17 | under the age of 17 years; or | ||||||
18 | (3) there is overt force or threat. | ||||||
19 | Sentence. Except as otherwise provided in subsection (e) | ||||||
20 | or (f), a violation of subsection (c)(1) is a Class 1 felony, | ||||||
21 | (c)(2) is a Class X felony, and (c)(3) is a Class X felony. | ||||||
22 | (d) Trafficking in persons. A person commits trafficking | ||||||
23 | in persons when he or she knowingly: (1) recruits, entices, | ||||||
24 | harbors, transports, provides, or obtains by any means, or | ||||||
25 | attempts to recruit, entice, harbor, transport, provide, or | ||||||
26 | obtain by any means, another person, intending or knowing that |
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1 | the person will be subjected to involuntary servitude; or (2) | ||||||
2 | benefits, financially or by receiving anything of value, from | ||||||
3 | participation in a venture that has engaged in an act of | ||||||
4 | involuntary servitude or involuntary sexual servitude of a | ||||||
5 | minor. A company commits trafficking in persons when the | ||||||
6 | company knowingly benefits, financially or by receiving | ||||||
7 | anything of value, from participation in a venture that has | ||||||
8 | engaged in an act of involuntary servitude or involuntary | ||||||
9 | sexual servitude of a minor. | ||||||
10 | Sentence. Except as otherwise provided in subsection (e) | ||||||
11 | or (f), a violation of this subsection by a person is a Class 1 | ||||||
12 | felony. A violation of this subsection by a company is a | ||||||
13 | business offense for which a fine of up to $100,000 may be | ||||||
14 | imposed. | ||||||
15 | (e) Aggravating factors. A violation of this Section | ||||||
16 | involving kidnapping or an attempt to kidnap, aggravated | ||||||
17 | criminal sexual assault or an attempt to commit aggravated | ||||||
18 | criminal sexual assault, or an attempt to commit first degree | ||||||
19 | murder is a Class X felony. | ||||||
20 | (f) Sentencing considerations. | ||||||
21 | (1) Bodily injury. If, pursuant to a violation of this | ||||||
22 | Section, a victim suffered bodily injury, the defendant | ||||||
23 | may be sentenced to an extended-term sentence under | ||||||
24 | Section 5-8-2 of the Unified Code of Corrections. The | ||||||
25 | sentencing court must take into account the time in which | ||||||
26 | the victim was held in servitude, with increased penalties |
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1 | for cases in which the victim was held for between 180 days | ||||||
2 | and one year, and increased penalties for cases in which | ||||||
3 | the victim was held for more than one year. | ||||||
4 | (2) Number of victims. In determining sentences within | ||||||
5 | statutory maximums, the sentencing court should take into | ||||||
6 | account the number of victims, and may provide for | ||||||
7 | substantially increased sentences in cases involving more | ||||||
8 | than 10 victims. | ||||||
9 | (g) Restitution. Restitution is mandatory under this | ||||||
10 | Section. In addition to any other amount of loss identified, | ||||||
11 | the court shall order restitution including the greater of (1) | ||||||
12 | the gross income or value to the defendant of the victim's | ||||||
13 | labor or services or (2) the value of the victim's labor as | ||||||
14 | guaranteed under the Minimum Wage Law and overtime provisions | ||||||
15 | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, | ||||||
16 | whichever is greater. | ||||||
17 | (g-5) Fine distribution. If the court imposes a fine under | ||||||
18 | subsection (b), (c), or (d) of this Section, it shall be | ||||||
19 | collected and distributed to the Specialized Services for | ||||||
20 | Survivors of Human Trafficking Fund in accordance with Section | ||||||
21 | 5-9-1.21 of the Unified Code of Corrections. | ||||||
22 | (h) Trafficking victim services. Subject to the | ||||||
23 | availability of funds, the Department of Human Services may | ||||||
24 | provide or fund emergency services and assistance to | ||||||
25 | individuals who are victims of one or more offenses defined in | ||||||
26 | this Section. |
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1 | (i) Certification. The Attorney General, a State's | ||||||
2 | Attorney, or any law enforcement official shall certify in | ||||||
3 | writing to the United States Department of Justice or other | ||||||
4 | federal agency, such as the United States Department of | ||||||
5 | Homeland Security, that an investigation or prosecution under | ||||||
6 | this Section has begun and the individual who is a likely | ||||||
7 | victim of a crime described in this Section is willing to | ||||||
8 | cooperate or is cooperating with the investigation to enable | ||||||
9 | the individual, if eligible under federal law, to qualify for | ||||||
10 | an appropriate special immigrant visa and to access available | ||||||
11 | federal benefits. Cooperation with law enforcement shall not | ||||||
12 | be required of victims of a crime described in this Section who | ||||||
13 | are under 18 years of age. This certification shall be made | ||||||
14 | available to the victim and his or her designated legal | ||||||
15 | representative. | ||||||
16 | (j) A person who commits involuntary servitude, | ||||||
17 | involuntary sexual servitude of a minor, or trafficking in | ||||||
18 | persons under subsection (b), (c), or (d) of this Section is | ||||||
19 | subject to the property forfeiture provisions set forth in | ||||||
20 | Article 124B of the Code of Criminal Procedure of 1963. | ||||||
21 | (k) Prohibition of plea bargains. | ||||||
22 | (1) No person charged with involuntary sexual | ||||||
23 | servitude of a minor or trafficking in persons if the | ||||||
24 | victim is under 18 years of age shall be permitted to plead | ||||||
25 | down to lesser offenses. | ||||||
26 | (2) Prosecutors are prohibited from offering plea |
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1 | bargains to lesser offenses to those individuals charged | ||||||
2 | with involuntary sexual servitude of a minor or | ||||||
3 | trafficking in persons if the victim is under 18 years of | ||||||
4 | age. | ||||||
5 | (Source: P.A. 101-18, eff. 1-1-20 .)
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6 | (720 ILCS 5/11-9.3) | ||||||
7 | Sec. 11-9.3. Presence within school zone by child sex | ||||||
8 | offenders prohibited; approaching, contacting, residing with, | ||||||
9 | or communicating with a child within certain places by child | ||||||
10 | sex offenders prohibited. | ||||||
11 | (a) It is unlawful for a child sex offender to knowingly be | ||||||
12 | present in any school building, on real property comprising | ||||||
13 | any school, or in any conveyance owned, leased, or contracted | ||||||
14 | by a 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 | ||||||
24 | conferences to discuss other student issues concerning his or | ||||||
25 | her child such as retention and promotion and notifies the |
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1 | principal of the school of his or her presence at the school or | ||||||
2 | unless the offender has permission to be present from the | ||||||
3 | superintendent or the school board or in the case of a private | ||||||
4 | school from the principal. In the case of a public school, if | ||||||
5 | permission is granted, the superintendent or school board | ||||||
6 | president must inform the principal of the school where the | ||||||
7 | sex offender will be present. Notification includes the nature | ||||||
8 | of the sex offender's visit and the hours in which the sex | ||||||
9 | offender will be present in the school. The sex offender is | ||||||
10 | responsible for notifying the principal's office when he or | ||||||
11 | she arrives on school property and when he or she departs from | ||||||
12 | school property. If the sex offender is to be present in the | ||||||
13 | vicinity of children, the sex offender has the duty to remain | ||||||
14 | under the direct supervision of a school official. | ||||||
15 | (a-5) It is unlawful for a child sex offender to knowingly | ||||||
16 | be present within 100 feet of a site posted as a pick-up or | ||||||
17 | discharge stop for a conveyance owned, leased, or contracted | ||||||
18 | by a school to transport students to or from school or a school | ||||||
19 | related activity when one or more persons under the age of 18 | ||||||
20 | are present at the site. | ||||||
21 | (a-10) It is unlawful for a child sex offender to | ||||||
22 | knowingly be present in any public park building, a playground | ||||||
23 | or recreation area within any publicly accessible privately | ||||||
24 | owned building, or on real property comprising any public park | ||||||
25 | when persons under the age of 18 are present in the building or | ||||||
26 | on the grounds and to approach, contact, or communicate with a |
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1 | child under 18 years of age, unless the offender is a parent or | ||||||
2 | guardian of a person under 18 years of age present in the | ||||||
3 | building or on the grounds. | ||||||
4 | (b) It is unlawful for a child sex offender to knowingly | ||||||
5 | loiter within 500 feet of a school building or real property | ||||||
6 | comprising any school while persons under the age of 18 are | ||||||
7 | present in the building or on the grounds, unless the offender | ||||||
8 | is a parent or guardian of a student attending the school and | ||||||
9 | the parent or guardian is: (i) attending a conference at the | ||||||
10 | school with school personnel to discuss the progress of his or | ||||||
11 | her child academically or socially, (ii) participating in | ||||||
12 | child review conferences in which evaluation and placement | ||||||
13 | decisions may be made with respect to his or her child | ||||||
14 | regarding special education services, or (iii) attending | ||||||
15 | conferences to discuss other student issues concerning his or | ||||||
16 | her child such as retention and promotion and notifies the | ||||||
17 | principal of the school of his or her presence at the school or | ||||||
18 | has permission to be present from the superintendent or the | ||||||
19 | school board or in the case of a private school from the | ||||||
20 | principal. In the case of a public school, if permission is | ||||||
21 | granted, the superintendent or school board president must | ||||||
22 | inform the principal of the school where the sex offender will | ||||||
23 | be present. Notification includes the nature of the sex | ||||||
24 | offender's visit and the hours in which the sex offender will | ||||||
25 | be present in the school. The sex offender is responsible for | ||||||
26 | notifying the principal's office when he or she arrives on |
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1 | school property and when he or she departs from school | ||||||
2 | property. If the sex offender is to be present in the vicinity | ||||||
3 | of children, the sex offender has the duty to remain under the | ||||||
4 | direct supervision of a school official. | ||||||
5 | (b-2) It is unlawful for a child sex offender to knowingly | ||||||
6 | loiter on a public way within 500 feet of a public park | ||||||
7 | building or real property comprising any public park while | ||||||
8 | persons under the age of 18 are present in the building or on | ||||||
9 | the grounds and to approach, contact, or communicate with a | ||||||
10 | child under 18 years of age, unless the offender is a parent or | ||||||
11 | guardian of a person under 18 years of age present in the | ||||||
12 | building or on the grounds. | ||||||
13 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
14 | reside within 500 feet of a school building or the real | ||||||
15 | property comprising any school that persons under the age of | ||||||
16 | 18 attend. Nothing in this subsection (b-5) prohibits a child | ||||||
17 | sex offender from residing within 500 feet of a school | ||||||
18 | building or the real property comprising any school that | ||||||
19 | persons under 18 attend if the property is owned by the child | ||||||
20 | sex offender and was purchased before July 7, 2000 (the | ||||||
21 | effective date of Public Act 91-911). | ||||||
22 | (b-10) It is unlawful for a child sex offender to | ||||||
23 | knowingly reside within 500 feet of a playground, child care | ||||||
24 | institution, day care center, part day child care facility, | ||||||
25 | day care home, group day care home, or a facility providing | ||||||
26 | programs or services exclusively directed toward persons under |
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1 | 18 years of age. Nothing in this subsection (b-10) prohibits a | ||||||
2 | child sex offender from residing within 500 feet of a | ||||||
3 | playground or a facility providing programs or services | ||||||
4 | exclusively directed toward persons under 18 years of age if | ||||||
5 | the property is owned by the child sex offender and was | ||||||
6 | purchased before July 7, 2000. Nothing in this subsection | ||||||
7 | (b-10) prohibits a child sex offender from residing within 500 | ||||||
8 | feet of a child care institution, day care center, or part day | ||||||
9 | child care facility if the property is owned by the child sex | ||||||
10 | offender and was purchased before June 26, 2006. Nothing in | ||||||
11 | this subsection (b-10) prohibits a child sex offender from | ||||||
12 | residing within 500 feet of a day care home or group day care | ||||||
13 | home if the property is owned by the child sex offender and was | ||||||
14 | purchased before August 14, 2008 (the effective date of Public | ||||||
15 | Act 95-821). | ||||||
16 | (b-15) It is unlawful for a child sex offender to | ||||||
17 | knowingly reside within 500 feet of the victim of the sex | ||||||
18 | offense. Nothing in this subsection (b-15) prohibits a child | ||||||
19 | sex offender from residing within 500 feet of the victim if the | ||||||
20 | property in which the child sex offender resides is owned by | ||||||
21 | the child sex offender and was purchased before August 22, | ||||||
22 | 2002. | ||||||
23 | This subsection (b-15) does not apply if the victim of the | ||||||
24 | sex offense is 21 years of age or older. | ||||||
25 | (b-20) It is unlawful for a child sex offender to | ||||||
26 | knowingly communicate, other than for a lawful purpose under |
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1 | Illinois law, using the Internet or any other digital media, | ||||||
2 | with a person under 18 years of age or with a person whom he or | ||||||
3 | she believes to be a person under 18 years of age, unless the | ||||||
4 | offender is a parent or guardian of the person under 18 years | ||||||
5 | of age. | ||||||
6 | (c) It is unlawful for a child sex offender to knowingly | ||||||
7 | operate, manage, be employed by, volunteer at, be associated | ||||||
8 | with, or knowingly be present at any: (i) facility providing | ||||||
9 | programs , or services , or entertainment exclusively directed | ||||||
10 | toward persons under the age of 18; (ii) day care center; (iii) | ||||||
11 | part day child care facility; (iv) child care institution; (v) | ||||||
12 | school providing before and after school programs for children | ||||||
13 | under 18 years of age; (vi) day care home; or (vii) group day | ||||||
14 | care home. This does not prohibit a child sex offender from | ||||||
15 | owning the real property upon which the programs or services | ||||||
16 | are offered or upon which the day care center, part day child | ||||||
17 | care facility, child care institution, or school providing | ||||||
18 | before and after school programs for children under 18 years | ||||||
19 | of age is located, provided the child sex offender refrains | ||||||
20 | from being present on the premises for the hours during which: | ||||||
21 | (1) the programs or services are being offered or (2) the day | ||||||
22 | care center, part day child care facility, child care | ||||||
23 | institution, or school providing before and after school | ||||||
24 | programs for children under 18 years of age, day care home, or | ||||||
25 | group day care home is operated. | ||||||
26 | (c-2) It is unlawful for a child sex offender to |
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1 | participate in a holiday event involving children under 18 | ||||||
2 | years of age, including but not limited to distributing candy | ||||||
3 | or other items to children on Halloween, wearing a Santa Claus | ||||||
4 | costume on or preceding Christmas, being employed as a | ||||||
5 | department store Santa Claus, or wearing an Easter Bunny | ||||||
6 | costume on or preceding Easter. For the purposes of this | ||||||
7 | subsection, child sex offender has the meaning as defined in | ||||||
8 | this Section, but does not include as a sex offense under | ||||||
9 | paragraph (2) of subsection (d) of this Section, the offense | ||||||
10 | under subsection (c) of Section 11-1.50 of this Code. This | ||||||
11 | subsection does not apply to a child sex offender who is a | ||||||
12 | parent or guardian of children under 18 years of age that are | ||||||
13 | present in the home and other non-familial minors are not | ||||||
14 | present. | ||||||
15 | (c-5) It is unlawful for a child sex offender to knowingly | ||||||
16 | operate, manage, be employed by, or be associated with any | ||||||
17 | carnival, amusement enterprise, or county or State fair when | ||||||
18 | 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 | ||||||
12 | limited to an ice cream truck; (2) an authorized emergency | ||||||
13 | vehicle; or (3) a rescue vehicle. | ||||||
14 | (d) Definitions. In this Section: | ||||||
15 | (1) "Child sex offender" means any person who: | ||||||
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: | ||||||
22 | (A) is convicted of such offense or an attempt | ||||||
23 | to commit such offense; or | ||||||
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 | ||||||
3 | the Code of Criminal Procedure of 1963 of such | ||||||
4 | offense or an attempt to commit such offense; or | ||||||
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 | ||||||
8 | Criminal Procedure of 1963 for the alleged | ||||||
9 | commission or attempted commission of such | ||||||
10 | offense; or | ||||||
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 | ||||||
16 | of such offense or of the attempted commission of | ||||||
17 | such offense; or | ||||||
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 | ||||||
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 | ||||||
5 | (iii) is subject to the provisions of Section 2 of | ||||||
6 | the Interstate Agreements on Sexually Dangerous | ||||||
7 | Persons Act. | ||||||
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 | ||||||
12 | is not a conviction for purposes of this Section. | ||||||
13 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
14 | "sex offense" means: | ||||||
15 | (i) A violation of any of the following Sections | ||||||
16 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
17 | 2012: 10-4 (forcible detention), 10-7 (aiding or | ||||||
18 | abetting child abduction under Section 10-5(b)(10)), | ||||||
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 |
| |||||||
| |||||||
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 | ||||||
22 | students to or from school or a school related | ||||||
23 | activity, or in a public park). An attempt to commit | ||||||
24 | any of these 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), 11-1.50 | ||||||
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 | (2.5) For the purposes of subsections (b-5) and (b-10) | ||||||
22 | only, a sex offense means: | ||||||
23 | (i) A violation of any of the following Sections | ||||||
24 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
25 | 2012: | ||||||
26 | 10-5(b)(10) (child luring), 10-7 (aiding or |
| |||||||
| |||||||
1 | abetting child abduction under Section 10-5(b)(10)), | ||||||
2 | 11-1.40 (predatory criminal sexual assault of a | ||||||
3 | child), 11-6 (indecent solicitation of a child), | ||||||
4 | 11-6.5 (indecent solicitation of an adult), 11-9.2 | ||||||
5 | (custodial sexual misconduct), 11-9.5 (sexual | ||||||
6 | misconduct with a person with a disability), 11-11 | ||||||
7 | (sexual relations within families), 11-14.3(a)(1) | ||||||
8 | (promoting prostitution by advancing prostitution), | ||||||
9 | 11-14.3(a)(2)(A) (promoting prostitution by profiting | ||||||
10 | from prostitution by compelling a person to be a | ||||||
11 | prostitute), 11-14.3(a)(2)(C) (promoting prostitution | ||||||
12 | by profiting from prostitution by means other than as | ||||||
13 | described in subparagraphs (A) and (B) of paragraph | ||||||
14 | (2) of subsection (a) of Section 11-14.3), 11-14.4 | ||||||
15 | (promoting juvenile prostitution), 11-18.1 | ||||||
16 | (patronizing a juvenile prostitute), 11-20.1 (child | ||||||
17 | pornography), 11-20.1B (aggravated child pornography), | ||||||
18 | 11-25 (grooming), 11-26 (traveling to meet a minor or | ||||||
19 | traveling to meet a child), or 12-33 (ritualized abuse | ||||||
20 | of a child). An attempt to commit any of these | ||||||
21 | offenses. | ||||||
22 | (ii) A violation of any of the following Sections | ||||||
23 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
24 | 2012, when the victim is a person under 18 years of | ||||||
25 | age: 11-1.20 (criminal sexual assault), 11-1.30 | ||||||
26 | (aggravated criminal sexual assault), 11-1.60 |
| |||||||
| |||||||
1 | (aggravated criminal sexual abuse), and subsection (a) | ||||||
2 | of Section 11-1.50 (criminal sexual abuse). An attempt | ||||||
3 | to commit any of these offenses. | ||||||
4 | (iii) A violation of any of the following Sections | ||||||
5 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
6 | 2012, when the victim is a person under 18 years of age | ||||||
7 | and the defendant is not a parent of the victim: | ||||||
8 | 10-1 (kidnapping), | ||||||
9 | 10-2 (aggravated kidnapping), | ||||||
10 | 10-3 (unlawful restraint), | ||||||
11 | 10-3.1 (aggravated unlawful restraint), | ||||||
12 | 11-9.1(A) (permitting sexual abuse of a child). | ||||||
13 | An attempt to commit any of these offenses. | ||||||
14 | (iv) A violation of any former law of this State | ||||||
15 | substantially equivalent to any offense listed in this | ||||||
16 | paragraph (2.5) of this subsection. | ||||||
17 | (3) A conviction for an offense of federal law or the | ||||||
18 | law of another state that is substantially equivalent to | ||||||
19 | any offense listed in paragraph (2) of subsection (d) of | ||||||
20 | this Section shall constitute a conviction for the purpose | ||||||
21 | of this Section. A finding or adjudication as a sexually | ||||||
22 | dangerous person under any federal law or law of another | ||||||
23 | state that is substantially equivalent to the Sexually | ||||||
24 | Dangerous Persons Act shall constitute an adjudication for | ||||||
25 | the purposes of this Section. | ||||||
26 | (4) "Authorized emergency vehicle", "rescue vehicle", |
| |||||||
| |||||||
1 | and "vehicle" have the meanings ascribed to them in | ||||||
2 | Sections 1-105, 1-171.8 and 1-217, respectively, of the | ||||||
3 | Illinois Vehicle Code. | ||||||
4 | (5) "Child care institution" has the meaning ascribed | ||||||
5 | to it in Section 2.06 of the Child Care Act of 1969. | ||||||
6 | (6) "Day care center" has the meaning ascribed to it | ||||||
7 | in Section 2.09 of the Child Care Act of 1969. | ||||||
8 | (7) "Day care home" has the meaning ascribed to it in | ||||||
9 | Section 2.18 of the Child Care Act of 1969. | ||||||
10 | (8) "Facility providing programs or services directed | ||||||
11 | towards persons under the age of 18" means any facility | ||||||
12 | providing programs or services exclusively directed | ||||||
13 | towards persons under the age of 18. | ||||||
14 | (9) "Group day care home" has the meaning ascribed to | ||||||
15 | it in Section 2.20 of the Child Care Act of 1969. | ||||||
16 | (10) "Internet" has the meaning set forth in Section | ||||||
17 | 16-0.1 of this Code. | ||||||
18 | (11) "Loiter" means: | ||||||
19 | (i) Standing, sitting idly, whether or not the | ||||||
20 | person is in a vehicle, or remaining in or around | ||||||
21 | school or public park property. | ||||||
22 | (ii) Standing, sitting idly, whether or not the | ||||||
23 | person is in a vehicle, or remaining in or around | ||||||
24 | school or public park property, for the purpose of | ||||||
25 | committing or attempting to commit a sex offense. | ||||||
26 | (iii) Entering or remaining in a building in or |
| |||||||
| |||||||
1 | around school property, other than the offender's | ||||||
2 | residence. | ||||||
3 | (12) "Part day child care facility" has the meaning | ||||||
4 | ascribed to it in Section 2.10 of the Child Care Act of | ||||||
5 | 1969. | ||||||
6 | (13) "Playground" means a piece of land owned or | ||||||
7 | controlled by a unit of local government that is | ||||||
8 | designated by the unit of local government for use solely | ||||||
9 | or primarily for children's recreation. | ||||||
10 | (14) "Public park" includes a park, forest preserve, | ||||||
11 | bikeway, trail, or conservation area under the | ||||||
12 | jurisdiction of the State or a unit of local government. | ||||||
13 | (15) "School" means a public or private preschool or | ||||||
14 | elementary or secondary school. | ||||||
15 | (16) "School official" means the principal, a teacher, | ||||||
16 | or any other certified employee of the school, the | ||||||
17 | superintendent of schools or a member of the school board. | ||||||
18 | (e) For the purposes of this Section, the 500 feet | ||||||
19 | distance shall be measured from: (1) the edge of the property | ||||||
20 | of the school building or the real property comprising the | ||||||
21 | school that is closest to the edge of the property of the child | ||||||
22 | sex offender's residence or where he or she is loitering, and | ||||||
23 | (2) the edge of the property comprising the public park | ||||||
24 | building or the real property comprising the public park, | ||||||
25 | playground, child care institution, day care center, part day | ||||||
26 | child care facility, or facility providing programs or |
| |||||||
| |||||||
1 | services exclusively directed toward persons under 18 years of | ||||||
2 | age, or a victim of the sex offense who is under 21 years of | ||||||
3 | age, to the edge of the child sex offender's place of residence | ||||||
4 | or place where he or she is loitering. | ||||||
5 | (f) Sentence. A person who violates this Section is guilty | ||||||
6 | of a Class 4 felony. | ||||||
7 | (Source: P.A. 102-997, eff. 1-1-23 .)
| ||||||
8 | (720 ILCS 5/11-25) | ||||||
9 | Sec. 11-25. Grooming. | ||||||
10 | (a) A person commits grooming when he or she knowingly | ||||||
11 | uses a computer on-line service, Internet service, local | ||||||
12 | bulletin board service, or any other device capable of | ||||||
13 | electronic data storage or transmission, performs an act in | ||||||
14 | person or by conduct through a third party, or uses written | ||||||
15 | communication to seduce, solicit, lure, or entice, or attempt | ||||||
16 | to seduce, solicit, lure, or entice, a child, a child's | ||||||
17 | guardian, or another person believed by the person to be a | ||||||
18 | child or a child's guardian, to commit any sex offense as | ||||||
19 | defined in Section 2 of the Sex Offender Registration Act, to | ||||||
20 | distribute photographs depicting the sex organs of the child, | ||||||
21 | or to otherwise engage in any unlawful sexual conduct with a | ||||||
22 | child or with another person believed by the person to be a | ||||||
23 | child. As used in this Section, "child" means a person under 17 | ||||||
24 | years of age. | ||||||
25 | (a-5) Prohibition of plea bargains. |
| |||||||
| |||||||
1 | (1) No person charged with grooming shall be permitted | ||||||
2 | to plead down to lesser offenses. | ||||||
3 | (2) Prosecutors are prohibited from offering plea | ||||||
4 | bargains to lesser offenses to those individuals charged | ||||||
5 | with grooming. | ||||||
6 | (b) Sentence. Grooming is a Class 4 felony. | ||||||
7 | (Source: P.A. 102-676, eff. 6-1-22 .) |