Public Act 095-0143
 		





HB2858 Enrolled
LRB095 06097 RLC 26190 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

 
    Section 5. The Criminal Code of 1961 is amended  by changing 
Section 11-6 as follows:
 



    (720 ILCS 5/11-6)  (from Ch. 38, par. 11-6)



    Sec. 11-6. Indecent solicitation of a child. 

    (a) A person of the age of 17 years and upwards commits the 
offense of
indecent solicitation of a child if the person, with 
the intent that the
offense of aggravated criminal sexual 
assault, criminal sexual assault,
predatory criminal sexual 
assault of a child, or aggravated criminal sexual
abuse be 
committed, knowingly solicits a child or one whom he or she 
believes
to be a child to perform an act of sexual penetration 
or sexual conduct as
defined in Section 12-12 of this Code.

    (a-5) A person of the age of 17 years and upwards commits 
the offense of
indecent solicitation of a child if the person 
knowingly discusses an act of sexual conduct or sexual 
penetration with a child or with one whom he or she believes
to 
be a child by means of the Internet with the intent that the 
offense of aggravated criminal sexual assault, predatory 
criminal sexual assault of a child, or aggravated criminal 
sexual abuse be committed.
    (a-6) It is not a defense to subsection (a-5) that the 
person did not solicit the child to perform sexual conduct or 
sexual penetration with the person.

    (b) Definitions.  As used in this Section:


        "Solicit" means to command, authorize, urge, incite, 
    request, or
advise another to perform an act by any means 
    including, but not limited to, in
person, over the phone, 
    in writing, by computer, or by advertisement of any
kind.


        "Child" means a person under 17 years of age.

        "Internet" means an interactive computer service or 
    system or an
information service, system, or access 
    software provider that provides or
enables computer access 
    by multiple users to a computer server, and includes,
but 
    is not limited to, an information service, system, or 
    access software
provider that provides access to a network 
    system commonly known as the
Internet, or any comparable 
    system or service and also includes, but is not
limited to, 
    a World Wide Web page, newsgroup, message board, mailing 
    list, or
chat area on any interactive computer service or 
    system or other online
service.

        "Sexual penetration" or "sexual conduct" are defined 
    in Section 12-12 of this Code.

    (c) Sentence.  Indecent solicitation of a child under 
subsection (a) is:


        (1) a Class 1 felony when the act, if done, would be 
    predatory criminal
sexual assault of a child or aggravated 
    criminal sexual assault;


        (2) a Class 2 felony when the act, if done, would be 
    criminal sexual
assault;


        (3) a Class 3 felony when the act, if done, would be 
    aggravated criminal
sexual abuse.

    Indecent solicitation of a child under subsection (a-5) is 
a Class 4 felony.

(Source: P.A. 91-226, eff. 7-22-99.)