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Public Act 095-0819 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Sections 11-9.3 and 11-9.4 as follows:
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(720 ILCS 5/11-9.3)
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Sec. 11-9.3. Presence within school zone by child sex
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offenders prohibited.
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(a) It is unlawful for a child sex offender to knowingly be | ||||
present in any
school building, on real property comprising any | ||||
school, or in any conveyance
owned, leased, or contracted by a | ||||
school to transport students to or from
school or a school | ||||
related activity when persons under the age of 18 are
present | ||||
in the building, on the grounds or in
the conveyance, unless | ||||
the offender is a parent or guardian of a student attending the | ||||
school and the parent or guardian is: (i) attending a | ||||
conference at the school with school personnel to discuss the | ||||
progress of his or her child academically or socially, (ii) | ||||
participating in child review conferences in which evaluation | ||||
and placement decisions may be made with respect to his or her | ||||
child regarding special education services, or (iii) attending | ||||
conferences to discuss other student issues concerning his or | ||||
her child such as retention and promotion and notifies the |
principal of the school of his or her presence at the school or | ||
unless the
offender has permission to be present from the
| ||
superintendent or the school board or in the case of a private | ||
school from the
principal. In the case of a public school, if | ||
permission is granted, the
superintendent or school board | ||
president must inform the principal of the
school where the sex | ||
offender will be present. Notification includes the
nature of | ||
the sex offender's visit and the hours in which the sex | ||
offender will
be present in the school. The sex offender is | ||
responsible for notifying the
principal's office when he or she | ||
arrives on school property and when he or she
departs from | ||
school property. If the sex offender is to be present in the
| ||
vicinity of children, the sex offender has the duty to remain | ||
under the direct
supervision of a school official. A child sex | ||
offender who violates this
provision is
guilty of a Class 4 | ||
felony.
| ||
Nothing in this Section shall be construed to infringe upon | ||
the constitutional right of a child sex offender to be present | ||
in a school building that is used as a polling place for the | ||
purpose of voting.
| ||
(1) (Blank; or)
| ||
(2) (Blank.)
| ||
(b) It is unlawful for a child sex offender to knowingly | ||
loiter within 500 feet of a school building or real property | ||
comprising any school
while persons under the age of 18 are | ||
present in the building or on the
grounds,
unless the offender |
is a parent or guardian of a student attending the school and | ||
the parent or guardian is: (i) attending a conference at the | ||
school with school personnel to discuss the progress of his or | ||
her child academically or socially, (ii) participating in child | ||
review conferences in which evaluation and placement decisions | ||
may be made with respect to his or her child regarding special | ||
education services, or (iii) attending conferences to discuss | ||
other student issues concerning his or her child such as | ||
retention and promotion and notifies the principal of the | ||
school of his or her presence at the school or has permission | ||
to be present from the
superintendent or the school board or in | ||
the case of a private school from the
principal. In the case of | ||
a public school, if permission is granted, the
superintendent | ||
or school board president must inform the principal of the
| ||
school where the sex offender will be present. Notification | ||
includes the
nature of the sex offender's visit and the hours | ||
in which the sex offender will
be present in the school. The | ||
sex offender is responsible for notifying the
principal's | ||
office when he or she arrives on school property and when he or | ||
she
departs from school property. If the sex offender is to be | ||
present in the
vicinity of children, the sex offender has the | ||
duty to remain under the direct
supervision of a school | ||
official. A child sex offender who violates this
provision is
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guilty of a Class 4 felony.
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(1) (Blank; or)
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(2) (Blank.)
|
(b-5) It is unlawful for a child sex offender to knowingly | ||
reside within
500 feet of a school building or the real | ||
property comprising any school that
persons under the age of 18 | ||
attend. Nothing in this subsection (b-5) prohibits
a child sex | ||
offender from residing within 500 feet of a school building or | ||
the
real property comprising any school that persons under 18 | ||
attend if the
property is owned by the child sex offender and | ||
was purchased before the
effective date of this amendatory Act | ||
of the 91st General Assembly.
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(c) Definitions. In this Section:
| ||
(1) "Child sex offender" means any person who:
| ||
(i) has been charged under Illinois law, or any | ||
substantially similar
federal law
or law of another | ||
state, with a sex offense set forth in
paragraph (2) of | ||
this subsection (c) or the attempt to commit an | ||
included sex
offense, and:
| ||
(A) is convicted of such offense or an attempt | ||
to commit such offense;
or
| ||
(B) is found not guilty by reason of insanity | ||
of such offense or an
attempt to commit such | ||
offense; or
| ||
(C) is found not guilty by reason of insanity | ||
pursuant to subsection
(c) of Section 104-25 of the | ||
Code of Criminal Procedure of 1963 of such offense
| ||
or an attempt to commit such offense; or
| ||
(D) is the subject of a finding not resulting |
in an acquittal at a
hearing conducted pursuant to | ||
subsection (a) of Section 104-25 of the Code of
| ||
Criminal Procedure of 1963 for the alleged | ||
commission or attempted commission
of such | ||
offense; or
| ||
(E) is found not guilty by reason of insanity | ||
following a hearing
conducted pursuant to a | ||
federal law or the law of another state | ||
substantially
similar to subsection (c) of Section | ||
104-25 of the Code of Criminal Procedure
of 1963 of | ||
such offense or of the attempted commission of such | ||
offense; or
| ||
(F) is the subject of a finding not resulting | ||
in an acquittal at a
hearing
conducted pursuant to | ||
a federal law or the law of another state | ||
substantially
similar to subsection (a) of Section | ||
104-25 of the Code of Criminal Procedure
of 1963 | ||
for the alleged violation or attempted commission | ||
of such offense; or
| ||
(ii) is certified as a sexually dangerous person | ||
pursuant to the
Illinois
Sexually Dangerous Persons | ||
Act, or any substantially similar federal
law or the | ||
law of another state, when any conduct giving rise to | ||
such
certification is committed or attempted against a | ||
person less than 18 years of
age; or
| ||
(iii) is subject to the provisions of Section 2 of |
the Interstate
Agreements on Sexually Dangerous | ||
Persons Act.
| ||
Convictions that result from or are connected with the | ||
same act, or result
from offenses committed at the same | ||
time, shall be counted for the purpose of
this Section as | ||
one conviction. Any conviction set aside pursuant to law is
| ||
not a conviction for purposes of this Section.
| ||
(2) Except as otherwise provided in paragraph (2.5), | ||
"sex offense"
means:
| ||
(i) A violation of any of the following Sections of | ||
the Criminal Code of
1961: 10-7 (aiding and abetting | ||
child abduction under Section 10-5(b)(10)),
| ||
10-5(b)(10) (child luring), 11-6 (indecent | ||
solicitation of a child), 11-6.5
(indecent | ||
solicitation of an adult),
11-9 (public indecency when | ||
committed in a school, on the real property
comprising | ||
a school, or on a conveyance, owned, leased, or | ||
contracted by a
school to transport students to or from | ||
school or a school related activity),
11-9.1 (sexual | ||
exploitation of a child), 11-15.1 (soliciting for a | ||
juvenile
prostitute), 11-17.1 (keeping a place of | ||
juvenile prostitution), 11-18.1
(patronizing a | ||
juvenile prostitute), 11-19.1 (juvenile pimping),
| ||
11-19.2 (exploitation of a child), 11-20.1 (child | ||
pornography), 11-21 (harmful
material), 12-14.1
| ||
(predatory criminal sexual assault of a child), 12-33 |
(ritualized abuse of a
child), 11-20 (obscenity) (when | ||
that offense was committed in any school, on
real | ||
property comprising any school, in any conveyance | ||
owned,
leased, or contracted by a school to transport | ||
students to or from school or a
school related | ||
activity). An attempt to commit any of these offenses.
| ||
(ii) A violation of any of the following Sections | ||
of the Criminal Code
of 1961, when the victim is a | ||
person under 18 years of age: 12-13 (criminal
sexual | ||
assault), 12-14 (aggravated criminal sexual assault), | ||
12-15 (criminal
sexual abuse), 12-16 (aggravated | ||
criminal sexual abuse). An attempt to commit
any of | ||
these offenses.
| ||
(iii) A violation of any of the following Sections | ||
of the Criminal Code
of 1961, when the victim is a | ||
person under 18 years of age and the defendant is
not a | ||
parent of the victim:
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10-1 (kidnapping),
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10-2 (aggravated kidnapping),
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10-3 (unlawful restraint),
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10-3.1 (aggravated unlawful restraint).
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An attempt to commit any of these offenses.
| ||
(iv) A violation of any former law of this State | ||
substantially
equivalent to any offense listed in | ||
clause (2)(i) of subsection (c) of this
Section.
| ||
(2.5) For the purposes of subsection (b-5) only, a sex |
offense means:
| ||
(i) A violation of any of the following Sections of | ||
the Criminal Code of
1961:
| ||
10-5(b)(10) (child luring), 10-7 (aiding and | ||
abetting child abduction
under Section | ||
10-5(b)(10)), 11-6 (indecent solicitation of
a
| ||
child), 11-6.5 (indecent solicitation of an | ||
adult), 11-15.1 (soliciting for a
juvenile
| ||
prostitute), 11-17.1 (keeping a place of juvenile | ||
prostitution), 11-18.1
(patronizing a juvenile | ||
prostitute), 11-19.1 (juvenile pimping),
11-19.2 | ||
(exploitation of a child), 11-20.1 (child | ||
pornography), 12-14.1
(predatory criminal sexual | ||
assault of a child), or 12-33 (ritualized abuse of | ||
a
child). An attempt
to commit any of
these | ||
offenses.
| ||
(ii) A violation of any of the following Sections | ||
of the Criminal Code
of 1961, when the victim is a | ||
person under 18 years of age: 12-13 (criminal
sexual | ||
assault), 12-14 (aggravated criminal sexual assault),
| ||
12-16 (aggravated criminal sexual abuse), and | ||
subsection (a) of Section 12-15
(criminal sexual | ||
abuse). An attempt to commit
any of these offenses.
| ||
(iii) A violation of any of the following Sections | ||
of the Criminal Code
of 1961, when the victim is a | ||
person under 18 years of age and the defendant is
not a |
parent of the victim:
| ||
10-1 (kidnapping),
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10-2 (aggravated kidnapping),
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10-3 (unlawful restraint),
| ||
10-3.1 (aggravated unlawful restraint).
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An attempt to commit any of these offenses.
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(iv) A violation of any former law of this State | ||
substantially
equivalent to any offense listed in this | ||
paragraph (2.5) of
this subsection.
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(3) A conviction for an offense of federal law or the | ||
law of another state
that is substantially equivalent to | ||
any offense listed in paragraph (2) of
subsection (c) of | ||
this Section shall constitute a conviction for the purpose | ||
of
this Article. A finding or adjudication as a sexually | ||
dangerous person under
any federal law or law of another | ||
state that is substantially equivalent to the
Sexually | ||
Dangerous Persons Act shall constitute an adjudication for | ||
the
purposes of this Section.
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(4) "School" means a public or private
pre-school, | ||
elementary, or secondary school.
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(5) "Loiter" means:
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(i) Standing, sitting idly, whether or not the | ||
person is in a vehicle or
remaining in or around school | ||
property.
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(ii) Standing, sitting idly, whether or not the | ||
person is in a vehicle
or remaining in or around school |
property, for the purpose of committing or
attempting | ||
to commit a sex offense.
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(iii) Entering or remaining in a building in or | ||
around school property, other than the offender's | ||
residence.
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(6) "School official"
means the principal, a teacher, | ||
or any other certified employee of the
school, the | ||
superintendent of schools or a member of the school board.
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(c-5) For the purposes of this Section, the 500 feet | ||
distance shall be measured from the edge of the property of the | ||
school building or the real property comprising the school that | ||
is closest to the edge of the property of the child sex | ||
offender's residence or where he or she is loitering.
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(d) Sentence. A person who violates this Section is guilty | ||
of a Class 4
felony.
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(Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; | ||
94-170, eff. 7-11-05; revised 9-15-06.)
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(720 ILCS 5/11-9.4)
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Sec. 11-9.4. Approaching, contacting, residing, or | ||
communicating with a
child within certain places by child sex | ||
offenders
prohibited.
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(a) It is unlawful for a child sex offender to knowingly be | ||
present in any
public park building or on real property | ||
comprising any public park
when persons under the age of
18 are
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present in the building or on the grounds
and to approach, |
contact, or communicate with a child under 18 years of
age,
| ||
unless the
offender
is a parent or guardian of a person under | ||
18 years of age present in the
building or on the
grounds.
| ||
(b) It is unlawful for a child sex offender to knowingly | ||
loiter on a public
way within 500 feet of a public park | ||
building or real property comprising any
public park
while | ||
persons under the age of 18 are present in the building or on | ||
the
grounds
and to approach, contact, or communicate with a | ||
child under 18 years of
age,
unless the offender
is a parent or | ||
guardian of a person under 18 years of age present in the
| ||
building or on the grounds.
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(b-5) It is unlawful for a child sex offender to knowingly | ||
reside within
500 feet of a playground, child care institution, | ||
day care center, part day child care facility, or a facility | ||
providing programs or services
exclusively directed toward | ||
persons under 18 years of age. Nothing in this
subsection (b-5) | ||
prohibits a child sex offender from residing within 500 feet
of | ||
a playground or a facility providing programs or services | ||
exclusively
directed toward persons under 18 years of age if | ||
the property is owned by the
child sex offender and was | ||
purchased before the effective date of this
amendatory Act of | ||
the 91st General Assembly. Nothing in this
subsection (b-5) | ||
prohibits a child sex offender from residing within 500 feet
of | ||
a child care institution, day care center, or part day child | ||
care facility if the property is owned by the
child sex | ||
offender and was purchased before the effective date of this
|
amendatory Act of the 94th General Assembly.
| ||
(b-6) It is unlawful for a child sex offender to knowingly | ||
reside within
500 feet of the victim of the sex offense. | ||
Nothing in this
subsection (b-6) prohibits a child sex offender | ||
from residing within 500 feet
of the victim
if the property in | ||
which the child sex offender resides is owned by the
child sex | ||
offender and was purchased before the effective date of this
| ||
amendatory Act of the 92nd General Assembly.
| ||
This subsection (b-6) does not apply if the victim of the | ||
sex offense
is 21 years of age or older.
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(c) It is unlawful for a child sex offender to knowingly | ||
operate, manage,
be employed by, volunteer at, be associated | ||
with, or knowingly be present at
any: (i) facility providing
| ||
programs or services exclusively directed towards persons | ||
under the age of 18; (ii) day care center; (iii) part day child | ||
care facility; (iv) child care institution, or (v) school | ||
providing before and after school programs for children under | ||
18 years of age.
This does not prohibit a child sex offender | ||
from owning the real property upon
which the programs or | ||
services are offered or upon which the day care center, part | ||
day child care facility, child care institution, or school | ||
providing before and after school programs for children under | ||
18 years of age is located, provided the child sex offender
| ||
refrains from being present on the premises for the hours | ||
during which: (1) the
programs or services are being offered or | ||
(2) the day care center, part day child care facility, child |
care institution, or school providing before and after school | ||
programs for children under 18 years of age is operated.
| ||
(d) Definitions. In this Section:
| ||
(1) "Child sex offender" means any person who:
| ||
(i) has been charged under Illinois law, or any | ||
substantially similar
federal law
or law of another | ||
state, with a sex offense set forth in
paragraph (2) of | ||
this subsection (d) or the attempt to commit an | ||
included sex
offense, and:
| ||
(A) is convicted of such offense or an attempt | ||
to commit such offense;
or
| ||
(B) is found not guilty by reason of insanity | ||
of such offense or an
attempt to commit such | ||
offense; or
| ||
(C) is found not guilty by reason of insanity | ||
pursuant to subsection
(c) of Section 104-25 of the | ||
Code of Criminal Procedure of 1963 of such offense
| ||
or an attempt to commit such offense; or
| ||
(D) is the subject of a finding not resulting | ||
in an acquittal at a
hearing conducted pursuant to | ||
subsection (a) of Section 104-25 of the Code of
| ||
Criminal Procedure of 1963 for the alleged | ||
commission or attempted commission
of such | ||
offense; or
| ||
(E) is found not guilty by reason of insanity | ||
following a hearing
conducted pursuant to a |
federal law or the law of another state | ||
substantially
similar to subsection (c) of Section | ||
104-25 of the Code of Criminal Procedure
of 1963 of | ||
such offense or of the attempted commission of such | ||
offense; or
| ||
(F) is the subject of a finding not resulting | ||
in an acquittal at a
hearing
conducted pursuant to | ||
a federal law or the law of another state | ||
substantially
similar to subsection (a) of Section | ||
104-25 of the Code of Criminal Procedure
of 1963 | ||
for the alleged violation or attempted commission | ||
of such offense; or
| ||
(ii) is certified as a sexually dangerous person | ||
pursuant to the
Illinois
Sexually Dangerous Persons | ||
Act, or any substantially similar federal
law or the | ||
law of another state, when any conduct giving rise to | ||
such
certification is committed or attempted against a | ||
person less than 18 years of
age; or
| ||
(iii) is subject to the provisions of Section 2 of | ||
the Interstate
Agreements on Sexually Dangerous | ||
Persons Act.
| ||
Convictions that result from or are connected with the | ||
same act, or result
from offenses committed at the same | ||
time, shall be counted for the purpose of
this Section as | ||
one conviction. Any conviction set aside pursuant to law is
| ||
not a conviction for purposes of this Section.
|
(2) Except as otherwise provided in paragraph (2.5), | ||
"sex offense"
means:
| ||
(i) A violation of any of the following Sections of | ||
the Criminal Code of
1961: 10-7 (aiding and abetting | ||
child abduction under Section 10-5(b)(10)),
| ||
10-5(b)(10) (child luring), 11-6 (indecent | ||
solicitation of a child), 11-6.5
(indecent | ||
solicitation of an adult),
11-9 (public indecency when | ||
committed in a school, on the real property
comprising | ||
a school, on a conveyance owned, leased, or contracted | ||
by a
school to transport students to or from school or | ||
a school related activity, or
in a public park),
11-9.1 | ||
(sexual exploitation of a child), 11-15.1 (soliciting | ||
for a juvenile
prostitute), 11-17.1 (keeping a place of | ||
juvenile prostitution), 11-18.1
(patronizing a | ||
juvenile prostitute), 11-19.1 (juvenile pimping),
| ||
11-19.2 (exploitation of a child), 11-20.1 (child | ||
pornography), 11-21 (harmful
material), 12-14.1
| ||
(predatory criminal sexual assault of a child), 12-33 | ||
(ritualized abuse of a
child), 11-20 (obscenity) (when | ||
that offense was committed in any school, on
real | ||
property comprising any school, on any conveyance | ||
owned,
leased, or contracted by a school to transport | ||
students to or from school or a
school related | ||
activity, or in a public park). An attempt to commit | ||
any of
these offenses.
|
(ii) A violation of any of the following Sections | ||
of the Criminal Code
of 1961, when the victim is a | ||
person under 18 years of age: 12-13 (criminal
sexual | ||
assault), 12-14 (aggravated criminal sexual assault), | ||
12-15 (criminal
sexual abuse), 12-16 (aggravated | ||
criminal sexual abuse). An attempt to commit
any of | ||
these offenses.
| ||
(iii) A violation of any of the following Sections | ||
of the Criminal Code
of 1961, when the victim is a | ||
person under 18 years of age and the defendant is
not a | ||
parent of the victim:
| ||
10-1 (kidnapping),
| ||
10-2 (aggravated kidnapping),
| ||
10-3 (unlawful restraint),
| ||
10-3.1 (aggravated unlawful restraint).
| ||
An attempt to commit any of these offenses.
| ||
(iv) A violation of any former law of this State | ||
substantially
equivalent to any offense listed in | ||
clause (2)(i) of this subsection (d).
| ||
(2.5) For the purposes of subsection (b-5) only, a sex | ||
offense means:
| ||
(i) A violation of any of the following Sections of | ||
the Criminal Code of
1961:
| ||
10-5(b)(10) (child luring), 10-7 (aiding and | ||
abetting child abduction
under Section | ||
10-5(b)(10)), 11-6 (indecent solicitation of
a
|
child), 11-6.5 (indecent solicitation of an | ||
adult), 11-15.1 (soliciting for a
juvenile
| ||
prostitute), 11-17.1 (keeping a place of juvenile | ||
prostitution), 11-18.1
(patronizing a juvenile | ||
prostitute), 11-19.1 (juvenile pimping),
11-19.2 | ||
(exploitation of a child), 11-20.1 (child | ||
pornography), 12-14.1
(predatory criminal sexual | ||
assault of a child), or 12-33 (ritualized abuse of | ||
a
child). An attempt
to commit any of
these | ||
offenses.
| ||
(ii) A violation of any of the following Sections | ||
of the Criminal Code
of 1961, when the victim is a | ||
person under 18 years of age: 12-13 (criminal
sexual | ||
assault), 12-14 (aggravated criminal sexual assault),
| ||
12-16 (aggravated criminal sexual abuse), and | ||
subsection (a) of Section 12-15
(criminal sexual | ||
abuse). An attempt to commit
any of these offenses.
| ||
(iii) A violation of any of the following Sections | ||
of the Criminal Code
of 1961, when the victim is a | ||
person under 18 years of age and the defendant is
not a | ||
parent of the victim:
| ||
10-1 (kidnapping),
| ||
10-2 (aggravated kidnapping),
| ||
10-3 (unlawful restraint),
| ||
10-3.1 (aggravated unlawful restraint).
| ||
An attempt to commit any of these offenses.
|
(iv) A violation of any former law of this State | ||
substantially
equivalent to any offense listed in this | ||
paragraph (2.5) of
this subsection.
| ||
(3) A conviction for an offense of federal law or the | ||
law of another state
that is substantially equivalent to | ||
any offense listed in paragraph (2) of this
subsection (d) | ||
shall constitute a conviction for the purpose of
this | ||
Section. A finding or adjudication as a sexually dangerous | ||
person under
any federal law or law of another state that | ||
is substantially equivalent to the
Sexually Dangerous | ||
Persons Act shall constitute an adjudication for the
| ||
purposes of this Section.
| ||
(4) "Public park" includes a park, forest preserve, or
| ||
conservation
area
under the jurisdiction of the State or a | ||
unit of local government.
| ||
(5) "Facility providing programs or services directed | ||
towards persons
under
the age of 18" means any facility | ||
providing programs or services exclusively
directed | ||
towards persons under the age of 18.
| ||
(6) "Loiter" means:
| ||
(i) Standing, sitting idly, whether or not the | ||
person is in a vehicle or
remaining in or around public | ||
park property.
| ||
(ii) Standing, sitting idly, whether or not the | ||
person is in a vehicle
or remaining in or around public | ||
park property, for the purpose of committing
or
|
attempting to commit a sex offense.
| ||
(7) "Playground" means a piece of land owned or | ||
controlled by a unit
of
local government that is designated | ||
by the unit of local government for use
solely or primarily | ||
for children's recreation.
| ||
(8) "Child care institution" has the meaning ascribed | ||
to it in Section 2.06 of the Child Care Act of 1969.
| ||
(9) "Day care center" has the meaning ascribed to it in | ||
Section 2.09 of the Child Care Act of 1969. | ||
(10) "Part day child care facility" has the meaning | ||
ascribed to it in Section 2.10 of the Child Care Act of | ||
1969.
| ||
(d-5) For the purposes of this Section, the 500 feet | ||
distance shall be measured from the edge of the property | ||
comprising the public park building or the real property | ||
comprising the public park, playground, child care | ||
institution, day care center, part day child care facility, or | ||
a facility providing programs or services
exclusively directed | ||
toward persons under 18 years of age, or a victim of the sex | ||
offense who is under 21 years of age to the edge of the child | ||
sex offender's place of residence or where he or she is | ||
loitering.
| ||
(e) Sentence. A person who violates this Section is guilty | ||
of a Class 4
felony.
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(Source: P.A. 94-925, eff. 6-26-06.)
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