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| Public Act 096-1098 | ||||
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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 and 11-9.1 as follows:
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(720 ILCS 5/11-9) (from Ch. 38, par. 11-9)
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Sec. 11-9. Public indecency.
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(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:
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(1) An act of sexual penetration or sexual conduct as | ||||
defined in Section
12-12 of this Code; or
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(2) A lewd exposure of the body done with intent to | ||||
arouse or to satisfy
the sexual desire of the person.
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Breast-feeding of infants is not an act of public | ||||
indecency.
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(b) "Public place" for purposes of this Section means any | ||||
place where
the conduct may reasonably be expected to be viewed | ||||
by others.
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(c) Sentence.
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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 | ||||
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.
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(Source: P.A. 91-115, eff. 1-1-00.)
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(720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
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Sec. 11-9.1. Sexual exploitation of a child.
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(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:
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(1) engages in a sexual act; or
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(2) exposes his or her sex organs, anus or breast for | ||
the purpose of
sexual arousal or gratification of such | ||
person or the child.
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(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.
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(b) Definitions. As used in this Section:
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"Sexual act" means masturbation, sexual conduct or sexual | ||
penetration
as defined in Section 12-12 of this Code.
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"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,
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12-16, or 12-16.2 of this Code.
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"Child" means a person under 17 years of age.
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(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.
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(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.
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(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.)
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