94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5809


 
Introduced 07/28/06, by Rep. Tom Cross
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Criminal Code of 1961.  Provides that a person of the age of 17 years and upwards commits the offense of
indecent solicitation of a child if the person, by means of the Internet, discusses actual or simulated sex acts with a child or with one whom he or she believes
to be a child.  Provides that it is not a defense to this provision that the person did not solicit the child to perform a sex act with the person.  Provides that a violation of this provision is a Class 4 felony.  Effective March 1, 2007.
















LRB094 21110 RLC 59439 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5809

LRB094 21110 RLC 59439 b






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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 
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Section 11-6 as follows:
 



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



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

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

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    (a-5) A person of the age of 17 years and upwards commits 
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the offense of
indecent solicitation of a child if the person, 
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by means of the Internet, discusses actual or simulated sex 
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acts with a child or with one whom he or she believes
to be a 
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child.
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    (a-6) It is not a defense to subsection (a-5) that the 
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person did not solicit the child to perform a sex act with the 
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person.

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    (b) Definitions.  As used in this Section:


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


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

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        "Internet" means an interactive computer service or 
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    system or an
information service, system, or access 
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    software provider that provides or
enables computer access 
 


 






HB5809
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LRB094 21110 RLC 59439 b




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

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        "Sex act" means an act of sexual penetration or sexual 
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    conduct as defined in Section 12-12 of this Code.

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


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


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


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

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

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

 

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    Section 99. Effective date. This Act takes effect March 1, 
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2007.