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90_HB0152ham001
LRB9000834RCksam03
1 AMENDMENT TO HOUSE BILL 152
2 AMENDMENT NO. . Amend House Bill 152 by replacing
3 the title with the following:
4 "AN ACT to amend the Criminal Code of 1961 by changing
5 Sections 11-6 and 11-6.5 and adding Section 16D-5.5."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 changing Sections 11-6 and 11-6.5 and adding Section 16D-5.5
10 as follows:
11 (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
12 Sec. 11-6. Indecent solicitation of a child.
13 (a) A person of the age of 17 years and upwards who
14 solicits a child under the age of 17, who is at least 3 years
15 younger than the defendant, 13 to do any act, or solicits a
16 person to arrange an act with a child under the age of 17,
17 who is at least 3 years younger than the defendant, 13, which
18 if done would be aggravated criminal sexual assault,
19 predatory criminal sexual assault of a child, criminal sexual
20 assault, aggravated criminal sexual abuse, or criminal sexual
21 abuse, commits indecent solicitation of a child.
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1 (b) It shall not be a defense to indecent solicitation
2 of a child that the accused reasonably believed the child to
3 be of the age of 17 13 years and upwards.
4 (c) Sentence.
5 Indecent solicitation of a child is:
6 (1) a Class A misdemeanor when the act, if done,
7 would be criminal sexual abuse;
8 (2) a Class 4 felony when the act, if done, would
9 be criminal sexual assault, aggravated criminal sexual
10 assault, or aggravated criminal sexual abuse.
11 (d) For the purposes of this Section, "solicits"
12 includes but is not limited to oral or written communication
13 and communication by telephone, computer, or other electronic
14 means. "Computer" has the meaning ascribed to it in Section
15 16D-2 of this Code.
16 (Source: P.A. 89-8, eff. 3-21-95; 89-203, eff. 7-21-95;
17 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
18 (720 ILCS 5/11-6.5)
19 Sec. 11-6.5. Indecent solicitation of an adult.
20 (a) A person commits indecent solicitation of an adult
21 if the person:
22 (1) Arranges for a person 17 years of age or over
23 to commit an act of sexual penetration as defined in
24 Section 12-12 with a person:
25 (i) Under the age of 13 years; or
26 (ii) Thirteen years of age or over but under
27 the age of 17 years; or
28 (2) Arranges for a person 17 years of age or over
29 to commit an act of sexual conduct as defined in Section
30 12-12 with a person:
31 (i) Under the age of 13 years; or
32 (ii) Thirteen years of age or older but under
33 the age of 17 years.
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1 (b) Sentence.
2 (1) Violation of paragraph (a)(1)(i) is a Class X
3 felony.
4 (2) Violation of paragraph (a)(1)(ii) is a Class 1
5 felony.
6 (3) Violation of paragraph (a)(2)(i) is a Class 2
7 felony.
8 (4) Violation of paragraph (a)(2)(ii) is a Class A
9 misdemeanor.
10 (c) For the purposes of this Section, "arranges"
11 includes but is not limited to oral or written communication
12 and communication by telephone, computer, or other electronic
13 means. "Computer" has the meaning ascribed to it in Section
14 16D-2 of this Code.
15 (Source: P.A. 88-165; 89-203, eff. 7-21-95.)
16 (720 ILCS 5/16D-5.5 new)
17 Sec. 16D-5.5. Solicitation of a minor by computer.
18 (a) Any person 17 years of age or older commits the
19 offense of solicitation of a minor by computer when he or she
20 knowingly offers any communication, or engages in an exchange
21 of communication, by way of computer, or through or upon any
22 computer-linked network or system with a child under the age
23 of 17 years who is at least 3 years younger than the
24 defendant, with an intent to commit any of the following
25 offenses: aggravated criminal sexual assault, predatory
26 criminal sexual assault of a child, criminal sexual assault,
27 aggravated criminal sexual abuse, criminal sexual abuse,
28 indecent solicitation of an adult, indecent solicitation of a
29 child, soliciting for a juvenile prostitute, or juvenile
30 pimping.
31 (b) Sentence. Solicitation of a minor by computer is a
32 Class 4 felony, unless the child involved in the offense is
33 under the age of 13 years, in which case it is a Class 2
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1 felony.
2 (c) Jurisdiction. An offense under this Section is
3 committed in this State if the communication or exchange of
4 communications, that constitutes the offense, either
5 originates in this State or involves the participation of a
6 child under the age of 17 years who is located in this State
7 at the time of communication or exchange of communications.
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.".