State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ]

91_HB0788

 
                                               LRB9104582RCks

 1        AN ACT to amend the  Criminal  Code  of  1961  by  adding
 2    Section 12-21.7.

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

 5        Section 5.  The Criminal  Code  of  1961  is  amended  by
 6    adding Section 12-21.7 as follows:

 7        (720 ILCS 5/12-21.7 new)
 8        Sec. 12-21.7.  Seduction of a minor.
 9        (a)  Every  person who, with knowledge that a person is a
10    minor under 18  years  of  age,  or  who  fails  to  exercise
11    reasonable  care  in  ascertaining  the  true age of a minor,
12    knowingly distributes, sends, causes to be sent, exhibits, or
13    offers to distribute or exhibit by any means, including,  but
14    not  limited  to,  live  or  recorded telephone messages, any
15    harmful material, as defined in Section 11-21 of  this  Code,
16    to a minor under 18 years of age with the intent of arousing,
17    appealing  to,  or  gratifying the lust or passions or sexual
18    desires of that person or of a minor, and with the intent  or
19    for  the  purpose of seducing a minor, is guilty of seduction
20    of a minor.
21        (b)  Every person who, with knowledge that a person is  a
22    minor  under  18  years  of  age,  or  who  fails to exercise
23    reasonable care in ascertaining the  true  age  of  a  minor,
24    knowingly distributes, sends, causes to be sent, exhibits, or
25    offers  to  distribute  or  exhibit  by  electronic mail, the
26    Internet,  or  a  commercial  online  service,  any   harmful
27    material,  as  defined  in  Section  11-21 of this Code, to a
28    minor under 18 years of age  with  the  intent  of  arousing,
29    appealing  to,  or  gratifying the lust or passions or sexual
30    desires of that person or of a minor, and with the intent  or
31    for  the  purpose of seducing a minor, is guilty of seduction
 
                            -2-                LRB9104582RCks
 1    of a minor.
 2        (c)  It is  a  defense  to  any  prosecution  under  this
 3    Section  that  a parent or guardian committed the act charged
 4    in aid of legitimate sex education.
 5        (d)  It is  a  defense  in  any  prosecution  under  this
 6    Section  that  the  act  charged  was  committed  in  aid  of
 7    legitimate scientific or educational purposes.
 8        (e)  It  does  not constitute a violation of this Section
 9    for a telephone corporation, a cable  television  service  as
10    defined  in  Section  16-10  of  this  Code,  or  any  of its
11    affiliates,  an  Internet  service  provider,  or  commercial
12    online service provider, to  carry,  broadcast,  or  transmit
13    messages   described  in  this  Section  or  perform  related
14    activities  in   providing   telephone,   cable   television,
15    Internet, or commercial online services.
16        (f)  Sentence.   Seduction  of  a  minor  is  a  Class  A
17    misdemeanor.   A  second  or  subsequent  violation  of  this
18    Section is a Class 4 felony.

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