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91_HB1097
LRB9101089RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 11-6.
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 changing Section 11-6 as follows:
7 (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
8 Sec. 11-6. Indecent solicitation of a child.
9 (a) A person of the age of 17 years and upwards commits
10 the offense of indecent solicitation of a child if the
11 person, with the intent that the offense of aggravated
12 criminal sexual assault, criminal sexual assault, predatory
13 criminal sexual assault of a child, or aggravated criminal
14 sexual abuse be committed, knowingly solicits a child or one
15 whom he or she believes to be a child to perform an act of
16 sexual penetration or sexual conduct as defined in Section
17 12-12 of this Code.
18 (b) Definitions. As used in this Section:
19 "Solicit" means to command, authorize, urge, incite,
20 request, or advise another to perform an act by any means
21 including, but not limited to, in person, over the phone, in
22 writing, by computer, or by advertisement of any kind.
23 "Child" means a person under 17 years of age.
24 (c) Sentence.
25 Indecent solicitation of a child is:
26 (1) a Class 1 felony when the act, if done, would
27 be predatory criminal sexual assault of a child or
28 aggravated criminal sexual assault;
29 (2) a Class 2 felony when the act, if done, would
30 be criminal sexual assault;
31 (3) a Class 3 felony when the act, if done, would
-2- LRB9101089RCks
1 be aggravated criminal sexual abuse.
2 (a) A person of the age of 17 years and upwards who
3 solicits a child under the age of 13 to do any act, or
4 solicits a person to arrange an act with a child under the
5 age of 13, which if done would be aggravated criminal sexual
6 assault, predatory criminal sexual assault of a child,
7 criminal sexual assault, aggravated criminal sexual abuse or
8 criminal sexual abuse, commits indecent solicitation of a
9 child.
10 (b) It shall not be a defense to indecent solicitation
11 of a child that the accused reasonably believed the child to
12 be of the age of 13 years and upwards.
13 (c) Sentence.
14 Indecent solicitation of a child is:
15 (1) a Class A misdemeanor when the act, if done,
16 would be criminal sexual abuse;
17 (2) a Class 4 felony when the act, if done, would
18 be criminal sexual assault, aggravated criminal sexual
19 assault, or aggravated criminal sexual abuse.
20 (d) For the purposes of this Section, "solicits"
21 includes but is not limited to oral or written communication
22 and communication by telephone, computer, or other electronic
23 means. "Computer" has the meaning ascribed to it in Section
24 16D-2 of this Code.
25 (Source: P.A. 89-8, eff. 3-21-95; 89-203, eff. 7-21-95;
26 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.