State of Illinois
91st General Assembly
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91_SB0397eng

 
SB397 Engrossed                                LRB9100336RCpc

 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
 
SB397 Engrossed             -2-                LRB9100336RCpc
 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.)

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