Illinois 2023-2024 Regular Session

Illinois House Bill HB1464 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1464 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: 720 ILCS 5/11-9.1 from Ch. 38, par. 11-9.1 720 ILCS 5/11-21 from Ch. 38, par. 11-21 Amends the Criminal Code of 2012. Provides that a person commits sexual exploitation of a child when he or she knowingly entices, coerces, or persuades a child to participate in the production of the recording or memorializing a sexual act. Provides that a violation is a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense or if the person has been previously convicted of a sex offense. Provides that a person commits distributing harmful material when he or she knowingly entices, coerces, or persuades a minor to participate in the production of the recording or memorializing a sexual act. Provides that a violation is a Class 4 felony if the person has been previously convicted of a sex offense. Provides that a second or subsequent violation is a Class 3 felony. LRB103 05840 RLC 50860 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1464 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: 720 ILCS 5/11-9.1 from Ch. 38, par. 11-9.1 720 ILCS 5/11-21 from Ch. 38, par. 11-21 720 ILCS 5/11-9.1 from Ch. 38, par. 11-9.1 720 ILCS 5/11-21 from Ch. 38, par. 11-21 Amends the Criminal Code of 2012. Provides that a person commits sexual exploitation of a child when he or she knowingly entices, coerces, or persuades a child to participate in the production of the recording or memorializing a sexual act. Provides that a violation is a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense or if the person has been previously convicted of a sex offense. Provides that a person commits distributing harmful material when he or she knowingly entices, coerces, or persuades a minor to participate in the production of the recording or memorializing a sexual act. Provides that a violation is a Class 4 felony if the person has been previously convicted of a sex offense. Provides that a second or subsequent violation is a Class 3 felony. LRB103 05840 RLC 50860 b LRB103 05840 RLC 50860 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1464 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/11-9.1 from Ch. 38, par. 11-9.1 720 ILCS 5/11-21 from Ch. 38, par. 11-21 720 ILCS 5/11-9.1 from Ch. 38, par. 11-9.1 720 ILCS 5/11-21 from Ch. 38, par. 11-21
4	4	720 ILCS 5/11-9.1 from Ch. 38, par. 11-9.1
5	5	720 ILCS 5/11-21 from Ch. 38, par. 11-21
6	6	Amends the Criminal Code of 2012. Provides that a person commits sexual exploitation of a child when he or she knowingly entices, coerces, or persuades a child to participate in the production of the recording or memorializing a sexual act. Provides that a violation is a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense or if the person has been previously convicted of a sex offense. Provides that a person commits distributing harmful material when he or she knowingly entices, coerces, or persuades a minor to participate in the production of the recording or memorializing a sexual act. Provides that a violation is a Class 4 felony if the person has been previously convicted of a sex offense. Provides that a second or subsequent violation is a Class 3 felony.
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12	12	1 AN ACT concerning criminal law.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Criminal Code of 2012 is amended by
16	16	5 changing Sections 11-9.1 and 11-21 as follows:
17	17	6 (720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
18	18	7 Sec. 11-9.1. Sexual exploitation of a child.
19	19	8 (a) A person commits sexual exploitation of a child if in
20	20	9 the presence or virtual presence, or both, of a child and with
21	21	10 knowledge that a child or one whom he or she believes to be a
22	22	11 child would view his or her acts, that person:
23	23	12 (1) engages in a sexual act; or
24	24	13 (2) exposes his or her sex organs, anus or breast for
25	25	14 the purpose of sexual arousal or gratification of such
26	26	15 person or the child or one whom he or she believes to be a
27	27	16 child; or .
28	28	17 (3) knowingly entices, coerces, or persuades a child
29	29	18 to participate in the production of the recording or
30	30	19 memorializing a sexual act.
31	31	20 (a-5) A person commits sexual exploitation of a child who
32	32	21 knowingly entices, coerces, or persuades a child to remove the
33	33	22 child's clothing for the purpose of sexual arousal or
34	34	23 gratification of the person or the child, or both.
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1464 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
39	39	720 ILCS 5/11-9.1 from Ch. 38, par. 11-9.1 720 ILCS 5/11-21 from Ch. 38, par. 11-21 720 ILCS 5/11-9.1 from Ch. 38, par. 11-9.1 720 ILCS 5/11-21 from Ch. 38, par. 11-21
40	40	720 ILCS 5/11-9.1 from Ch. 38, par. 11-9.1
41	41	720 ILCS 5/11-21 from Ch. 38, par. 11-21
42	42	Amends the Criminal Code of 2012. Provides that a person commits sexual exploitation of a child when he or she knowingly entices, coerces, or persuades a child to participate in the production of the recording or memorializing a sexual act. Provides that a violation is a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense or if the person has been previously convicted of a sex offense. Provides that a person commits distributing harmful material when he or she knowingly entices, coerces, or persuades a minor to participate in the production of the recording or memorializing a sexual act. Provides that a violation is a Class 4 felony if the person has been previously convicted of a sex offense. Provides that a second or subsequent violation is a Class 3 felony.
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45	45	A BILL FOR
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51	51	720 ILCS 5/11-9.1 from Ch. 38, par. 11-9.1
52	52	720 ILCS 5/11-21 from Ch. 38, par. 11-21
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71	71	1 (b) Definitions. As used in this Section:
72	72	2 "Sexual act" means masturbation, sexual conduct or sexual
73	73	3 penetration as defined in Section 11-0.1 of this Code.
74	74	4 "Sex offense" means any violation of Article 11 of this
75	75	5 Code.
76	76	6 "Child" means a person under 17 years of age.
77	77	7 "Virtual presence" means an environment that is created
78	78	8 with software and presented to the user and or receiver via the
79	79	9 Internet, in such a way that the user appears in front of the
80	80	10 receiver on the computer monitor or screen or hand-held
81	81	11 portable electronic device, usually through a web camming
82	82	12 program. "Virtual presence" includes primarily experiencing
83	83	13 through sight or sound, or both, a video image that can be
84	84	14 explored interactively at a personal computer or hand-held
85	85	15 communication device, or both.
86	86	16 "Webcam" means a video capturing device connected to a
87	87	17 computer or computer network that is designed to take digital
88	88	18 photographs or live or recorded video which allows for the
89	89	19 live transmission to an end user over the Internet.
90	90	20 (c) Sentence.
91	91	21 (1) Sexual exploitation of a child is a Class A
92	92	22 misdemeanor. A second or subsequent violation of this
93	93	23 Section or a substantially similar law of another state is
94	94	24 a Class 4 felony.
95	95	25 (2) Sexual exploitation of a child is a Class 4 felony
96	96	26 if the person has been previously convicted of a sex
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107	107	1 offense.
108	108	2 (3) Sexual exploitation of a child is a Class 4 felony
109	109	3 if the victim was under 13 years of age at the time of the
110	110	4 commission of the offense.
111	111	5 (4) Sexual exploitation of a child is a Class 4 felony
112	112	6 if committed by a person 18 years of age or older who is on
113	113	7 or within 500 feet of elementary or secondary school
114	114	8 grounds when children are present on the grounds.
115	115	9 (5) A violation of paragraph (3) of subsection (a) is:
116	116	10 a Class 4 felony for a first offense; and a Class 3 felony
117	117	11 for a second or subsequent offense, or if the person has
118	118	12 been previously convicted of a sex offense.
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120	120	14 (Source: P.A. 102-168, eff. 7-27-21.)
121	121	15 (720 ILCS 5/11-21) (from Ch. 38, par. 11-21)
122	122	16 Sec. 11-21. Harmful material.
123	123	17 (a) As used in this Section:
124	124	18 "Distribute" means to transfer possession of, whether
125	125	19 with or without consideration.
126	126	20 "Harmful to minors" means that quality of any
127	127	21 description or representation, in whatever form, of
128	128	22 nudity, sexual conduct, sexual excitement, or
129	129	23 sado-masochistic abuse, when, taken as a whole, it (i)
130	130	24 predominantly predominately appeals to the prurient
131	131	25 interest in sex of minors, (ii) is patently offensive to
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142	142	1 prevailing standards in the adult community in the State
143	143	2 as a whole with respect to what is suitable material for
144	144	3 minors, and (iii) lacks serious literary, artistic,
145	145	4 political, or scientific value for minors.
146	146	5 "Knowingly" means having knowledge of the contents of
147	147	6 the subject matter, or recklessly failing to exercise
148	148	7 reasonable inspection which would have disclosed the
149	149	8 contents.
150	150	9 "Material" means (i) any picture, photograph, drawing,
151	151	10 sculpture, film, video game, computer game, video or
152	152	11 similar visual depiction, including any such
153	153	12 representation or image which is stored electronically, or
154	154	13 (ii) any book, magazine, printed matter however
155	155	14 reproduced, or recorded audio of any sort.
156	156	15 "Minor" means any person under the age of 18.
157	157	16 "Nudity" means the showing of the human male or female
158	158	17 genitals, pubic area or buttocks with less than a fully
159	159	18 opaque covering, or the showing of the female breast with
160	160	19 less than a fully opaque covering of any portion below the
161	161	20 top of the nipple, or the depiction of covered male
162	162	21 genitals in a discernibly turgid state.
163	163	22 "Sado-masochistic abuse" means flagellation or torture
164	164	23 by or upon a person clad in undergarments, a mask or
165	165	24 bizarre costume, or the condition of being fettered, bound
166	166	25 or otherwise physically restrained on the part of one
167	167	26 clothed for sexual gratification or stimulation.
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178	178	1 "Sexual conduct" means acts of masturbation, sexual
179	179	2 intercourse, or physical contact with a person's clothed
180	180	3 or unclothed genitals, pubic area, buttocks or, if such
181	181	4 person be a female, breast.
182	182	5 "Sexual excitement" means the condition of human male
183	183	6 or female genitals when in a state of sexual stimulation
184	184	7 or arousal.
185	185	8 "Sex offense" and "sexual act" have the meanings
186	186	9 ascribed to them in Section 11-9.1.
187	187	10 (b) A person is guilty of distributing harmful material to
188	188	11 a minor when he or she:
189	189	12 (1) knowingly sells, lends, distributes, exhibits to,
190	190	13 depicts to, or gives away to a minor, knowing that the
191	191	14 minor is under the age of 18 or failing to exercise
192	192	15 reasonable care in ascertaining the person's true age:
193	193	16 (A) any material which depicts nudity, sexual
194	194	17 conduct or sado-masochistic abuse, or which contains
195	195	18 explicit and detailed verbal descriptions or narrative
196	196	19 accounts of sexual excitement, sexual conduct or
197	197	20 sado-masochistic abuse, and which taken as a whole is
198	198	21 harmful to minors;
199	199	22 (B) a motion picture, show, or other presentation
200	200	23 which depicts nudity, sexual conduct or
201	201	24 sado-masochistic abuse and is harmful to minors; or
202	202	25 (C) an admission ticket or pass to premises where
203	203	26 there is exhibited or to be exhibited such a motion
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214	214	1 picture, show, or other presentation; or
215	215	2 (2) admits a minor to premises where there is
216	216	3 exhibited or to be exhibited such a motion picture, show,
217	217	4 or other presentation, knowing that the minor is a person
218	218	5 under the age of 18 or failing to exercise reasonable care
219	219	6 in ascertaining the person's true age; or .
220	220	7 (3) knowingly entices, coerces, or persuades a minor
221	221	8 to participate in the production of the recording or
222	222	9 memorializing a sexual act.
223	223	10 (c) In any prosecution arising under this Section, it is
224	224	11 an affirmative defense:
225	225	12 (1) that the minor as to whom the offense is alleged to
226	226	13 have been committed exhibited to the accused a draft card,
227	227	14 driver's license, birth certificate or other official or
228	228	15 apparently official document purporting to establish that
229	229	16 the minor was 18 years of age or older, which was relied
230	230	17 upon by the accused;
231	231	18 (2) that the defendant was in a parental or
232	232	19 guardianship relationship with the minor or that the minor
233	233	20 was accompanied by a parent or legal guardian;
234	234	21 (3) that the defendant was a bona fide school, museum,
235	235	22 or public library, or was a person acting in the course of
236	236	23 his or her employment as an employee or official of such
237	237	24 organization or retail outlet affiliated with and serving
238	238	25 the educational purpose of such organization;
239	239	26 (4) that the act charged was committed in aid of
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250	250	1 legitimate scientific or educational purposes; or
251	251	2 (5) that an advertisement of harmful material as
252	252	3 defined in this Section culminated in the sale or
253	253	4 distribution of such harmful material to a child under
254	254	5 circumstances where there was no personal confrontation of
255	255	6 the child by the defendant, his or her employees, or
256	256	7 agents, as where the order or request for such harmful
257	257	8 material was transmitted by mail, telephone, Internet or
258	258	9 similar means of communication, and delivery of such
259	259	10 harmful material to the child was by mail, freight,
260	260	11 Internet or similar means of transport, which
261	261	12 advertisement contained the following statement, or a
262	262	13 substantially similar statement, and that the defendant
263	263	14 required the purchaser to certify that he or she was not
264	264	15 under the age of 18 and that the purchaser falsely stated
265	265	16 that he or she was not under the age of 18: "NOTICE: It is
266	266	17 unlawful for any person under the age of 18 to purchase the
267	267	18 matter advertised. Any person under the age of 18 that
268	268	19 falsely states that he or she is not under the age of 18
269	269	20 for the purpose of obtaining the material advertised is
270	270	21 guilty of a Class B misdemeanor under the laws of the
271	271	22 State."
272	272	23 (d) The predominant appeal to prurient interest of the
273	273	24 material shall be judged with reference to average children of
274	274	25 the same general age of the child to whom such material was
275	275	26 sold, lent, distributed or given, unless it appears from the
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286	286	1 nature of the matter or the circumstances of its dissemination
287	287	2 or distribution that it is designed for specially susceptible
288	288	3 groups, in which case the predominant appeal of the material
289	289	4 shall be judged with reference to its intended or probable
290	290	5 recipient group.
291	291	6 (e) Distribution of harmful material in violation of this
292	292	7 Section is a Class A misdemeanor. A second or subsequent
293	293	8 offense is a Class 4 felony. A violation of paragraph (3) of
294	294	9 subsection (b) is a Class 4 felony if the person has been
295	295	10 previously convicted of a sex offense. A second or subsequent
296	296	11 violation of paragraph (3) of subsection (b) is a Class 3
297	297	12 felony.
298	298	13 (f) Any person under the age of 18 who falsely states,
299	299	14 either orally or in writing, that he or she is not under the
300	300	15 age of 18, or who presents or offers to any person any evidence
301	301	16 of age and identity that is false or not actually his or her
302	302	17 own with the intent of ordering, obtaining, viewing, or
303	303	18 otherwise procuring or attempting to procure or view any
304	304	19 harmful material is guilty of a Class B misdemeanor.
305	305	20 (g) A person over the age of 18 who fails to exercise
306	306	21 reasonable care in ascertaining the true age of a minor,
307	307	22 knowingly distributes to, or sends, or causes to be sent, or
308	308	23 exhibits to, or offers to distribute, or exhibits any harmful
309	309	24 material to a person that he or she believes is a minor is
310	310	25 guilty of a Class A misdemeanor. If that person utilized a
311	311	26 computer web camera, cellular telephone, or any other type of
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322	322	1 device to manufacture the harmful material, then each offense
323	323	2 is a Class 4 felony.
324	324	3 (h) Telecommunications carriers, commercial mobile service
325	325	4 providers, and providers of information services, including,
326	326	5 but not limited to, Internet service providers and hosting
327	327	6 service providers, are not liable under this Section, except
328	328	7 for willful and wanton misconduct, by virtue of the
329	329	8 transmission, storage, or caching of electronic communications
330	330	9 or messages of others or by virtue of the provision of other
331	331	10 related telecommunications, commercial mobile services, or
332	332	11 information services used by others in violation of this
333	333	12 Section.
334	334	13 (Source: P.A. 99-642, eff. 7-28-16.)
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