Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0284 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0284 Introduced 1/24/2025, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: 720 ILCS 5/10-9720 ILCS 5/11-9.3720 ILCS 5/11-25 Amends the Criminal Code of 2012. Provides that a person charged with involuntary sexual servitude of a minor or trafficking in persons if the victim is under 18 years of age shall not be permitted to plead down to lesser offenses. Provides that no person charged with grooming shall be permitted to plead down to lesser offenses. Provides that prosecutors are prohibited from offering plea bargains to lesser offenses to those individuals charged with grooming. Provides that it is a Class 4 felony for a child sex offender to knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at any facility providing entertainment exclusively directed toward persons under the age of 18. LRB104 03920 RLC 13944 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0284 Introduced 1/24/2025, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: 720 ILCS 5/10-9720 ILCS 5/11-9.3720 ILCS 5/11-25 720 ILCS 5/10-9 720 ILCS 5/11-9.3 720 ILCS 5/11-25 Amends the Criminal Code of 2012. Provides that a person charged with involuntary sexual servitude of a minor or trafficking in persons if the victim is under 18 years of age shall not be permitted to plead down to lesser offenses. Provides that no person charged with grooming shall be permitted to plead down to lesser offenses. Provides that prosecutors are prohibited from offering plea bargains to lesser offenses to those individuals charged with grooming. Provides that it is a Class 4 felony for a child sex offender to knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at any facility providing entertainment exclusively directed toward persons under the age of 18. LRB104 03920 RLC 13944 b LRB104 03920 RLC 13944 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0284 Introduced 1/24/2025, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED:
33 720 ILCS 5/10-9720 ILCS 5/11-9.3720 ILCS 5/11-25 720 ILCS 5/10-9 720 ILCS 5/11-9.3 720 ILCS 5/11-25
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55 720 ILCS 5/11-9.3
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77 Amends the Criminal Code of 2012. Provides that a person charged with involuntary sexual servitude of a minor or trafficking in persons if the victim is under 18 years of age shall not be permitted to plead down to lesser offenses. Provides that no person charged with grooming shall be permitted to plead down to lesser offenses. Provides that prosecutors are prohibited from offering plea bargains to lesser offenses to those individuals charged with grooming. Provides that it is a Class 4 felony for a child sex offender to knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at any facility providing entertainment exclusively directed toward persons under the age of 18.
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1313 1 AN ACT concerning criminal law.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Criminal Code of 2012 is amended by
1717 5 changing Sections 10-9, 11-9.3, and 11-25 as follows:
1818 6 (720 ILCS 5/10-9)
1919 7 Sec. 10-9. Trafficking in persons, involuntary servitude,
2020 8 and related offenses.
2121 9 (a) Definitions. In this Section:
2222 10 (1) "Intimidation" has the meaning prescribed in Section
2323 11 12-6.
2424 12 (2) "Commercial sexual activity" means any sex act on
2525 13 account of which anything of value is given, promised to, or
2626 14 received by any person.
2727 15 (2.5) "Company" means any sole proprietorship,
2828 16 organization, association, corporation, partnership, joint
2929 17 venture, limited partnership, limited liability partnership,
3030 18 limited liability limited partnership, limited liability
3131 19 company, or other entity or business association, including
3232 20 all wholly owned subsidiaries, majority-owned subsidiaries,
3333 21 parent companies, or affiliates of those entities or business
3434 22 associations, that exist for the purpose of making profit.
3535 23 (3) "Financial harm" includes intimidation that brings
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3939 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0284 Introduced 1/24/2025, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED:
4040 720 ILCS 5/10-9720 ILCS 5/11-9.3720 ILCS 5/11-25 720 ILCS 5/10-9 720 ILCS 5/11-9.3 720 ILCS 5/11-25
4141 720 ILCS 5/10-9
4242 720 ILCS 5/11-9.3
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4444 Amends the Criminal Code of 2012. Provides that a person charged with involuntary sexual servitude of a minor or trafficking in persons if the victim is under 18 years of age shall not be permitted to plead down to lesser offenses. Provides that no person charged with grooming shall be permitted to plead down to lesser offenses. Provides that prosecutors are prohibited from offering plea bargains to lesser offenses to those individuals charged with grooming. Provides that it is a Class 4 felony for a child sex offender to knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at any facility providing entertainment exclusively directed toward persons under the age of 18.
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7474 1 about financial loss, criminal usury, or employment contracts
7575 2 that violate the Frauds Act.
7676 3 (4) (Blank).
7777 4 (5) "Labor" means work of economic or financial value.
7878 5 (6) "Maintain" means, in relation to labor or services, to
7979 6 secure continued performance thereof, regardless of any
8080 7 initial agreement on the part of the victim to perform that
8181 8 type of service.
8282 9 (7) "Obtain" means, in relation to labor or services, to
8383 10 secure performance thereof.
8484 11 (7.5) "Serious harm" means any harm, whether physical or
8585 12 nonphysical, including psychological, financial, or
8686 13 reputational harm, that is sufficiently serious, under all the
8787 14 surrounding circumstances, to compel a reasonable person of
8888 15 the same background and in the same circumstances to perform
8989 16 or to continue performing labor or services in order to avoid
9090 17 incurring that harm.
9191 18 (8) "Services" means activities resulting from a
9292 19 relationship between a person and the actor in which the
9393 20 person performs activities under the supervision of or for the
9494 21 benefit of the actor. Commercial sexual activity and
9595 22 sexually-explicit performances are forms of activities that
9696 23 are "services" under this Section. Nothing in this definition
9797 24 may be construed to legitimize or legalize prostitution.
9898 25 (9) "Sexually-explicit performance" means a live,
9999 26 recorded, broadcast (including over the Internet), or public
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110110 1 act or show intended to arouse or satisfy the sexual desires or
111111 2 appeal to the prurient interests of patrons.
112112 3 (10) "Trafficking victim" means a person subjected to the
113113 4 practices set forth in subsection (b), (c), or (d).
114114 5 (b) Involuntary servitude. A person commits involuntary
115115 6 servitude when he or she knowingly subjects, attempts to
116116 7 subject, or engages in a conspiracy to subject another person
117117 8 to labor or services obtained or maintained through any of the
118118 9 following means, or any combination of these means:
119119 10 (1) causes or threatens to cause physical harm to any
120120 11 person;
121121 12 (2) physically restrains or threatens to physically
122122 13 restrain another person;
123123 14 (3) abuses or threatens to abuse the law or legal
124124 15 process;
125125 16 (4) knowingly destroys, conceals, removes,
126126 17 confiscates, or possesses any actual or purported passport
127127 18 or other immigration document, or any other actual or
128128 19 purported government identification document, of another
129129 20 person;
130130 21 (5) uses intimidation, or exerts financial control
131131 22 over any person; or
132132 23 (6) uses any scheme, plan, or pattern intended to
133133 24 cause the person to believe that, if the person did not
134134 25 perform the labor or services, that person or another
135135 26 person would suffer serious harm or physical restraint.
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146146 1 Sentence. Except as otherwise provided in subsection (e)
147147 2 or (f), a violation of subsection (b)(1) is a Class X felony,
148148 3 (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
149149 4 is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
150150 5 (c) Involuntary sexual servitude of a minor. A person
151151 6 commits involuntary sexual servitude of a minor when he or she
152152 7 knowingly recruits, entices, harbors, transports, provides, or
153153 8 obtains by any means, or attempts to recruit, entice, harbor,
154154 9 provide, or obtain by any means, another person under 18 years
155155 10 of age, knowing that the minor will engage in commercial
156156 11 sexual activity, a sexually-explicit performance, or the
157157 12 production of pornography, or causes or attempts to cause a
158158 13 minor to engage in one or more of those activities and:
159159 14 (1) there is no overt force or threat and the minor is
160160 15 between the ages of 17 and 18 years;
161161 16 (2) there is no overt force or threat and the minor is
162162 17 under the age of 17 years; or
163163 18 (3) there is overt force or threat.
164164 19 Sentence. Except as otherwise provided in subsection (e)
165165 20 or (f), a violation of subsection (c)(1) is a Class 1 felony,
166166 21 (c)(2) is a Class X felony, and (c)(3) is a Class X felony.
167167 22 (d) Trafficking in persons. A person commits trafficking
168168 23 in persons when he or she knowingly: (1) recruits, entices,
169169 24 harbors, transports, provides, or obtains by any means, or
170170 25 attempts to recruit, entice, harbor, transport, provide, or
171171 26 obtain by any means, another person, intending or knowing that
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182182 1 the person will be subjected to involuntary servitude; or (2)
183183 2 benefits, financially or by receiving anything of value, from
184184 3 participation in a venture that has engaged in an act of
185185 4 involuntary servitude or involuntary sexual servitude of a
186186 5 minor. A company commits trafficking in persons when the
187187 6 company knowingly benefits, financially or by receiving
188188 7 anything of value, from participation in a venture that has
189189 8 engaged in an act of involuntary servitude or involuntary
190190 9 sexual servitude of a minor.
191191 10 Sentence. Except as otherwise provided in subsection (e)
192192 11 or (f), a violation of this subsection by a person is a Class 1
193193 12 felony. A violation of this subsection by a company is a
194194 13 business offense for which a fine of up to $100,000 may be
195195 14 imposed.
196196 15 (e) Aggravating factors. A violation of this Section
197197 16 involving kidnapping or an attempt to kidnap, aggravated
198198 17 criminal sexual assault or an attempt to commit aggravated
199199 18 criminal sexual assault, or an attempt to commit first degree
200200 19 murder is a Class X felony.
201201 20 (f) Sentencing considerations.
202202 21 (1) Bodily injury. If, pursuant to a violation of this
203203 22 Section, a victim suffered bodily injury, the defendant
204204 23 may be sentenced to an extended-term sentence under
205205 24 Section 5-8-2 of the Unified Code of Corrections. The
206206 25 sentencing court must take into account the time in which
207207 26 the victim was held in servitude, with increased penalties
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218218 1 for cases in which the victim was held for between 180 days
219219 2 and one year, and increased penalties for cases in which
220220 3 the victim was held for more than one year.
221221 4 (2) Number of victims. In determining sentences within
222222 5 statutory maximums, the sentencing court should take into
223223 6 account the number of victims, and may provide for
224224 7 substantially increased sentences in cases involving more
225225 8 than 10 victims.
226226 9 (g) Restitution. Restitution is mandatory under this
227227 10 Section. In addition to any other amount of loss identified,
228228 11 the court shall order restitution including the greater of (1)
229229 12 the gross income or value to the defendant of the victim's
230230 13 labor or services or (2) the value of the victim's labor as
231231 14 guaranteed under the Minimum Wage Law and overtime provisions
232232 15 of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
233233 16 whichever is greater.
234234 17 (g-5) Fine distribution. If the court imposes a fine under
235235 18 subsection (b), (c), or (d) of this Section, it shall be
236236 19 collected and distributed to the Specialized Services for
237237 20 Survivors of Human Trafficking Fund in accordance with Section
238238 21 5-9-1.21 of the Unified Code of Corrections.
239239 22 (h) Trafficking victim services. Subject to the
240240 23 availability of funds, the Department of Human Services may
241241 24 provide or fund emergency services and assistance to
242242 25 individuals who are victims of one or more offenses defined in
243243 26 this Section.
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254254 1 (i) Certification. The Attorney General, a State's
255255 2 Attorney, or any law enforcement official shall certify in
256256 3 writing to the United States Department of Justice or other
257257 4 federal agency, such as the United States Department of
258258 5 Homeland Security, that an investigation or prosecution under
259259 6 this Section has begun and the individual who is a likely
260260 7 victim of a crime described in this Section is willing to
261261 8 cooperate or is cooperating with the investigation to enable
262262 9 the individual, if eligible under federal law, to qualify for
263263 10 an appropriate special immigrant visa and to access available
264264 11 federal benefits. Cooperation with law enforcement shall not
265265 12 be required of victims of a crime described in this Section who
266266 13 are under 18 years of age. This certification shall be made
267267 14 available to the victim and his or her designated legal
268268 15 representative.
269269 16 (j) A person who commits involuntary servitude,
270270 17 involuntary sexual servitude of a minor, or trafficking in
271271 18 persons under subsection (b), (c), or (d) of this Section is
272272 19 subject to the property forfeiture provisions set forth in
273273 20 Article 124B of the Code of Criminal Procedure of 1963.
274274 21 (k) Prohibition of plea bargains.
275275 22 (1) No person charged with involuntary sexual
276276 23 servitude of a minor or trafficking in persons if the
277277 24 victim is under 18 years of age shall be permitted to plead
278278 25 down to lesser offenses.
279279 26 (2) Prosecutors are prohibited from offering plea
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290290 1 bargains to lesser offenses to those individuals charged
291291 2 with involuntary sexual servitude of a minor or
292292 3 trafficking in persons if the victim is under 18 years of
293293 4 age.
294294 5 (Source: P.A. 101-18, eff. 1-1-20.)
295295 6 (720 ILCS 5/11-9.3)
296296 7 Sec. 11-9.3. Presence within school zone by child sex
297297 8 offenders prohibited; approaching, contacting, residing with,
298298 9 or communicating with a child within certain places by child
299299 10 sex offenders prohibited.
300300 11 (a) It is unlawful for a child sex offender to knowingly be
301301 12 present in any school building, on real property comprising
302302 13 any school, or in any conveyance owned, leased, or contracted
303303 14 by a school to transport students to or from school or a school
304304 15 related activity when persons under the age of 18 are present
305305 16 in the building, on the grounds or in the conveyance, unless
306306 17 the offender is a parent or guardian of a student attending the
307307 18 school and the parent or guardian is: (i) attending a
308308 19 conference at the school with school personnel to discuss the
309309 20 progress of his or her child academically or socially, (ii)
310310 21 participating in child review conferences in which evaluation
311311 22 and placement decisions may be made with respect to his or her
312312 23 child regarding special education services, or (iii) attending
313313 24 conferences to discuss other student issues concerning his or
314314 25 her child such as retention and promotion and notifies the
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325325 1 principal of the school of his or her presence at the school or
326326 2 unless the offender has permission to be present from the
327327 3 superintendent or the school board or in the case of a private
328328 4 school from the principal. In the case of a public school, if
329329 5 permission is granted, the superintendent or school board
330330 6 president must inform the principal of the school where the
331331 7 sex offender will be present. Notification includes the nature
332332 8 of the sex offender's visit and the hours in which the sex
333333 9 offender will be present in the school. The sex offender is
334334 10 responsible for notifying the principal's office when he or
335335 11 she arrives on school property and when he or she departs from
336336 12 school property. If the sex offender is to be present in the
337337 13 vicinity of children, the sex offender has the duty to remain
338338 14 under the direct supervision of a school official.
339339 15 (a-5) It is unlawful for a child sex offender to knowingly
340340 16 be present within 100 feet of a site posted as a pick-up or
341341 17 discharge stop for a conveyance owned, leased, or contracted
342342 18 by a school to transport students to or from school or a school
343343 19 related activity when one or more persons under the age of 18
344344 20 are present at the site.
345345 21 (a-10) It is unlawful for a child sex offender to
346346 22 knowingly be present in any public park building, a playground
347347 23 or recreation area within any publicly accessible privately
348348 24 owned building, or on real property comprising any public park
349349 25 when persons under the age of 18 are present in the building or
350350 26 on the grounds and to approach, contact, or communicate with a
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361361 1 child under 18 years of age, unless the offender is a parent or
362362 2 guardian of a person under 18 years of age present in the
363363 3 building or on the grounds.
364364 4 (b) It is unlawful for a child sex offender to knowingly
365365 5 loiter within 500 feet of a school building or real property
366366 6 comprising any school while persons under the age of 18 are
367367 7 present in the building or on the grounds, unless the offender
368368 8 is a parent or guardian of a student attending the school and
369369 9 the parent or guardian is: (i) attending a conference at the
370370 10 school with school personnel to discuss the progress of his or
371371 11 her child academically or socially, (ii) participating in
372372 12 child review conferences in which evaluation and placement
373373 13 decisions may be made with respect to his or her child
374374 14 regarding special education services, or (iii) attending
375375 15 conferences to discuss other student issues concerning his or
376376 16 her child such as retention and promotion and notifies the
377377 17 principal of the school of his or her presence at the school or
378378 18 has permission to be present from the superintendent or the
379379 19 school board or in the case of a private school from the
380380 20 principal. In the case of a public school, if permission is
381381 21 granted, the superintendent or school board president must
382382 22 inform the principal of the school where the sex offender will
383383 23 be present. Notification includes the nature of the sex
384384 24 offender's visit and the hours in which the sex offender will
385385 25 be present in the school. The sex offender is responsible for
386386 26 notifying the principal's office when he or she arrives on
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397397 1 school property and when he or she departs from school
398398 2 property. If the sex offender is to be present in the vicinity
399399 3 of children, the sex offender has the duty to remain under the
400400 4 direct supervision of a school official.
401401 5 (b-2) It is unlawful for a child sex offender to knowingly
402402 6 loiter on a public way within 500 feet of a public park
403403 7 building or real property comprising any public park while
404404 8 persons under the age of 18 are present in the building or on
405405 9 the grounds and to approach, contact, or communicate with a
406406 10 child under 18 years of age, unless the offender is a parent or
407407 11 guardian of a person under 18 years of age present in the
408408 12 building or on the grounds.
409409 13 (b-5) It is unlawful for a child sex offender to knowingly
410410 14 reside within 500 feet of a school building or the real
411411 15 property comprising any school that persons under the age of
412412 16 18 attend. Nothing in this subsection (b-5) prohibits a child
413413 17 sex offender from residing within 500 feet of a school
414414 18 building or the real property comprising any school that
415415 19 persons under 18 attend if the property is owned by the child
416416 20 sex offender and was purchased before July 7, 2000 (the
417417 21 effective date of Public Act 91-911).
418418 22 (b-10) It is unlawful for a child sex offender to
419419 23 knowingly reside within 500 feet of a playground, child care
420420 24 institution, day care center, part day child care facility,
421421 25 day care home, group day care home, or a facility providing
422422 26 programs or services exclusively directed toward persons under
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433433 1 18 years of age. Nothing in this subsection (b-10) prohibits a
434434 2 child sex offender from residing within 500 feet of a
435435 3 playground or a facility providing programs or services
436436 4 exclusively directed toward persons under 18 years of age if
437437 5 the property is owned by the child sex offender and was
438438 6 purchased before July 7, 2000. Nothing in this subsection
439439 7 (b-10) prohibits a child sex offender from residing within 500
440440 8 feet of a child care institution, day care center, or part day
441441 9 child care facility if the property is owned by the child sex
442442 10 offender and was purchased before June 26, 2006. Nothing in
443443 11 this subsection (b-10) prohibits a child sex offender from
444444 12 residing within 500 feet of a day care home or group day care
445445 13 home if the property is owned by the child sex offender and was
446446 14 purchased before August 14, 2008 (the effective date of Public
447447 15 Act 95-821).
448448 16 (b-15) It is unlawful for a child sex offender to
449449 17 knowingly reside within 500 feet of the victim of the sex
450450 18 offense. Nothing in this subsection (b-15) prohibits a child
451451 19 sex offender from residing within 500 feet of the victim if the
452452 20 property in which the child sex offender resides is owned by
453453 21 the child sex offender and was purchased before August 22,
454454 22 2002.
455455 23 This subsection (b-15) does not apply if the victim of the
456456 24 sex offense is 21 years of age or older.
457457 25 (b-20) It is unlawful for a child sex offender to
458458 26 knowingly communicate, other than for a lawful purpose under
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469469 1 Illinois law, using the Internet or any other digital media,
470470 2 with a person under 18 years of age or with a person whom he or
471471 3 she believes to be a person under 18 years of age, unless the
472472 4 offender is a parent or guardian of the person under 18 years
473473 5 of age.
474474 6 (c) It is unlawful for a child sex offender to knowingly
475475 7 operate, manage, be employed by, volunteer at, be associated
476476 8 with, or knowingly be present at any: (i) facility providing
477477 9 programs, or services, or entertainment exclusively directed
478478 10 toward persons under the age of 18; (ii) day care center; (iii)
479479 11 part day child care facility; (iv) child care institution; (v)
480480 12 school providing before and after school programs for children
481481 13 under 18 years of age; (vi) day care home; or (vii) group day
482482 14 care home. This does not prohibit a child sex offender from
483483 15 owning the real property upon which the programs or services
484484 16 are offered or upon which the day care center, part day child
485485 17 care facility, child care institution, or school providing
486486 18 before and after school programs for children under 18 years
487487 19 of age is located, provided the child sex offender refrains
488488 20 from being present on the premises for the hours during which:
489489 21 (1) the programs or services are being offered or (2) the day
490490 22 care center, part day child care facility, child care
491491 23 institution, or school providing before and after school
492492 24 programs for children under 18 years of age, day care home, or
493493 25 group day care home is operated.
494494 26 (c-2) It is unlawful for a child sex offender to
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505505 1 participate in a holiday event involving children under 18
506506 2 years of age, including but not limited to distributing candy
507507 3 or other items to children on Halloween, wearing a Santa Claus
508508 4 costume on or preceding Christmas, being employed as a
509509 5 department store Santa Claus, or wearing an Easter Bunny
510510 6 costume on or preceding Easter. For the purposes of this
511511 7 subsection, child sex offender has the meaning as defined in
512512 8 this Section, but does not include as a sex offense under
513513 9 paragraph (2) of subsection (d) of this Section, the offense
514514 10 under subsection (c) of Section 11-1.50 of this Code. This
515515 11 subsection does not apply to a child sex offender who is a
516516 12 parent or guardian of children under 18 years of age that are
517517 13 present in the home and other non-familial minors are not
518518 14 present.
519519 15 (c-5) It is unlawful for a child sex offender to knowingly
520520 16 operate, manage, be employed by, or be associated with any
521521 17 carnival, amusement enterprise, or county or State fair when
522522 18 persons under the age of 18 are present.
523523 19 (c-6) It is unlawful for a child sex offender who owns and
524524 20 resides at residential real estate to knowingly rent any
525525 21 residential unit within the same building in which he or she
526526 22 resides to a person who is the parent or guardian of a child or
527527 23 children under 18 years of age. This subsection shall apply
528528 24 only to leases or other rental arrangements entered into after
529529 25 January 1, 2009 (the effective date of Public Act 95-820).
530530 26 (c-7) It is unlawful for a child sex offender to knowingly
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541541 1 offer or provide any programs or services to persons under 18
542542 2 years of age in his or her residence or the residence of
543543 3 another or in any facility for the purpose of offering or
544544 4 providing such programs or services, whether such programs or
545545 5 services are offered or provided by contract, agreement,
546546 6 arrangement, or on a volunteer basis.
547547 7 (c-8) It is unlawful for a child sex offender to knowingly
548548 8 operate, whether authorized to do so or not, any of the
549549 9 following vehicles: (1) a vehicle which is specifically
550550 10 designed, constructed or modified and equipped to be used for
551551 11 the retail sale of food or beverages, including but not
552552 12 limited to an ice cream truck; (2) an authorized emergency
553553 13 vehicle; or (3) a rescue vehicle.
554554 14 (d) Definitions. In this Section:
555555 15 (1) "Child sex offender" means any person who:
556556 16 (i) has been charged under Illinois law, or any
557557 17 substantially similar federal law or law of another
558558 18 state, with a sex offense set forth in paragraph (2) of
559559 19 this subsection (d) or the attempt to commit an
560560 20 included sex offense, and the victim is a person under
561561 21 18 years of age at the time of the offense; and:
562562 22 (A) is convicted of such offense or an attempt
563563 23 to commit such offense; or
564564 24 (B) is found not guilty by reason of insanity
565565 25 of such offense or an attempt to commit such
566566 26 offense; or
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577577 1 (C) is found not guilty by reason of insanity
578578 2 pursuant to subsection (c) of Section 104-25 of
579579 3 the Code of Criminal Procedure of 1963 of such
580580 4 offense or an attempt to commit such offense; or
581581 5 (D) is the subject of a finding not resulting
582582 6 in an acquittal at a hearing conducted pursuant to
583583 7 subsection (a) of Section 104-25 of the Code of
584584 8 Criminal Procedure of 1963 for the alleged
585585 9 commission or attempted commission of such
586586 10 offense; or
587587 11 (E) is found not guilty by reason of insanity
588588 12 following a hearing conducted pursuant to a
589589 13 federal law or the law of another state
590590 14 substantially similar to subsection (c) of Section
591591 15 104-25 of the Code of Criminal Procedure of 1963
592592 16 of such offense or of the attempted commission of
593593 17 such offense; or
594594 18 (F) is the subject of a finding not resulting
595595 19 in an acquittal at a hearing conducted pursuant to
596596 20 a federal law or the law of another state
597597 21 substantially similar to subsection (a) of Section
598598 22 104-25 of the Code of Criminal Procedure of 1963
599599 23 for the alleged violation or attempted commission
600600 24 of such offense; or
601601 25 (ii) is certified as a sexually dangerous person
602602 26 pursuant to the Illinois Sexually Dangerous Persons
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613613 1 Act, or any substantially similar federal law or the
614614 2 law of another state, when any conduct giving rise to
615615 3 such certification is committed or attempted against a
616616 4 person less than 18 years of age; or
617617 5 (iii) is subject to the provisions of Section 2 of
618618 6 the Interstate Agreements on Sexually Dangerous
619619 7 Persons Act.
620620 8 Convictions that result from or are connected with the
621621 9 same act, or result from offenses committed at the same
622622 10 time, shall be counted for the purpose of this Section as
623623 11 one conviction. Any conviction set aside pursuant to law
624624 12 is not a conviction for purposes of this Section.
625625 13 (2) Except as otherwise provided in paragraph (2.5),
626626 14 "sex offense" means:
627627 15 (i) A violation of any of the following Sections
628628 16 of the Criminal Code of 1961 or the Criminal Code of
629629 17 2012: 10-4 (forcible detention), 10-7 (aiding or
630630 18 abetting child abduction under Section 10-5(b)(10)),
631631 19 10-5(b)(10) (child luring), 11-1.40 (predatory
632632 20 criminal sexual assault of a child), 11-6 (indecent
633633 21 solicitation of a child), 11-6.5 (indecent
634634 22 solicitation of an adult), 11-9.1 (sexual exploitation
635635 23 of a child), 11-9.2 (custodial sexual misconduct),
636636 24 11-9.5 (sexual misconduct with a person with a
637637 25 disability), 11-11 (sexual relations within families),
638638 26 11-14.3(a)(1) (promoting prostitution by advancing
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649649 1 prostitution), 11-14.3(a)(2)(A) (promoting
650650 2 prostitution by profiting from prostitution by
651651 3 compelling a person to be a prostitute),
652652 4 11-14.3(a)(2)(C) (promoting prostitution by profiting
653653 5 from prostitution by means other than as described in
654654 6 subparagraphs (A) and (B) of paragraph (2) of
655655 7 subsection (a) of Section 11-14.3), 11-14.4 (promoting
656656 8 juvenile prostitution), 11-18.1 (patronizing a
657657 9 juvenile prostitute), 11-20.1 (child pornography),
658658 10 11-20.1B (aggravated child pornography), 11-21
659659 11 (harmful material), 11-25 (grooming), 11-26 (traveling
660660 12 to meet a minor or traveling to meet a child), 12-33
661661 13 (ritualized abuse of a child), 11-20 (obscenity) (when
662662 14 that offense was committed in any school, on real
663663 15 property comprising any school, in any conveyance
664664 16 owned, leased, or contracted by a school to transport
665665 17 students to or from school or a school related
666666 18 activity, or in a public park), 11-30 (public
667667 19 indecency) (when committed in a school, on real
668668 20 property comprising a school, in any conveyance owned,
669669 21 leased, or contracted by a school to transport
670670 22 students to or from school or a school related
671671 23 activity, or in a public park). An attempt to commit
672672 24 any of these offenses.
673673 25 (ii) A violation of any of the following Sections
674674 26 of the Criminal Code of 1961 or the Criminal Code of
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685685 1 2012, when the victim is a person under 18 years of
686686 2 age: 11-1.20 (criminal sexual assault), 11-1.30
687687 3 (aggravated criminal sexual assault), 11-1.50
688688 4 (criminal sexual abuse), 11-1.60 (aggravated criminal
689689 5 sexual abuse). An attempt to commit any of these
690690 6 offenses.
691691 7 (iii) A violation of any of the following Sections
692692 8 of the Criminal Code of 1961 or the Criminal Code of
693693 9 2012, when the victim is a person under 18 years of age
694694 10 and the defendant is not a parent of the victim:
695695 11 10-1 (kidnapping),
696696 12 10-2 (aggravated kidnapping),
697697 13 10-3 (unlawful restraint),
698698 14 10-3.1 (aggravated unlawful restraint),
699699 15 11-9.1(A) (permitting sexual abuse of a child).
700700 16 An attempt to commit any of these offenses.
701701 17 (iv) A violation of any former law of this State
702702 18 substantially equivalent to any offense listed in
703703 19 clause (2)(i) or (2)(ii) of subsection (d) of this
704704 20 Section.
705705 21 (2.5) For the purposes of subsections (b-5) and (b-10)
706706 22 only, a sex offense means:
707707 23 (i) A violation of any of the following Sections
708708 24 of the Criminal Code of 1961 or the Criminal Code of
709709 25 2012:
710710 26 10-5(b)(10) (child luring), 10-7 (aiding or
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721721 1 abetting child abduction under Section 10-5(b)(10)),
722722 2 11-1.40 (predatory criminal sexual assault of a
723723 3 child), 11-6 (indecent solicitation of a child),
724724 4 11-6.5 (indecent solicitation of an adult), 11-9.2
725725 5 (custodial sexual misconduct), 11-9.5 (sexual
726726 6 misconduct with a person with a disability), 11-11
727727 7 (sexual relations within families), 11-14.3(a)(1)
728728 8 (promoting prostitution by advancing prostitution),
729729 9 11-14.3(a)(2)(A) (promoting prostitution by profiting
730730 10 from prostitution by compelling a person to be a
731731 11 prostitute), 11-14.3(a)(2)(C) (promoting prostitution
732732 12 by profiting from prostitution by means other than as
733733 13 described in subparagraphs (A) and (B) of paragraph
734734 14 (2) of subsection (a) of Section 11-14.3), 11-14.4
735735 15 (promoting juvenile prostitution), 11-18.1
736736 16 (patronizing a juvenile prostitute), 11-20.1 (child
737737 17 pornography), 11-20.1B (aggravated child pornography),
738738 18 11-25 (grooming), 11-26 (traveling to meet a minor or
739739 19 traveling to meet a child), or 12-33 (ritualized abuse
740740 20 of a child). An attempt to commit any of these
741741 21 offenses.
742742 22 (ii) A violation of any of the following Sections
743743 23 of the Criminal Code of 1961 or the Criminal Code of
744744 24 2012, when the victim is a person under 18 years of
745745 25 age: 11-1.20 (criminal sexual assault), 11-1.30
746746 26 (aggravated criminal sexual assault), 11-1.60
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757757 1 (aggravated criminal sexual abuse), and subsection (a)
758758 2 of Section 11-1.50 (criminal sexual abuse). An attempt
759759 3 to commit any of these offenses.
760760 4 (iii) A violation of any of the following Sections
761761 5 of the Criminal Code of 1961 or the Criminal Code of
762762 6 2012, when the victim is a person under 18 years of age
763763 7 and the defendant is not a parent of the victim:
764764 8 10-1 (kidnapping),
765765 9 10-2 (aggravated kidnapping),
766766 10 10-3 (unlawful restraint),
767767 11 10-3.1 (aggravated unlawful restraint),
768768 12 11-9.1(A) (permitting sexual abuse of a child).
769769 13 An attempt to commit any of these offenses.
770770 14 (iv) A violation of any former law of this State
771771 15 substantially equivalent to any offense listed in this
772772 16 paragraph (2.5) of this subsection.
773773 17 (3) A conviction for an offense of federal law or the
774774 18 law of another state that is substantially equivalent to
775775 19 any offense listed in paragraph (2) of subsection (d) of
776776 20 this Section shall constitute a conviction for the purpose
777777 21 of this Section. A finding or adjudication as a sexually
778778 22 dangerous person under any federal law or law of another
779779 23 state that is substantially equivalent to the Sexually
780780 24 Dangerous Persons Act shall constitute an adjudication for
781781 25 the purposes of this Section.
782782 26 (4) "Authorized emergency vehicle", "rescue vehicle",
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793793 1 and "vehicle" have the meanings ascribed to them in
794794 2 Sections 1-105, 1-171.8 and 1-217, respectively, of the
795795 3 Illinois Vehicle Code.
796796 4 (5) "Child care institution" has the meaning ascribed
797797 5 to it in Section 2.06 of the Child Care Act of 1969.
798798 6 (6) "Day care center" has the meaning ascribed to it
799799 7 in Section 2.09 of the Child Care Act of 1969.
800800 8 (7) "Day care home" has the meaning ascribed to it in
801801 9 Section 2.18 of the Child Care Act of 1969.
802802 10 (8) "Facility providing programs or services directed
803803 11 towards persons under the age of 18" means any facility
804804 12 providing programs or services exclusively directed
805805 13 towards persons under the age of 18.
806806 14 (9) "Group day care home" has the meaning ascribed to
807807 15 it in Section 2.20 of the Child Care Act of 1969.
808808 16 (10) "Internet" has the meaning set forth in Section
809809 17 16-0.1 of this Code.
810810 18 (11) "Loiter" means:
811811 19 (i) Standing, sitting idly, whether or not the
812812 20 person is in a vehicle, or remaining in or around
813813 21 school or public park property.
814814 22 (ii) Standing, sitting idly, whether or not the
815815 23 person is in a vehicle, or remaining in or around
816816 24 school or public park property, for the purpose of
817817 25 committing or attempting to commit a sex offense.
818818 26 (iii) Entering or remaining in a building in or
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829829 1 around school property, other than the offender's
830830 2 residence.
831831 3 (12) "Part day child care facility" has the meaning
832832 4 ascribed to it in Section 2.10 of the Child Care Act of
833833 5 1969.
834834 6 (13) "Playground" means a piece of land owned or
835835 7 controlled by a unit of local government that is
836836 8 designated by the unit of local government for use solely
837837 9 or primarily for children's recreation.
838838 10 (14) "Public park" includes a park, forest preserve,
839839 11 bikeway, trail, or conservation area under the
840840 12 jurisdiction of the State or a unit of local government.
841841 13 (15) "School" means a public or private preschool or
842842 14 elementary or secondary school.
843843 15 (16) "School official" means the principal, a teacher,
844844 16 or any other certified employee of the school, the
845845 17 superintendent of schools or a member of the school board.
846846 18 (e) For the purposes of this Section, the 500 feet
847847 19 distance shall be measured from: (1) the edge of the property
848848 20 of the school building or the real property comprising the
849849 21 school that is closest to the edge of the property of the child
850850 22 sex offender's residence or where he or she is loitering, and
851851 23 (2) the edge of the property comprising the public park
852852 24 building or the real property comprising the public park,
853853 25 playground, child care institution, day care center, part day
854854 26 child care facility, or facility providing programs or
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865865 1 services exclusively directed toward persons under 18 years of
866866 2 age, or a victim of the sex offense who is under 21 years of
867867 3 age, to the edge of the child sex offender's place of residence
868868 4 or place where he or she is loitering.
869869 5 (f) Sentence. A person who violates this Section is guilty
870870 6 of a Class 4 felony.
871871 7 (Source: P.A. 102-997, eff. 1-1-23.)
872872 8 (720 ILCS 5/11-25)
873873 9 Sec. 11-25. Grooming.
874874 10 (a) A person commits grooming when he or she knowingly
875875 11 uses a computer on-line service, Internet service, local
876876 12 bulletin board service, or any other device capable of
877877 13 electronic data storage or transmission, performs an act in
878878 14 person or by conduct through a third party, or uses written
879879 15 communication to seduce, solicit, lure, or entice, or attempt
880880 16 to seduce, solicit, lure, or entice, a child, a child's
881881 17 guardian, or another person believed by the person to be a
882882 18 child or a child's guardian, to commit any sex offense as
883883 19 defined in Section 2 of the Sex Offender Registration Act, to
884884 20 distribute photographs depicting the sex organs of the child,
885885 21 or to otherwise engage in any unlawful sexual conduct with a
886886 22 child or with another person believed by the person to be a
887887 23 child. As used in this Section, "child" means a person under 17
888888 24 years of age.
889889 25 (a-5) Prohibition of plea bargains.
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