96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2589


 
Introduced 1/21/2010, by Sen. David Luechtefeld
 
SYNOPSIS AS INTRODUCED:
 		





 










720 ILCS 5/11-9
  from Ch. 38, par. 11-9


720 ILCS 5/11-9.1
  from Ch. 38, par. 11-9.1








     Amends the Criminal Code of 1961.  Provides that public indecency and sexual exploitation of a child are Class 4 felonies if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds.
  















LRB096 17651 RLC 33009 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






SB2589

LRB096 17651 RLC 33009 b





  
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    AN ACT concerning criminal law.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  
 
 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Sections 11-9 and 11-9.1 as follows:
 



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    (720 ILCS 5/11-9)  (from Ch. 38, par. 11-9)



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    Sec. 11-9. Public indecency. 

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    (a) Any person of the age of 17 years and upwards who 
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performs any of
the following acts in a public place commits a 
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public indecency:


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        (1) An act of sexual penetration or sexual conduct as 
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    defined in Section
12-12 of this Code; or


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        (2) A lewd exposure of the body done with intent to 
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    arouse or to satisfy
the sexual desire of the person.

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    Breast-feeding of infants is not an act of public 
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indecency.

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    (b) "Public place" for purposes of this Section means any 
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place where
the conduct may reasonably be expected to be viewed 
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by others.

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    (c) Sentence.

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    Public indecency is a Class A misdemeanor.
A person 
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convicted of a third or subsequent violation for public 
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indecency
is guilty of a Class 4 felony. Public indecency is a 
 


 






SB2589
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Class 4 felony if committed by a person 18 years of age or 
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older who is on or within 500 feet of elementary or secondary 
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school grounds when children are present on the grounds. 

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(Source: P.A. 91-115, eff. 1-1-00.)

 



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    (720 ILCS 5/11-9.1)  (from Ch. 38, par. 11-9.1)



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    Sec. 11-9.1. Sexual exploitation of a child. 

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    (a) Any person commits sexual exploitation of a child if in 
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the presence
of a child and with intent or knowledge that a 
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child would view his or her
acts, that person:


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        (1) engages in a sexual act; or


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        (2) exposes his or her sex organs, anus or breast for 
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    the purpose of
sexual arousal or gratification of such 
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    person or the child.

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    (a-5) A person commits sexual exploitation of a child who 
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knowingly
entices, coerces, or persuades a child to remove the 
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child's clothing for the
purpose of sexual arousal or 
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gratification of the person or the child, or
both.

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    (b) Definitions.  As used in this Section:

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    "Sexual act" means masturbation, sexual conduct or sexual 
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penetration
as defined in Section 12-12 of this Code.

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    "Sex offense" means any violation
of
Article 11 of this 
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Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15,

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12-16, or 12-16.2 of this Code.

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    "Child" means a person under 17 years of age.

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    (c) Sentence.


 


 






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LRB096 17651 RLC 33009 b




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        (1) Sexual exploitation of a child is a Class A 
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    misdemeanor.  A second
or subsequent violation of this 
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    Section or a substantially similar law of another state is 
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    a Class 4 felony.


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        (2) Sexual exploitation of a child is a Class 4 felony 
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    if the person has
been previously convicted of a sex 
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    offense.
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        (3) Sexual exploitation of a child is a Class 4 felony 
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    if the victim was under 13 years of age at the time of the 
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    commission of the offense.


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        (4)  Sexual exploitation of a child is a Class 4 felony 
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    if committed by a person 18 years of age or older who is on 
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    or within 500 feet of elementary or secondary school 
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    grounds when children are present on the grounds. 
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(Source: P.A. 94-140, eff. 7-7-05.)