Statutes > Illinois Statutes > CHAPTER 720 CRIMINAL OFFENSES > 720 ILCS 5/ Criminal Code of 1961. > Article 11 - Sex Offenses

Article 11 - Sex Offenses


      (720 ILCS 5/Art. 11 heading)
ARTICLE 11. SEX OFFENSES

    (720 ILCS 5/11‑6)(from Ch. 38, par. 11‑6)
    Sec. 11‑6. Indecent solicitation of a child.
    (a) A person of the age of 17 years and upwards commits the offense of indecent solicitation of a child if the person, with the intent that the offense of aggravated criminal sexual assault, criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed, knowingly solicits a child or one whom he or she believes to be a child to perform an act of sexual penetration or sexual conduct as defined in Section 12‑12 of this Code.
    (a‑5) A person of the age of 17 years and upwards commits the offense of indecent solicitation of a child if the person knowingly discusses an act of sexual conduct or sexual penetration with a child or with one whom he or she believes to be a child by means of the Internet with the intent that the offense of aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed.
    (a‑6) It is not a defense to subsection (a‑5) that the person did not solicit the child to perform sexual conduct or sexual penetration with the person.
    (b) Definitions. As used in this Section:
        "Solicit" means to command, authorize, urge, incite,
     request, or advise another to perform an act by any means including, but not limited to, in person, over the phone, in writing, by computer, or by advertisement of any kind.
        "Child" means a person under 17 years of age.
        "Internet" means an interactive computer service or
     system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.
        "Sexual penetration" or "sexual conduct" are defined
     in Section 12‑12 of this Code.
    (c) Sentence. Indecent solicitation of a child under subsection (a) is:
        (1) a Class 1 felony when the act, if done, would be
     predatory criminal sexual assault of a child or aggravated criminal sexual assault;
        (2) a Class 2 felony when the act, if done, would be
     criminal sexual assault;
        (3) a Class 3 felony when the act, if done, would be
     aggravated criminal sexual abuse.
    Indecent solicitation of a child under subsection (a‑5) is a Class 4 felony.
(Source: P.A. 95‑143, eff. 1‑1‑08.)

    (720 ILCS 5/11‑6.5)
    Sec. 11‑6.5. Indecent solicitation of an adult.
    (a) A person commits indecent solicitation of an adult if the person:
        (1) Arranges for a person 17 years of age or over to
     commit an act of sexual penetration as defined in Section 12‑12 with a person:
            (i) Under the age of 13 years; or
            (ii) Thirteen years of age or over but under the
         age of 17 years; or
        (2) Arranges for a person 17 years of age or over to
     commit an act of sexual conduct as defined in Section 12‑12 with a person:
            (i) Under the age of 13 years; or
            (ii) Thirteen years of age or older but under
         the age of 17 years.
    (b) Sentence.
        (1) Violation of paragraph (a)(1)(i) is a Class X
     felony.
        (2) Violation of paragraph (a)(1)(ii) is a Class 1
     felony.
        (3) Violation of paragraph (a)(2)(i) is a Class 2
     felony.
        (4) Violation of paragraph (a)(2)(ii) is a Class A
     misdemeanor.
    (c) For the purposes of this Section, "arranges" includes but is not limited to oral or written communication and communication by telephone, computer, or other electronic means. "Computer" has the meaning ascribed to it in Section 16D‑2 of this Code.
(Source: P.A. 88‑165; 89‑203, eff. 7‑21‑95.)

    (720 ILCS 5/11‑6.6)
    Sec. 11‑6.6. Solicitation to meet a child.
    (a) A person of the age of 18 or more years commits the offense of solicitation to meet a child if the person while using a computer, cellular telephone, or any other device, with the intent to meet a child or one whom he or she believes to be a child, solicits, entices, induces, or arranges with the child to meet at a location without the knowledge of the child's parent or guardian and the meeting with the child is arranged for a purpose other than a lawful purpose under Illinois law.
    (b) Sentence. Solicitation to meet a child is a Class A misdemeanor. Solicitation to meet a child is a Class 4 felony when the solicitor believes he or she is 5 or more years older than the child.
    (c) For purposes of this Section, "child" means any person under 17 years of age; and "computer" has the meaning ascribed to it in Section 16D‑2 of this Code.
(Source: P.A. 95‑983, eff. 6‑1‑09.)

    (720 ILCS 5/11‑7) (from Ch. 38, par. 11‑7)
    Sec. 11‑7. Adultery.) (a) Any person who has sexual intercourse with another not his spouse commits adultery, if the behavior is open and notorious, and
    (1) The person is married and the other person involved in such intercourse is not his spouse; or
    (2) The person is not married and knows that the other person involved in such intercourse is married.
    A person shall be exempt from prosecution under this Section if his liability is based solely on evidence he has given in order to comply with the requirements of Section 4‑1.7 of "The Illinois Public Aid Code", approved April 11, 1967, as amended.
    (b) Sentence.
    Adultery is a Class A misdemeanor.
(Source: P.A. 86‑490.)

    (720 ILCS 5/11‑8) (from Ch. 38, par. 11‑8)
    Sec. 11‑8. Fornication.) (a) Any person who has sexual intercourse with another not his spouse commits fornication if the behavior is open and notorious.
    A person shall be exempt from prosecution under this Section if his liability is based solely on evidence he has given in order to comply with the requirements of Section 4‑1.7 of "The Illinois Public Aid Code", approved April 11, 1967, as amended.
    (b) Sentence.
    Fornication is a Class B misdemeanor.
(Source: P.A. 86‑490.)

    (720 ILCS 5/11‑9)(from Ch. 38, par. 11‑9)
    Sec. 11‑9. Public indecency.
    (a) Any person of the age of 17 years and upwards who performs any of the following acts in a public place commits a public indecency:
        (1) An act of sexual penetration or sexual conduct as
    defined in Section 12‑12 of this Code; or
        (2) A lewd exposure of the body done with intent to
    arouse or to satisfy the sexual desire of the person.
    Breast‑feeding of infants is not an act of public indecency.
    (b) "Public place" for purposes of this Section means any place where the conduct may reasonably be expected to be viewed by others.
    (c) Sentence.
    Public indecency is a Class A misdemeanor. A person convicted of a third or subsequent violation for public indecency is guilty of a Class 4 felony. Public indecency is a Class 4 felony 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.
(Source: P.A. 96‑1098, eff. 1‑1‑11.)

    (720 ILCS 5/11‑9.1)(from Ch. 38, par. 11‑9.1)
    Sec. 11‑9.1. Sexual exploitation of a child.
    (a) Any person commits sexual exploitation of a child if in the presence of a child and with intent or knowledge that a child would view his or her acts, that person:
        (1) engages in a sexual act; or
        (2) exposes his or her sex organs, anus or breast
     for the purpose of sexual arousal or gratification of such person or the child.
    (a‑5) A person commits sexual exploitation of a child who knowingly entices, coerces, or persuades a child to remove the child's clothing for the purpose of sexual arousal or gratification of the person or the child, or both.
    (b) Definitions. As used in this Section:
    "Sexual act" means masturbation, sexual conduct or sexual penetration as defined in Section 12‑12 of this Code.
    "Sex offense" means any violation of Article 11 of this Code or a violation of Section 12‑13, 12‑14, 12‑14.1, 12‑15, 12‑16, or 12‑16.2 of this Code.
    "Child" means a person under 17 years of age.
    (c) Sentence.
        (1) Sexual exploitation of a child is a Class A
     misdemeanor. A second or subsequent violation of this Section or a substantially similar law of another state is a Class 4 felony.
        (2) Sexual exploitation of a child is a Class 4
     felony if the person has been previously convicted of a sex offense.
        (3) Sexual exploitation of a child is a Class 4
     felony if the victim was under 13 years of age at the time of the commission of the offense.
(Source: P.A. 94‑140, eff. 7‑7‑05.)

    (720 ILCS 5/11‑9.2)
    Sec. 11‑9.2. Custodial sexual misconduct.
    (a) A person commits the offense of custodial sexual misconduct when: (1) he or she is an employee of a penal system and engages in sexual conduct or sexual penetration with a person who is in the custody of that penal system or (2) he or she is an employee of a treatment and detention facility and engages in sexual conduct or sexual penetration with a person who is in the custody of that treatment and detention facility.
    (b) A probation or supervising officer or surveillance agent commits the offense of custodial sexual misconduct when the probation or supervising officer or surveillance agent engages in sexual conduct or sexual penetration with a probationer, parolee, or releasee or person serving a term of conditional release who is under the supervisory, disciplinary, or custodial authority of the officer or agent so engaging in the sexual conduct or sexual penetration.
    (c) Custodial sexual misconduct is a Class 3 felony.
    (d) Any person convicted of violating this Section immediately shall forfeit his or her employment with a penal system, treatment and detention facility, or conditional release program.
    (e) For purposes of this Section, the consent of the probationer, parolee, releasee, or inmate in custody of the penal system or person detained or civilly committed under the Sexually Violent Persons Commitment Act shall not be a defense to a prosecution under this Section. A person is deemed incapable of consent, for purposes of this Section, when he or she is a probationer, parolee, releasee, or inmate in custody of a penal system or person detained or civilly committed under the Sexually Violent Persons Commitment Act.
    (f) This Section does not apply to:
        (1) Any employee, probation or supervising officer,
     or surveillance agent who is lawfully married to a person in custody if the marriage occurred before the date of custody.
        (2) Any employee, probation or supervising officer,
     or surveillance agent who has no knowledge, and would have no reason to believe, that the person with whom he or she engaged in custodial sexual misconduct was a person in custody.
    (g) In this Section:
        (1) "Custody" means:
            (i) pretrial incarceration or detention;
            (ii) incarceration or detention under a sentence
         or commitment to a State or local penal institution;
            (iii) parole or mandatory supervised release;
            (iv) electronic home detention;
            (v) probation;
            (vi) detention or civil commitment either in
         secure care or in the community under the Sexually Violent Persons Commitment Act.
        (2) "Penal system" means any system which includes
     institutions as defined in Section 2‑14 of this Code or a county shelter care or detention home established under Section 1 of the County Shelter Care and Detention Home Act.
        (2.1) "Treatment and detention facility" means any
     Department of Human Services facility established for the detention or civil commitment of persons under the Sexually Violent Persons Commitment Act.
        (2.2) "Conditional release" means a program of
     treatment and services, vocational services, and alcohol or other drug abuse treatment provided to any person civilly committed and conditionally released to the community under the Sexually Violent Persons Commitment Act;
        (3) "Employee" means:
            (i) an employee of any governmental agency of
         this State or any county or municipal corporation that has by statute, ordinance, or court order the responsibility for the care, control, or supervision of pretrial or sentenced persons in a penal system or persons detained or civilly committed under the Sexually Violent Persons Commitment Act;
            (ii) a contractual employee of a penal system as
         defined in paragraph (g)(2) of this Section who works in a penal institution as defined in Section 2‑14 of this Code;
            (iii) a contractual employee of a "treatment
         and detention facility" as defined in paragraph (g)(2.1) of this Code or a contractual employee of the Department of Human Services who provides supervision of persons serving a term of conditional release as defined in paragraph (g)(2.2) of this Code.
        (4) "Sexual conduct" or "sexual penetration" means
     any act of sexual conduct or sexual penetration as defined in Section 12‑12 of this Code.
        (5) "Probation officer" means any person employed in
     a probation or court services department as defined in Section 9b of the Probation and Probation Officers Act.
        (6) "Supervising officer" means any person employed
     to supervise persons placed on parole or mandatory supervised release with the duties described in Section 3‑14‑2 of the Unified Code of Corrections.
        (7) "Surveillance agent" means any person employed
     or contracted to supervise persons placed on conditional release in the community under the Sexually Violent Persons Commitment Act.
(Source: P.A. 92‑415, eff. 8‑17‑01.)

    (720 ILCS 5/11‑9.3)
    Sec. 11‑9.3. Presence within school zone by child sex offenders prohibited.
    (a) It is unlawful for a child sex offender to knowingly be present in any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when persons under the age of 18 are present in the building, on the grounds or in the conveyance, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or unless the offender has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official. A child sex offender who violates this provision is guilty of a Class 4 felony.
    (a‑5) It is unlawful for a child sex offender to knowingly be present within 100 feet of a site posted as a pick‑up or discharge stop for a conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when one or more persons under the age of 18 are present at the site.
    (b) It is unlawful for a child sex offender to knowingly loiter within 500 feet of a school building or real property comprising any school while persons under the age of 18 are present in the building or on the grounds, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official. A child sex offender who violates this provision is guilty of a Class 4 felony.
    (b‑5) It is unlawful for a child sex offender to knowingly reside within 500 feet of a school building or the real property comprising any school that persons under the age of 18 attend. Nothing in this subsection (b‑5) prohibits a child sex offender from residing within 500 feet of a school building or the real property comprising any school that persons under 18 attend if the property is owned by the child sex offender and was purchased before the effective date of this amendatory Act of the 91st General Assembly.
    (c) Definitions. In this Section:
        (1) "Child sex offender" means any person who:
            (i) has been charged under Illinois law, or any
         substantially similar federal law or law of another state, with a sex offense set forth in paragraph (2) of this subsection (c) or the attempt to commit an included sex offense, and:
                (A) is convicted of such offense or an
             attempt to commit such offense; or
                (B) is found not guilty by reason of
             insanity of such offense or an attempt to commit such offense; or
                (C) is found not guilty by reason of
             insanity pursuant to subsection (c) of Section 104‑25 of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense; or
                (D) is the subject of a finding not
             resulting in an acquittal at a hearing conducted pursuant to subsection (a) of Section 104‑25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense; or
                (E) is found not guilty by reason of
             insanity following a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (c) of Section 104‑25 of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such offense; or
                (F) is the subject of a finding not
             resulting in an acquittal at a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (a) of Section 104‑25 of the Code of Criminal Procedure of 1963 for the alleged violation or attempted commission of such offense; or
            (ii) is certified as a sexually dangerous person
         pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially similar federal law or the law of another state, when any conduct giving rise to such certification is committed or attempted against a person less than 18 years of age; or
            (iii) is subject to the provisions of Section 2
         of the Interstate Agreements on Sexually Dangerous Persons Act.
        Convictions that result from or are connected with
     the same act, or result from offenses committed at the same time, shall be counted for the purpose of this Section as one conviction. Any conviction set aside pursuant to law is not a conviction for purposes of this Section.
        (2) Except as otherwise provided in paragraph (2