Illinois-2023-HB5556-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5556

Introduced , by Rep. Mary Gill

SYNOPSIS AS INTRODUCED:

See Index

Amends the Criminal Code of 2012. Provides that a person commits the offense of trafficking in persons when the person knowingly: (1) maintains by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise or maintain by any means, another person, intending or knowing that the person will be subjected to prostitution or a commercial sex act; or (2) recruits, entices, harbors, transports, provides, obtains, advertises, or maintains by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise or maintain by any means, another person, intending or knowing that the person will be subjected to prostitution or a commercial sex act as a result of coercion. Provides that in determining sentences for human trafficking within statutory maximums, the sentencing court may provide for substantially increased sentences in cases involving more than 5 (rather than 10) victims. Changes the name of the offense of promoting prostitution to promoting or facilitating prostitution. Provides that a person commits the offense if the person: (1) owns, manages, or operates an interactive computer service or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person; or (2) owns, manages, or operates an interactive computer service or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person; and (A) promotes or facilitates the prostitution of 5 or more persons; or (B) acts in reckless disregard of the fact that such conduct contributed to sex trafficking in violation of the trafficking in persons law. Defines "interactive computer service". Amends various other Acts to make conforming changes.

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A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Liquor Control Act of 1934 is amended by

5 changing Section 6-2 as follows:

6 (235 ILCS 5/6-2) (from Ch. 43, par. 120)

7 Sec. 6-2. Issuance of licenses to certain persons

8 prohibited.

9 (a) Except as otherwise provided in subsection (b) of this

10 Section and in paragraph (1) of subsection (a) of Section

11 3-12, no license of any kind issued by the State Commission or

12 any local commission shall be issued to:

13 (1) A person who is not a resident of any city, village

14 or county in which the premises covered by the license are

15 located; except in case of railroad or boat licenses.

16 (2) A person who is not of good character and

17 reputation in the community in which he resides.

18 (3) (Blank).

19 (4) A person who has been convicted of a felony under

20 any Federal or State law, unless the Commission determines

21 that such person will not be impaired by the conviction in

22 engaging in the licensed practice after considering

23 matters set forth in such person's application in

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1 accordance with Section 6-2.5 of this Act and the

2 Commission's investigation.

3 (5) A person who has been convicted of keeping a place

4 of prostitution or keeping a place of juvenile

5 prostitution, promoting or facilitating prostitution that

6 involves keeping a place of prostitution, or promoting

7 juvenile prostitution that involves keeping a place of

8 juvenile prostitution.

9 (6) A person who has been convicted of pandering.

10 (7) A person whose license issued under this Act has

11 been revoked for cause.

12 (8) A person who at the time of application for

13 renewal of any license issued hereunder would not be

14 eligible for such license upon a first application.

15 (9) A copartnership, if any general partnership

16 thereof, or any limited partnership thereof, owning more

17 than 5% of the aggregate limited partner interest in such

18 copartnership would not be eligible to receive a license

19 hereunder for any reason other than residence within the

20 political subdivision, unless residency is required by

21 local ordinance.

22 (10) A corporation or limited liability company, if

23 any member, officer, manager or director thereof, or any

24 stockholder or stockholders owning in the aggregate more

25 than 5% of the stock of such corporation, would not be

26 eligible to receive a license hereunder for any reason

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1 other than residence within the political subdivision.

2 (10a) A corporation or limited liability company

3 unless it is incorporated or organized in Illinois, or

4 unless it is a foreign corporation or foreign limited

5 liability company which is qualified under the Business

6 Corporation Act of 1983 or the Limited Liability Company

7 Act to transact business in Illinois. The Commission shall

8 permit and accept from an applicant for a license under

9 this Act proof prepared from the Secretary of State's

10 website that the corporation or limited liability company

11 is in good standing and is qualified under the Business

12 Corporation Act of 1983 or the Limited Liability Company

13 Act to transact business in Illinois.

14 (11) A person whose place of business is conducted by

15 a manager or agent unless the manager or agent possesses

16 the same qualifications required by the licensee.

17 (12) A person who has been convicted of a violation of

18 any Federal or State law concerning the manufacture,

19 possession or sale of alcoholic liquor, subsequent to the

20 passage of this Act or has forfeited his bond to appear in

21 court to answer charges for any such violation, unless the

22 Commission determines, in accordance with Section 6-2.5 of

23 this Act, that the person will not be impaired by the

24 conviction in engaging in the licensed practice.

25 (13) A person who does not beneficially own the

26 premises for which a license is sought, or does not have a

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1 lease thereon for the full period for which the license is

2 to be issued.

3 (14) Any law enforcing public official, including

4 members of local liquor control commissions, any mayor,

5 alderperson, or member of the city council or commission,

6 any president of the village board of trustees, any member

7 of a village board of trustees, or any president or member

8 of a county board; and no such official shall have a direct

9 interest in the manufacture, sale, or distribution of

10 alcoholic liquor, except that a license may be granted to

11 such official in relation to premises that are not located

12 within the territory subject to the jurisdiction of that

13 official if the issuance of such license is approved by

14 the State Liquor Control Commission and except that a

15 license may be granted, in a city or village with a

16 population of 55,000 or less, to any alderperson, member

17 of a city council, or member of a village board of trustees

18 in relation to premises that are located within the

19 territory subject to the jurisdiction of that official if

20 (i) the sale of alcoholic liquor pursuant to the license

21 is incidental to the selling of food, (ii) the issuance of

22 the license is approved by the State Commission, (iii) the

23 issuance of the license is in accordance with all

24 applicable local ordinances in effect where the premises

25 are located, and (iv) the official granted a license does

26 not vote on alcoholic liquor issues pending before the

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1 board or council to which the license holder is elected.

2 Notwithstanding any provision of this paragraph (14) to

3 the contrary, an alderperson or member of a city council

4 or commission, a member of a village board of trustees

5 other than the president of the village board of trustees,

6 or a member of a county board other than the president of a

7 county board may have a direct interest in the

8 manufacture, sale, or distribution of alcoholic liquor as

9 long as he or she is not a law enforcing public official, a

10 mayor, a village board president, or president of a county

11 board. To prevent any conflict of interest, the elected

12 official with the direct interest in the manufacture,

13 sale, or distribution of alcoholic liquor shall not

14 participate in any meetings, hearings, or decisions on

15 matters impacting the manufacture, sale, or distribution

16 of alcoholic liquor. Furthermore, the mayor of a city with

17 a population of 55,000 or less or the president of a

18 village with a population of 55,000 or less may have an

19 interest in the manufacture, sale, or distribution of

20 alcoholic liquor as long as the council or board over

21 which he or she presides has made a local liquor control

22 commissioner appointment that complies with the

23 requirements of Section 4-2 of this Act.

24 (15) A person who is not a beneficial owner of the

25 business to be operated by the licensee.

26 (16) A person who has been convicted of a gambling

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1 offense as proscribed by any of subsections (a) (3)

2 through (a) (11) of Section 28-1 of, or as proscribed by

3 Section 28-1.1 or 28-3 of, the Criminal Code of 1961 or the

4 Criminal Code of 2012, or as proscribed by a statute

5 replaced by any of the aforesaid statutory provisions.

6 (17) A person or entity to whom a federal wagering

7 stamp has been issued by the federal government, unless

8 the person or entity is eligible to be issued a license

9 under the Raffles and Poker Runs Act or the Illinois Pull

10 Tabs and Jar Games Act.

11 (18) A person who intends to sell alcoholic liquors

12 for use or consumption on his or her licensed retail

13 premises who does not have liquor liability insurance

14 coverage for that premises in an amount that is at least

15 equal to the maximum liability amounts set out in

16 subsection (a) of Section 6-21.

17 (19) A person who is licensed by any licensing

18 authority as a manufacturer of beer, or any partnership,

19 corporation, limited liability company, or trust or any

20 subsidiary, affiliate, or agent thereof, or any other form

21 of business enterprise licensed as a manufacturer of beer,

22 having any legal, equitable, or beneficial interest,

23 directly or indirectly, in a person licensed in this State

24 as a distributor or importing distributor. For purposes of

25 this paragraph (19), a person who is licensed by any

26 licensing authority as a "manufacturer of beer" shall also

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1 mean a brewer and a non-resident dealer who is also a

2 manufacturer of beer, including a partnership,

3 corporation, limited liability company, or trust or any

4 subsidiary, affiliate, or agent thereof, or any other form

5 of business enterprise licensed as a manufacturer of beer.

6 (20) A person who is licensed in this State as a

7 distributor or importing distributor, or any partnership,

8 corporation, limited liability company, or trust or any

9 subsidiary, affiliate, or agent thereof, or any other form

10 of business enterprise licensed in this State as a

11 distributor or importing distributor having any legal,

12 equitable, or beneficial interest, directly or indirectly,

13 in a person licensed as a manufacturer of beer by any

14 licensing authority, or any partnership, corporation,

15 limited liability company, or trust or any subsidiary,

16 affiliate, or agent thereof, or any other form of business

17 enterprise, except for a person who owns, on or after the

18 effective date of this amendatory Act of the 98th General

19 Assembly, no more than 5% of the outstanding shares of a

20 manufacturer of beer whose shares are publicly traded on

21 an exchange within the meaning of the Securities Exchange

22 Act of 1934. For the purposes of this paragraph (20), a

23 person who is licensed by any licensing authority as a

24 "manufacturer of beer" shall also mean a brewer and a

25 non-resident dealer who is also a manufacturer of beer,

26 including a partnership, corporation, limited liability

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1 company, or trust or any subsidiary, affiliate, or agent

2 thereof, or any other form of business enterprise licensed

3 as a manufacturer of beer.

4 (b) A criminal conviction of a corporation is not grounds

5 for the denial, suspension, or revocation of a license applied

6 for or held by the corporation if the criminal conviction was

7 not the result of a violation of any federal or State law

8 concerning the manufacture, possession or sale of alcoholic

9 liquor, the offense that led to the conviction did not result

10 in any financial gain to the corporation and the corporation

11 has terminated its relationship with each director, officer,

12 employee, or controlling shareholder whose actions directly

13 contributed to the conviction of the corporation. The

14 Commission shall determine if all provisions of this

15 subsection (b) have been met before any action on the

16 corporation's license is initiated.

17 (Source: P.A. 101-541, eff. 8-23-19; 102-15, eff. 6-17-21.)

18 Section 10. The Criminal Code of 2012 is amended by

19 changing Sections 10-9, 11-9.3, 11-14.3, 11-14.4, 11-18,

20 11-18.1, and 33G-3 as follows:

21 (720 ILCS 5/10-9)

22 Sec. 10-9. Trafficking in persons, involuntary servitude,

23 and related offenses.

24 (a) Definitions. In this Section:

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1 (1) "Intimidation" has the meaning prescribed in Section

2 12-6.

3 (2) "Commercial sexual activity" means any sex act on

4 account of which anything of value is given, promised to, or

5 received by any person.

6 (2.5) "Company" means any sole proprietorship,

7 organization, association, corporation, partnership, joint

8 venture, limited partnership, limited liability partnership,

9 limited liability limited partnership, limited liability

10 company, or other entity or business association, including

11 all wholly owned subsidiaries, majority-owned subsidiaries,

12 parent companies, or affiliates of those entities or business

13 associations, that exist for the purpose of making profit.

14 (3) "Financial harm" includes intimidation that brings

15 about financial loss, criminal usury, or employment contracts

16 that violate the Frauds Act.

17 (4) (Blank).

18 (5) "Labor" means work of economic or financial value.

19 (6) "Maintain" means, in relation to labor or services, to

20 secure continued performance thereof, regardless of any

21 initial agreement on the part of the victim to perform that

22 type of service.

23 (7) "Obtain" means, in relation to labor or services, to

24 secure performance thereof.

25 (7.5) "Serious harm" means any harm, whether physical or

26 nonphysical, including psychological, financial, or

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1 reputational harm, that is sufficiently serious, under all the

2 surrounding circumstances, to compel a reasonable person of

3 the same background and in the same circumstances to perform

4 or to continue performing labor or services in order to avoid

5 incurring that harm.

6 (8) "Services" means activities resulting from a

7 relationship between a person and the actor in which the

8 person performs activities under the supervision of or for the

9 benefit of the actor. Commercial sexual activity and

10 sexually-explicit performances are forms of activities that

11 are "services" under this Section. Nothing in this definition

12 may be construed to legitimize or legalize prostitution.

13 (9) "Sexually-explicit performance" means a live,

14 recorded, broadcast (including over the Internet), or public

15 act or show intended to arouse or satisfy the sexual desires or

16 appeal to the prurient interests of patrons.

17 (10) "Trafficking victim" means a person subjected to the

18 practices set forth in subsection (b), (c), or (d).

19 (b) Involuntary servitude. A person commits involuntary

20 servitude when he or she knowingly subjects, attempts to

21 subject, or engages in a conspiracy to subject another person

22 to labor or services obtained or maintained through any of the

23 following means, or any combination of these means:

24 (1) causes or threatens to cause physical harm to any

25 person;

26 (2) physically restrains or threatens to physically

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1 restrain another person;

2 (3) abuses or threatens to abuse the law or legal

3 process;

4 (4) knowingly destroys, conceals, removes,

5 confiscates, or possesses any actual or purported passport

6 or other immigration document, or any other actual or

7 purported government identification document, of another

8 person;

9 (5) uses intimidation, or exerts financial control

10 over any person; or

11 (6) uses any scheme, plan, or pattern intended to

12 cause the person to believe that, if the person did not

13 perform the labor or services, that person or another

14 person would suffer serious harm or physical restraint.

15 Sentence. Except as otherwise provided in subsection (e)

16 or (f), a violation of subsection (b)(1) is a Class X felony,

17 (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)

18 is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.

19 (c) Involuntary sexual servitude of a minor. A person

20 commits involuntary sexual servitude of a minor when he or she

21 knowingly recruits, entices, harbors, transports, provides, or

22 obtains by any means, or attempts to recruit, entice, harbor,

23 provide, or obtain by any means, another person under 18 years

24 of age, knowing that the minor will engage in commercial

25 sexual activity, a sexually-explicit performance, or the

26 production of pornography, or causes or attempts to cause a

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1 minor to engage in one or more of those activities and:

2 (1) there is no overt force or threat and the minor is

3 between the ages of 17 and 18 years;

4 (2) there is no overt force or threat and the minor is

5 under the age of 17 years; or

6 (3) there is overt force or threat.

7 Sentence. Except as otherwise provided in subsection (e)

8 or (f), a violation of subsection (c)(1) is a Class 1 felony,

9 (c)(2) is a Class X felony, and (c)(3) is a Class X felony.

10 (d) Trafficking in persons. A person commits trafficking

11 in persons when he or she knowingly: (1) recruits, entices,

12 harbors, transports, provides, or obtains by any means, or

13 attempts to recruit, entice, harbor, transport, provide, or

14 obtain by any means, another person, intending or knowing that

15 the person will be subjected to involuntary servitude; ~~or~~ (2)

16 benefits, financially or by receiving anything of value, from

17 participation in a venture that has engaged in an act of

18 involuntary servitude or involuntary sexual servitude of a

19 minor; (3) maintains by any means, or attempts to recruit,

20 entice, harbor, transport, provide, obtain, advertise or

21 maintain by any means, another person, intending or knowing

22 that the person will be subjected to prostitution or a

23 commercial sex act; or (4) recruits, entices, harbors,

24 transports, provides, obtains, advertises, or maintains by any

25 means, or attempts to recruit, entice, harbor, transport,

26 provide, obtain, advertise or maintain by any means, another

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1 person, intending or knowing that the person will be subjected

2 to prostitution or a commercial sex act as a result of

3 coercion. A company commits trafficking in persons when the

4 company knowingly benefits, financially or by receiving

5 anything of value, from participation in a venture that has

6 engaged in an act of prostitution of another person,

7 involuntary servitude of another person, or involuntary sexual

8 servitude of a minor.

9 Sentence. Except as otherwise provided in subsection (e)

10 or (f), a violation of this subsection by a person is a Class 1

11 felony. A violation of this subsection by a company is a

12 business offense for which a fine of up to $100,000 may be

13 imposed.

14 (e) Aggravating factors. A violation of this Section

15 involving kidnapping or an attempt to kidnap, aggravated

16 criminal sexual assault or an attempt to commit aggravated

17 criminal sexual assault, or an attempt to commit first degree

18 murder is a Class X felony.

19 (f) Sentencing considerations.

20 (1) Bodily injury. If, pursuant to a violation of this

21 Section, a victim suffered bodily injury, the defendant

22 may be sentenced to an extended-term sentence under

23 Section 5-8-2 of the Unified Code of Corrections. The

24 sentencing court must take into account the time in which

25 the victim was held in servitude, with increased penalties

26 for cases in which the victim was held for between 180 days

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1 and one year, and increased penalties for cases in which

2 the victim was held for more than one year.

3 (2) Number of victims. In determining sentences within

4 statutory maximums, the sentencing court should take into

5 account the number of victims, and may provide for

6 substantially increased sentences in cases involving more

7 than 5 ~~10~~ victims.

8 (g) Restitution. Restitution is mandatory under this

9 Section. In addition to any other amount of loss identified,

10 the court shall order restitution including the greater of (1)

11 the gross income or value to the defendant of the victim's

12 labor or services or (2) the value of the victim's labor as

13 guaranteed under the Minimum Wage Law and overtime provisions

14 of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,

15 whichever is greater.

16 (g-5) Fine distribution. If the court imposes a fine under

17 subsection (b), (c), or (d) of this Section, it shall be

18 collected and distributed to the Specialized Services for

19 Survivors of Human Trafficking Fund in accordance with Section

20 5-9-1.21 of the Unified Code of Corrections.

21 (h) Trafficking victim services. Subject to the

22 availability of funds, the Department of Human Services may

23 provide or fund emergency services and assistance to

24 individuals who are victims of one or more offenses defined in

25 this Section.

26 (i) Certification. The Attorney General, a State's

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1 Attorney, or any law enforcement official shall certify in

2 writing to the United States Department of Justice or other

3 federal agency, such as the United States Department of

4 Homeland Security, that an investigation or prosecution under

5 this Section has begun and the individual who is a likely

6 victim of a crime described in this Section is willing to

7 cooperate or is cooperating with the investigation to enable

8 the individual, if eligible under federal law, to qualify for

9 an appropriate special immigrant visa and to access available

10 federal benefits. Cooperation with law enforcement shall not

11 be required of victims of a crime described in this Section who

12 are under 18 years of age. This certification shall be made

13 available to the victim and his or her designated legal

14 representative.

15 (j) A person who commits involuntary servitude,

16 involuntary sexual servitude of a minor, or trafficking in

17 persons under subsection (b), (c), or (d) of this Section is

18 subject to the property forfeiture provisions set forth in

19 Article 124B of the Code of Criminal Procedure of 1963.

20 (Source: P.A. 101-18, eff. 1-1-20.)

21 (720 ILCS 5/11-9.3)

22 Sec. 11-9.3. Presence within school zone by child sex

23 offenders prohibited; approaching, contacting, residing with,

24 or communicating with a child within certain places by child

25 sex offenders prohibited.

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1 (a) It is unlawful for a child sex offender to knowingly be

2 present in any school building, on real property comprising

3 any school, or in any conveyance owned, leased, or contracted

4 by a school to transport students to or from school or a school

5 related activity when persons under the age of 18 are present

6 in the building, on the grounds or in the conveyance, unless

7 the offender is a parent or guardian of a student attending the

8 school and the parent or guardian is: (i) attending a

9 conference at the school with school personnel to discuss the

10 progress of his or her child academically or socially, (ii)

11 participating in child review conferences in which evaluation

12 and placement decisions may be made with respect to his or her

13 child regarding special education services, or (iii) attending

14 conferences to discuss other student issues concerning his or

15 her child such as retention and promotion and notifies the

16 principal of the school of his or her presence at the school or

17 unless the offender has permission to be present from the

18 superintendent or the school board or in the case of a private

19 school from the principal. In the case of a public school, if

20 permission is granted, the superintendent or school board

21 president must inform the principal of the school where the

22 sex offender will be present. Notification includes the nature

23 of the sex offender's visit and the hours in which the sex

24 offender will be present in the school. The sex offender is

25 responsible for notifying the principal's office when he or

26 she arrives on school property and when he or she departs from

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1 school property. If the sex offender is to be present in the

2 vicinity of children, the sex offender has the duty to remain

3 under the direct supervision of a school official.

4 (a-5) It is unlawful for a child sex offender to knowingly

5 be present within 100 feet of a site posted as a pick-up or

6 discharge stop for a conveyance owned, leased, or contracted

7 by a school to transport students to or from school or a school

8 related activity when one or more persons under the age of 18

9 are present at the site.

10 (a-10) It is unlawful for a child sex offender to

11 knowingly be present in any public park building, a playground

12 or recreation area within any publicly accessible privately

13 owned building, or on real property comprising any public park

14 when persons under the age of 18 are present in the building or

15 on the grounds and to approach, contact, or communicate with a

16 child under 18 years of age, unless the offender is a parent or

17 guardian of a person under 18 years of age present in the

18 building or on the grounds.

19 (b) It is unlawful for a child sex offender to knowingly

20 loiter within 500 feet of a school building or real property

21 comprising any school while persons under the age of 18 are

22 present in the building or on the grounds, unless the offender

23 is a parent or guardian of a student attending the school and

24 the parent or guardian is: (i) attending a conference at the

25 school with school personnel to discuss the progress of his or

26 her child academically or socially, (ii) participating in

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1 child review conferences in which evaluation and placement

2 decisions may be made with respect to his or her child

3 regarding special education services, or (iii) attending

4 conferences to discuss other student issues concerning his or

5 her child such as retention and promotion and notifies the

6 principal of the school of his or her presence at the school or

7 has permission to be present from the superintendent or the

8 school board or in the case of a private school from the

9 principal. In the case of a public school, if permission is

10 granted, the superintendent or school board president must

11 inform the principal of the school where the sex offender will

12 be present. Notification includes the nature of the sex

13 offender's visit and the hours in which the sex offender will

14 be present in the school. The sex offender is responsible for

15 notifying the principal's office when he or she arrives on

16 school property and when he or she departs from school

17 property. If the sex offender is to be present in the vicinity

18 of children, the sex offender has the duty to remain under the

19 direct supervision of a school official.

20 (b-2) It is unlawful for a child sex offender to knowingly

21 loiter on a public way within 500 feet of a public park

22 building or real property comprising any public park while

23 persons under the age of 18 are present in the building or on

24 the grounds and to approach, contact, or communicate with a

25 child under 18 years of age, unless the offender is a parent or

26 guardian of a person under 18 years of age present in the

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1 building or on the grounds.

2 (b-5) It is unlawful for a child sex offender to knowingly

3 reside within 500 feet of a school building or the real

4 property comprising any school that persons under the age of

5 18 attend. Nothing in this subsection (b-5) prohibits a child

6 sex offender from residing within 500 feet of a school

7 building or the real property comprising any school that

8 persons under 18 attend if the property is owned by the child

9 sex offender and was purchased before July 7, 2000 (the

10 effective date of Public Act 91-911).

11 (b-10) It is unlawful for a child sex offender to

12 knowingly reside within 500 feet of a playground, child care

13 institution, day care center, part day child care facility,

14 day care home, group day care home, or a facility providing

15 programs or services exclusively directed toward persons under

16 18 years of age. Nothing in this subsection (b-10) prohibits a

17 child sex offender from residing within 500 feet of a

18 playground or a facility providing programs or services

19 exclusively directed toward persons under 18 years of age if

20 the property is owned by the child sex offender and was

21 purchased before July 7, 2000. Nothing in this subsection

22 (b-10) prohibits a child sex offender from residing within 500

23 feet of a child care institution, day care center, or part day

24 child care facility if the property is owned by the child sex

25 offender and was purchased before June 26, 2006. Nothing in

26 this subsection (b-10) prohibits a child sex offender from

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1 residing within 500 feet of a day care home or group day care

2 home if the property is owned by the child sex offender and was

3 purchased before August 14, 2008 (the effective date of Public

4 Act 95-821).

5 (b-15) It is unlawful for a child sex offender to

6 knowingly reside within 500 feet of the victim of the sex

7 offense. Nothing in this subsection (b-15) prohibits a child

8 sex offender from residing within 500 feet of the victim if the

9 property in which the child sex offender resides is owned by

10 the child sex offender and was purchased before August 22,

11 2002.

12 This subsection (b-15) does not apply if the victim of the

13 sex offense is 21 years of age or older.

14 (b-20) It is unlawful for a child sex offender to

15 knowingly communicate, other than for a lawful purpose under

16 Illinois law, using the Internet or any other digital media,

17 with a person under 18 years of age or with a person whom he or

18 she believes to be a person under 18 years of age, unless the

19 offender is a parent or guardian of the person under 18 years

20 of age.

21 (c) It is unlawful for a child sex offender to knowingly

22 operate, manage, be employed by, volunteer at, be associated

23 with, or knowingly be present at any: (i) facility providing

24 programs or services exclusively directed toward persons under

25 the age of 18; (ii) day care center; (iii) part day child care

26 facility; (iv) child care institution; (v) school providing

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1 before and after school programs for children under 18 years

2 of age; (vi) day care home; or (vii) group day care home. This

3 does not prohibit a child sex offender from owning the real

4 property upon which the programs or services are offered or

5 upon which the day care center, part day child care facility,

6 child care institution, or school providing before and after

7 school programs for children under 18 years of age is located,

8 provided the child sex offender refrains from being present on

9 the premises for the hours during which: (1) the programs or

10 services are being offered or (2) the day care center, part day

11 child care facility, child care institution, or school

12 providing before and after school programs for children under

13 18 years of age, day care home, or group day care home is

14 operated.

15 (c-2) It is unlawful for a child sex offender to

16 participate in a holiday event involving children under 18

17 years of age, including but not limited to distributing candy

18 or other items to children on Halloween, wearing a Santa Claus

19 costume on or preceding Christmas, being employed as a

20 department store Santa Claus, or wearing an Easter Bunny

21 costume on or preceding Easter. For the purposes of this

22 subsection, child sex offender has the meaning as defined in

23 this Section, but does not include as a sex offense under

24 paragraph (2) of subsection (d) of this Section, the offense

25 under subsection (c) of Section 11-1.50 of this Code. This

26 subsection does not apply to a child sex offender who is a

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1 parent or guardian of children under 18 years of age that are

2 present in the home and other non-familial minors are not

3 present.

4 (c-5) It is unlawful for a child sex offender to knowingly

5 operate, manage, be employed by, or be associated with any

6 carnival, amusement enterprise, or county or State fair when

7 persons under the age of 18 are present.

8 (c-6) It is unlawful for a child sex offender who owns and

9 resides at residential real estate to knowingly rent any

10 residential unit within the same building in which he or she

11 resides to a person who is the parent or guardian of a child or

12 children under 18 years of age. This subsection shall apply

13 only to leases or other rental arrangements entered into after

14 January 1, 2009 (the effective date of Public Act 95-820).

15 (c-7) It is unlawful for a child sex offender to knowingly

16 offer or provide any programs or services to persons under 18

17 years of age in his or her residence or the residence of

18 another or in any facility for the purpose of offering or

19 providing such programs or services, whether such programs or

20 services are offered or provided by contract, agreement,

21 arrangement, or on a volunteer basis.

22 (c-8) It is unlawful for a child sex offender to knowingly

23 operate, whether authorized to do so or not, any of the

24 following vehicles: (1) a vehicle which is specifically

25 designed, constructed or modified and equipped to be used for

26 the retail sale of food or beverages, including but not

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1 limited to an ice cream truck; (2) an authorized emergency

2 vehicle; or (3) a rescue vehicle.

3 (d) Definitions. In this Section:

4 (1) "Child sex offender" means any person who:

5 (i) has been charged under Illinois law, or any

6 substantially similar federal law or law of another

7 state, with a sex offense set forth in paragraph (2) of

8 this subsection (d) or the attempt to commit an

9 included sex offense, and the victim is a person under

10 18 years of age at the time of the offense; and:

11 (A) is convicted of such offense or an attempt

12 to commit such offense; or

13 (B) is found not guilty by reason of insanity

14 of such offense or an attempt to commit such

15 offense; or

16 (C) is found not guilty by reason of insanity

17 pursuant to subsection (c) of Section 104-25 of

18 the Code of Criminal Procedure of 1963 of such

19 offense or an attempt to commit such offense; or

20 (D) is the subject of a finding not resulting

21 in an acquittal at a hearing conducted pursuant to

22 subsection (a) of Section 104-25 of the Code of

23 Criminal Procedure of 1963 for the alleged

24 commission or attempted commission of such

25 offense; or

26 (E) is found not guilty by reason of insanity

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1 following a hearing conducted pursuant to a

2 federal law or the law of another state

3 substantially similar to subsection (c) of Section

4 104-25 of the Code of Criminal Procedure of 1963

5 of such offense or of the attempted commission of

6 such offense; or

7 (F) is the subject of a finding not resulting

8 in an acquittal at a hearing conducted pursuant to

9 a federal law or the law of another state

10 substantially similar to subsection (a) of Section

11 104-25 of the Code of Criminal Procedure of 1963

12 for the alleged violation or attempted commission

13 of such offense; or

14 (ii) is certified as a sexually dangerous person

15 pursuant to the Illinois Sexually Dangerous Persons

16 Act, or any substantially similar federal law or the

17 law of another state, when any conduct giving rise to

18 such certification is committed or attempted against a

19 person less than 18 years of age; or

20 (iii) is subject to the provisions of Section 2 of

21 the Interstate Agreements on Sexually Dangerous

22 Persons Act.

23 Convictions that result from or are connected with the

24 same act, or result from offenses committed at the same

25 time, shall be counted for the purpose of this Section as

26 one conviction. Any conviction set aside pursuant to law

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1 is not a conviction for purposes of this Section.

2 (2) Except as otherwise provided in paragraph (2.5),

3 "sex offense" means:

4 (i) A violation of any of the following Sections

5 of the Criminal Code of 1961 or the Criminal Code of

6 2012: 10-4 (forcible detention), 10-7 (aiding or

7 abetting child abduction under Section 10-5(b)(10)),

8 10-5(b)(10) (child luring), 11-1.40 (predatory

9 criminal sexual assault of a child), 11-6 (indecent

10 solicitation of a child), 11-6.5 (indecent

11 solicitation of an adult), 11-9.1 (sexual exploitation

12 of a child), 11-9.2 (custodial sexual misconduct),

13 11-9.5 (sexual misconduct with a person with a

14 disability), 11-11 (sexual relations within families),

15 11-14.3(a)(1) (promoting or facilitating prostitution

16 by advancing prostitution), 11-14.3(a)(2)(A)

17 (promoting or facilitating prostitution by profiting

18 from prostitution by compelling a person to be a

19 prostitute), 11-14.3(a)(2)(C) (promoting or

20 facilitating prostitution by profiting from

21 prostitution by means other than as described in

22 subparagraphs (A) and (B) of paragraph (2) of

23 subsection (a) of Section 11-14.3), 11-14.4 (promoting

24 juvenile prostitution), 11-18.1 (patronizing a

25 juvenile prostitute), 11-20.1 (child pornography),

26 11-20.1B (aggravated child pornography), 11-21

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1 (harmful material), 11-25 (grooming), 11-26 (traveling

2 to meet a minor or traveling to meet a child), 12-33

3 (ritualized abuse of a child), 11-20 (obscenity) (when

4 that offense was committed in any school, on real

5 property comprising any school, in any conveyance

6 owned, leased, or contracted by a school to transport

7 students to or from school or a school related

8 activity, or in a public park), 11-30 (public

9 indecency) (when committed in a school, on real

10 property comprising a school, in any conveyance owned,

11 leased, or contracted by a school to transport

12 students to or from school or a school related

13 activity, or in a public park). An attempt to commit

14 any of these offenses.

15 (ii) A violation of any of the following Sections

16 of the Criminal Code of 1961 or the Criminal Code of

17 2012, when the victim is a person under 18 years of

18 age: 11-1.20 (criminal sexual assault), 11-1.30

19 (aggravated criminal sexual assault), 11-1.50

20 (criminal sexual abuse), 11-1.60 (aggravated criminal

21 sexual abuse). An attempt to commit any of these

22 offenses.

23 (iii) A violation of any of the following Sections

24 of the Criminal Code of 1961 or the Criminal Code of

25 2012, when the victim is a person under 18 years of age

26 and the defendant is not a parent of the victim:

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1 10-1 (kidnapping),

2 10-2 (aggravated kidnapping),

3 10-3 (unlawful restraint),

4 10-3.1 (aggravated unlawful restraint),

5 11-9.1(A) (permitting sexual abuse of a child).

6 An attempt to commit any of these offenses.

7 (iv) A violation of any former law of this State

8 substantially equivalent to any offense listed in

9 clause (2)(i) or (2)(ii) of subsection (d) of this

10 Section.

11 (2.5) For the purposes of subsections (b-5) and (b-10)

12 only, a sex offense means:

13 (i) A violation of any of the following Sections

14 of the Criminal Code of 1961 or the Criminal Code of

15 2012:

16 10-5(b)(10) (child luring), 10-7 (aiding or

17 abetting child abduction under Section 10-5(b)(10)),

18 11-1.40 (predatory criminal sexual assault of a

19 child), 11-6 (indecent solicitation of a child),

20 11-6.5 (indecent solicitation of an adult), 11-9.2

21 (custodial sexual misconduct), 11-9.5 (sexual

22 misconduct with a person with a disability), 11-11

23 (sexual relations within families), 11-14.3(a)(1)

24 (promoting or facilitating prostitution by advancing

25 prostitution), 11-14.3(a)(2)(A) (promoting or

26 facilitating prostitution by profiting from

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1 prostitution by compelling a person to be a

2 prostitute), 11-14.3(a)(2)(C) (promoting or

3 facilitating prostitution by profiting from

4 prostitution by means other than as described in

5 subparagraphs (A) and (B) of paragraph (2) of

6 subsection (a) of Section 11-14.3), 11-14.4 (promoting

7 juvenile prostitution), 11-18.1 (patronizing a

8 juvenile prostitute), 11-20.1 (child pornography),

9 11-20.1B (aggravated child pornography), 11-25

10 (grooming), 11-26 (traveling to meet a minor or

11 traveling to meet a child), or 12-33 (ritualized abuse

12 of a child). An attempt to commit any of these

13 offenses.

14 (ii) A violation of any of the following Sections

15 of the Criminal Code of 1961 or the Criminal Code of

16 2012, when the victim is a person under 18 years of

17 age: 11-1.20 (criminal sexual assault), 11-1.30

18 (aggravated criminal sexual assault), 11-1.60

19 (aggravated criminal sexual abuse), and subsection (a)

20 of Section 11-1.50 (criminal sexual abuse). An attempt

21 to commit any of these offenses.

22 (iii) A violation of any of the following Sections

23 of the Criminal Code of 1961 or the Criminal Code of

24 2012, when the victim is a person under 18 years of age

25 and the defendant is not a parent of the victim:

26 10-1 (kidnapping),

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1 10-2 (aggravated kidnapping),

2 10-3 (unlawful restraint),

3 10-3.1 (aggravated unlawful restraint),

4 11-9.1(A) (permitting sexual abuse of a child).

5 An attempt to commit any of these offenses.

6 (iv) A violation of any former law of this State

7 substantially equivalent to any offense listed in this

8 paragraph (2.5) of this subsection.

9 (3) A conviction for an offense of federal law or the

10 law of another state that is substantially equivalent to

11 any offense listed in paragraph (2) of subsection (d) of

12 this Section shall constitute a conviction for the purpose

13 of this Section. A finding or adjudication as a sexually

14 dangerous person under any federal law or law of another

15 state that is substantially equivalent to the Sexually

16 Dangerous Persons Act shall constitute an adjudication for

17 the purposes of this Section.

18 (4) "Authorized emergency vehicle", "rescue vehicle",

19 and "vehicle" have the meanings ascribed to them in

20 Sections 1-105, 1-171.8 and 1-217, respectively, of the

21 Illinois Vehicle Code.

22 (5) "Child care institution" has the meaning ascribed

23 to it in Section 2.06 of the Child Care Act of 1969.

24 (6) "Day care center" has the meaning ascribed to it

25 in Section 2.09 of the Child Care Act of 1969.

26 (7) "Day care home" has the meaning ascribed to it in

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1 Section 2.18 of the Child Care Act of 1969.

2 (8) "Facility providing programs or services directed

3 towards persons under the age of 18" means any facility

4 providing programs or services exclusively directed

5 towards persons under the age of 18.

6 (9) "Group day care home" has the meaning ascribed to

7 it in Section 2.20 of the Child Care Act of 1969.

8 (10) "Internet" has the meaning set forth in Section

9 16-0.1 of this Code.

10 (11) "Loiter" means:

11 (i) Standing, sitting idly, whether or not the

12 person is in a vehicle, or remaining in or around

13 school or public park property.

14 (ii) Standing, sitting idly, whether or not the

15 person is in a vehicle, or remaining in or around

16 school or public park property, for the purpose of

17 committing or attempting to commit a sex offense.

18 (iii) Entering or remaining in a building in or

19 around school property, other than the offender's

20 residence.

21 (12) "Part day child care facility" has the meaning

22 ascribed to it in Section 2.10 of the Child Care Act of

23 1969.

24 (13) "Playground" means a piece of land owned or

25 controlled by a unit of local government that is

26 designated by the unit of local government for use solely

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1 or primarily for children's recreation.

2 (14) "Public park" includes a park, forest preserve,

3 bikeway, trail, or conservation area under the

4 jurisdiction of the State or a unit of local government.

5 (15) "School" means a public or private preschool or

6 elementary or secondary school.

7 (16) "School official" means the principal, a teacher,

8 or any other certified employee of the school, the

9 superintendent of schools or a member of the school board.

10 (e) For the purposes of this Section, the 500 feet

11 distance shall be measured from: (1) the edge of the property

12 of the school building or the real property comprising the

13 school that is closest to the edge of the property of the child

14 sex offender's residence or where he or she is loitering, and

15 (2) the edge of the property comprising the public park

16 building or the real property comprising the public park,

17 playground, child care institution, day care center, part day

18 child care facility, or facility providing programs or

19 services exclusively directed toward persons under 18 years of

20 age, or a victim of the sex offense who is under 21 years of

21 age, to the edge of the child sex offender's place of residence

22 or place where he or she is loitering.

23 (f) Sentence. A person who violates this Section is guilty

24 of a Class 4 felony.

25 (Source: P.A. 102-997, eff. 1-1-23.)

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1 (720 ILCS 5/11-14.3)

2 Sec. 11-14.3. Promoting or facilitating prostitution.

3 (a) Any person who knowingly performs any of the following

4 acts commits promoting or facilitating prostitution:

5 (1) advances prostitution as defined in Section

6 11-0.1;

7 (2) profits from prostitution by:

8 (A) compelling a person to become a prostitute;

9 (B) arranging or offering to arrange a situation

10 in which a person may practice prostitution; or

11 (C) any means other than those described in

12 subparagraph (A) or (B), including from a person who

13 patronizes a prostitute. This paragraph (C) does not

14 apply to a person engaged in prostitution who is under

15 18 years of age. A person cannot be convicted of

16 promoting or facilitating prostitution under this

17 paragraph (C) if the practice of prostitution

18 underlying the offense consists exclusively of the

19 accused's own acts of prostitution under Section 11-14

20 of this Code;

21 (3) owns, manages, or operates an interactive computer

22 service or conspires or attempts to do so, with the intent

23 to promote or facilitate the prostitution of another

24 person; or

25 (4) owns, manages, or operates an interactive computer

26 service or conspires or attempts to do so, with the intent

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1 to promote or facilitate the prostitution of another

2 person; and

3 (A) promotes or facilitates the prostitution of 5

4 or more persons; or

5 (B) acts in reckless disregard of the fact that

6 such conduct contributed to sex trafficking, in

7 violation of paragraph (2) or (4) of subsection (d) of

8 Section 10-9.

9 (b) Sentence.

10 (1) A violation of subdivision (a)(1) is a Class 4

11 felony, unless committed within 1,000 feet of real

12 property comprising a school, in which case it is a Class 3

13 felony. A second or subsequent violation of subdivision

14 (a)(1), or any combination of convictions under

15 subdivision (a)(1), (a)(2)(A), or (a)(2)(B) and Section

16 11-14 (prostitution), 11-14.1 (solicitation of a sexual

17 act), 11-14.4 (promoting juvenile prostitution), 11-15

18 (soliciting for a prostitute), 11-15.1 (soliciting for a

19 juvenile prostitute), 11-16 (pandering), 11-17 (keeping a

20 place of prostitution), 11-17.1 (keeping a place of

21 juvenile prostitution), 11-18 (patronizing a prostitute),

22 11-18.1 (patronizing a juvenile prostitute), 11-19

23 (pimping), 11-19.1 (juvenile pimping or aggravated

24 juvenile pimping), or 11-19.2 (exploitation of a child),

25 is a Class 3 felony.

26 (2) A violation of subdivision (a)(2)(A) or (a)(2)(B)

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1 is a Class 4 felony, unless committed within 1,000 feet of

2 real property comprising a school, in which case it is a

3 Class 3 felony.

4 (3) A violation of subdivision (a)(2)(C) is a Class 4

5 felony, unless committed within 1,000 feet of real

6 property comprising a school, in which case it is a Class 3

7 felony. A second or subsequent violation of subdivision

8 (a)(2)(C), or any combination of convictions under

9 subdivision (a)(2)(C) and subdivision (a)(1), (a)(2)(A),

10 or (a)(2)(B) of this Section (promoting or facilitating

11 prostitution), 11-14 (prostitution), 11-14.1

12 (solicitation of a sexual act), 11-14.4 (promoting

13 juvenile prostitution), 11-15 (soliciting for a

14 prostitute), 11-15.1 (soliciting for a juvenile

15 prostitute), 11-16 (pandering), 11-17 (keeping a place of

16 prostitution), 11-17.1 (keeping a place of juvenile

17 prostitution), 11-18 (patronizing a prostitute), 11-18.1

18 (patronizing a juvenile prostitute), 11-19 (pimping),

19 11-19.1 (juvenile pimping or aggravated juvenile pimping),

20 or 11-19.2 (exploitation of a child), is a Class 3 felony.

21 If the court imposes a fine under this subsection (b), it

22 shall be collected and distributed to the Specialized Services

23 for Survivors of Human Trafficking Fund in accordance with

24 Section 5-9-1.21 of the Unified Code of Corrections.

25 (c) In this Section, "interactive computer service" has

26 the meaning ascribed to the term in 47 U.S.C. 230(f).

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1 (Source: P.A. 98-1013, eff. 1-1-15.)

2 (720 ILCS 5/11-14.4)

3 Sec. 11-14.4. Promoting juvenile prostitution.

4 (a) Any person who knowingly performs any of the following

5 acts commits promoting juvenile prostitution:

6 (1) advances prostitution as defined in Section

7 11-0.1, where the minor engaged in prostitution, or any

8 person engaged in prostitution in the place, is under 18

9 years of age or is a person with a severe or profound

10 intellectual disability at the time of the offense;

11 (2) profits from prostitution by any means where the

12 prostituted person is under 18 years of age or is a person

13 with a severe or profound intellectual disability at the

14 time of the offense;

15 (3) profits from prostitution by any means where the

16 prostituted person is under 13 years of age at the time of

17 the offense;

18 (4) confines a child under the age of 18 or a person

19 with a severe or profound intellectual disability against

20 his or her will by the infliction or threat of imminent

21 infliction of great bodily harm or permanent disability or

22 disfigurement or by administering to the child or the

23 person with a severe or profound intellectual disability,

24 without his or her consent or by threat or deception and

25 for other than medical purposes, any alcoholic intoxicant

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1 or a drug as defined in the Illinois Controlled Substances

2 Act or the Cannabis Control Act or methamphetamine as

3 defined in the Methamphetamine Control and Community

4 Protection Act and:

5 (A) compels the child or the person with a severe

6 or profound intellectual disability to engage in

7 prostitution;

8 (B) arranges a situation in which the child or the

9 person with a severe or profound intellectual

10 disability may practice prostitution; or

11 (C) profits from prostitution by the child or the

12 person with a severe or profound intellectual

13 disability.

14 (b) For purposes of this Section, administering drugs, as

15 defined in subdivision (a)(4), or an alcoholic intoxicant to a

16 child under the age of 13 or a person with a severe or profound

17 intellectual disability shall be deemed to be without consent

18 if the administering is done without the consent of the

19 parents or legal guardian or if the administering is performed

20 by the parents or legal guardian for other than medical

21 purposes.

22 (c) If the accused did not have a reasonable opportunity

23 to observe the prostituted person, it is an affirmative

24 defense to a charge of promoting juvenile prostitution, except

25 for a charge under subdivision (a)(4), that the accused

26 reasonably believed the person was of the age of 18 years or

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1 over or was not a person with a severe or profound intellectual

2 disability at the time of the act giving rise to the charge.

3 (d) Sentence. A violation of subdivision (a)(1) is a Class

4 1 felony, unless committed within 1,000 feet of real property

5 comprising a school, in which case it is a Class X felony. A

6 violation of subdivision (a)(2) is a Class 1 felony. A

7 violation of subdivision (a)(3) is a Class X felony. A

8 violation of subdivision (a)(4) is a Class X felony, for which

9 the person shall be sentenced to a term of imprisonment of not

10 less than 6 years and not more than 60 years. A second or

11 subsequent violation of subdivision (a)(1), (a)(2), or (a)(3),

12 or any combination of convictions under subdivision (a)(1),

13 (a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1

14 (solicitation of a sexual act), 11-14.3 (promoting or

15 facilitating prostitution), 11-15 (soliciting for a

16 prostitute), 11-15.1 (soliciting for a juvenile prostitute),

17 11-16 (pandering), 11-17 (keeping a place of prostitution),

18 11-17.1 (keeping a place of juvenile prostitution), 11-18

19 (patronizing a prostitute), 11-18.1 (patronizing a juvenile

20 prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or

21 aggravated juvenile pimping), or 11-19.2 (exploitation of a

22 child) of this Code, is a Class X felony.

23 (e) Forfeiture. Any person convicted of a violation of

24 this Section that involves promoting juvenile prostitution by

25 keeping a place of juvenile prostitution or convicted of a

26 violation of subdivision (a)(4) is subject to the property

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1 forfeiture provisions set forth in Article 124B of the Code of

2 Criminal Procedure of 1963.

3 (f) For the purposes of this Section, "prostituted person"

4 means any person who engages in, or agrees or offers to engage

5 in, any act of sexual penetration as defined in Section 11-0.1

6 of this Code for any money, property, token, object, or

7 article or anything of value, or any touching or fondling of

8 the sex organs of one person by another person, for any money,

9 property, token, object, or article or anything of value, for

10 the purpose of sexual arousal or gratification.

11 (Source: P.A. 99-143, eff. 7-27-15.)

12 (720 ILCS 5/11-18) (from Ch. 38, par. 11-18)

13 Sec. 11-18. Patronizing a prostitute.

14 (a) Any person who knowingly performs any of the following

15 acts with a person not his or her spouse commits patronizing a

16 prostitute:

17 (1) Engages in an act of sexual penetration as defined

18 in Section 11-0.1 of this Code with a prostitute; or

19 (2) Enters or remains in a place of prostitution with

20 intent to engage in an act of sexual penetration as

21 defined in Section 11-0.1 of this Code; or

22 (3) Engages in any touching or fondling with a

23 prostitute of the sex organs of one person by the other

24 person, with the intent to achieve sexual arousal or

25 gratification.

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1 (b) Sentence.

2 Patronizing a prostitute is a Class 4 felony, unless

3 committed within 1,000 feet of real property comprising a

4 school, in which case it is a Class 3 felony. A person

5 convicted of a second or subsequent violation of this Section,

6 or of any combination of such number of convictions under this

7 Section and Sections 11-14 (prostitution), 11-14.1

8 (solicitation of a sexual act), 11-14.3 (promoting or

9 facilitating prostitution), 11-14.4 (promoting juvenile

10 prostitution), 11-15 (soliciting for a prostitute), 11-15.1

11 (soliciting for a juvenile prostitute), 11-16 (pandering),

12 11-17 (keeping a place of prostitution), 11-17.1 (keeping a

13 place of juvenile prostitution), 11-18.1 (patronizing a

14 juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile

15 pimping or aggravated juvenile pimping), or 11-19.2

16 (exploitation of a child) of this Code, is guilty of a Class 3

17 felony. If the court imposes a fine under this subsection (b),

18 it shall be collected and distributed to the Specialized

19 Services for Survivors of Human Trafficking Fund in accordance

20 with Section 5-9-1.21 of the Unified Code of Corrections.

21 (c) (Blank).

22 (Source: P.A. 98-1013, eff. 1-1-15.)

23 (720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1)

24 Sec. 11-18.1. Patronizing a minor engaged in prostitution.

25 (a) Any person who engages in an act of sexual penetration

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1 as defined in Section 11-0.1 of this Code with a person engaged

2 in prostitution who is under 18 years of age or is a person

3 with a severe or profound intellectual disability commits

4 patronizing a minor engaged in prostitution.

5 (a-5) Any person who engages in any touching or fondling,

6 with a person engaged in prostitution who either is under 18

7 years of age or is a person with a severe or profound

8 intellectual disability, of the sex organs of one person by

9 the other person, with the intent to achieve sexual arousal or

10 gratification, commits patronizing a minor engaged in

11 prostitution.

12 (b) It is an affirmative defense to the charge of

13 patronizing a minor engaged in prostitution that the accused

14 reasonably believed that the person was of the age of 18 years

15 or over or was not a person with a severe or profound

16 intellectual disability at the time of the act giving rise to

17 the charge.

18 (c) Sentence. A person who commits patronizing a juvenile

19 prostitute is guilty of a Class 3 felony, unless committed

20 within 1,000 feet of real property comprising a school, in

21 which case it is a Class 2 felony. A person convicted of a

22 second or subsequent violation of this Section, or of any

23 combination of such number of convictions under this Section

24 and Sections 11-14 (prostitution), 11-14.1 (solicitation of a

25 sexual act), 11-14.3 (promoting or facilitating prostitution),

26 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting

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1 for a prostitute), 11-15.1 (soliciting for a juvenile

2 prostitute), 11-16 (pandering), 11-17 (keeping a place of

3 prostitution), 11-17.1 (keeping a place of juvenile

4 prostitution), 11-18 (patronizing a prostitute), 11-19

5 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile

6 pimping), or 11-19.2 (exploitation of a child) of this Code,

7 is guilty of a Class 2 felony. The fact of such conviction is

8 not an element of the offense and may not be disclosed to the

9 jury during trial unless otherwise permitted by issues

10 properly raised during such trial.

11 (Source: P.A. 99-143, eff. 7-27-15.)

12 (720 ILCS 5/33G-3)

13 (Section scheduled to be repealed on June 1, 2025)

14 Sec. 33G-3. Definitions. As used in this Article:

15 (a) "Another state" means any State of the United States

16 (other than the State of Illinois), or the District of

17 Columbia, or the Commonwealth of Puerto Rico, or any territory

18 or possession of the United States, or any political

19 subdivision, or any department, agency, or instrumentality

20 thereof.

21 (b) "Enterprise" includes:

22 (1) any partnership, corporation, association,

23 business or charitable trust, or other legal entity; and

24 (2) any group of individuals or other legal entities,

25 or any combination thereof, associated in fact although

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1 not itself a legal entity. An association in fact must be

2 held together by a common purpose of engaging in a course

3 of conduct, and it may be associated together for purposes

4 that are both legal and illegal. An association in fact

5 must:

6 (A) have an ongoing organization or structure,

7 either formal or informal;

8 (B) the various members of the group must function

9 as a continuing unit, even if the group changes

10 membership by gaining or losing members over time; and

11 (C) have an ascertainable structure distinct from

12 that inherent in the conduct of a pattern of predicate

13 activity.

14 As used in this Article, "enterprise" includes licit and

15 illicit enterprises.

16 (c) "Labor organization" includes any organization, labor

17 union, craft union, or any voluntary unincorporated

18 association designed to further the cause of the rights of

19 union labor that is constituted for the purpose, in whole or in

20 part, of collective bargaining or of dealing with employers

21 concerning grievances, terms or conditions of employment, or

22 apprenticeships or applications for apprenticeships, or of

23 other mutual aid or protection in connection with employment,

24 including apprenticeships or applications for apprenticeships.

25 (d) "Operation or management" means directing or carrying

26 out the enterprise's affairs and is limited to any person who

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1 knowingly serves as a leader, organizer, operator, manager,

2 director, supervisor, financier, advisor, recruiter, supplier,

3 or enforcer of an enterprise in violation of this Article.

4 (e) "Predicate activity" means any act that is a Class 2

5 felony or higher and constitutes a violation or violations of

6 any of the following provisions of the laws of the State of

7 Illinois (as amended or revised as of the date the activity

8 occurred or, in the instance of a continuing offense, the date

9 that charges under this Article are filed in a particular

10 matter in the State of Illinois) or any act under the law of

11 another jurisdiction for an offense that could be charged as a

12 Class 2 felony or higher in this State:

13 (1) under the Criminal Code of 1961 or the Criminal

14 Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1

15 (first degree murder), 9-3.3 (drug-induced homicide), 10-1

16 (kidnapping), 10-2 (aggravated kidnapping), 10-3.1

17 (aggravated unlawful restraint), 10-4 (forcible

18 detention), 10-5(b)(10) (child abduction), 10-9

19 (trafficking in persons, involuntary servitude, and

20 related offenses), 11-1.20 (criminal sexual assault),

21 11-1.30 (aggravated criminal sexual assault), 11-1.40

22 (predatory criminal sexual assault of a child), 11-1.60

23 (aggravated criminal sexual abuse), 11-6 (indecent

24 solicitation of a child), 11-6.5 (indecent solicitation of

25 an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting or

26 facilitating prostitution), 11-14.4 (promoting juvenile

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1 prostitution), 11-18.1 (patronizing a minor engaged in

2 prostitution; patronizing a juvenile prostitute), 12-3.05

3 (aggravated battery), 12-6.4 (criminal street gang

4 recruitment), 12-6.5 (compelling organization membership

5 of persons), 12-7.3 (stalking), 12-7.4 (aggravated

6 stalking), 12-7.5 (cyberstalking), 12-11 or 19-6 (home

7 invasion), 12-11.1 or 18-6 (vehicular invasion), 18-1

8 (robbery; aggravated robbery), 18-2 (armed robbery), 18-3

9 (vehicular hijacking), 18-4 (aggravated vehicular

10 hijacking), 18-5 (aggravated robbery), 19-1 (burglary),

11 19-3 (residential burglary), 20-1 (arson; residential

12 arson; place of worship arson), 20-1.1 (aggravated arson),

13 20-1.2 (residential arson), 20-1.3 (place of worship

14 arson), 24-1.2 (aggravated discharge of a firearm),

15 24-1.2-5 (aggravated discharge of a machine gun or

16 silencer equipped firearm), 24-1.8 (unlawful possession of

17 a firearm by a street gang member), 24-3.2 (unlawful

18 discharge of firearm projectiles), 24-3.9 (aggravated

19 possession of a stolen firearm), 24-3A (gunrunning), 26-5

20 or 48-1 (dog-fighting), 29D-14.9 (terrorism), 29D-15

21 (soliciting support for terrorism), 29D-15.1 (causing a

22 catastrophe), 29D-15.2 (possession of a deadly substance),

23 29D-20 (making a terrorist threat), 29D-25 (falsely making

24 a terrorist threat), 29D-29.9 (material support for

25 terrorism), 29D-35 (hindering prosecution of terrorism),

26 31A-1.2 (unauthorized contraband in a penal institution),

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1 or 33A-3 (armed violence);

2 (2) under the Cannabis Control Act: Sections 5

3 (manufacture or delivery of cannabis), 5.1 (cannabis

4 trafficking), or 8 (production or possession of cannabis

5 plants), provided the offense either involves more than

6 500 grams of any substance containing cannabis or involves

7 more than 50 cannabis sativa plants;

8 (3) under the Illinois Controlled Substances Act:

9 Sections 401 (manufacture or delivery of a controlled

10 substance), 401.1 (controlled substance trafficking), 405

11 (calculated criminal drug conspiracy), or 405.2 (street

12 gang criminal drug conspiracy); or

13 (4) under the Methamphetamine Control and Community

14 Protection Act: Sections 15 (methamphetamine

15 manufacturing), or 55 (methamphetamine delivery).

16 (f) "Pattern of predicate activity" means:

17 (1) at least 3 occurrences of predicate activity that

18 are in some way related to each other and that have

19 continuity between them, and that are separate acts. Acts

20 are related to each other if they are not isolated events,

21 including if they have similar purposes, or results, or

22 participants, or victims, or are committed a similar way,

23 or have other similar distinguishing characteristics, or

24 are part of the affairs of the same enterprise. There is

25 continuity between acts if they are ongoing over a

26 substantial period, or if they are part of the regular way

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1 some entity does business or conducts its affairs; and

2 (2) which occurs after the effective date of this

3 Article, and the last of which falls within 3 years

4 (excluding any period of imprisonment) after the first

5 occurrence of predicate activity.

6 (g) "Unlawful death" includes the following offenses:

7 under the Code of 1961 or the Criminal Code of 2012: Sections

8 9-1 (first degree murder) or 9-2 (second degree murder).

9 (Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13.)

10 Section 15. The Code of Criminal Procedure of 1963 is

11 amended by changing Sections 108B-3 and 124B-300 as follows:

12 (725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3)

13 Sec. 108B-3. Authorization for the interception of private

14 communication.

15 (a) The State's Attorney, or a person designated in

16 writing or by law to act for him and to perform his duties

17 during his absence or disability, may authorize, in writing,

18 an ex parte application to the chief judge of a court of

19 competent jurisdiction for an order authorizing the

20 interception of a private communication when no party has

21 consented to the interception and (i) the interception may

22 provide evidence of, or may assist in the apprehension of a

23 person who has committed, is committing or is about to commit,

24 a violation of Section 8-1(b) (solicitation of murder), 8-1.2

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1 (solicitation of murder for hire), 9-1 (first degree murder),

2 10-9 (involuntary servitude, involuntary sexual servitude of a

3 minor, or trafficking in persons), paragraph (1), (2), or (3)

4 of subsection (a) of Section 11-14.4 (promoting juvenile

5 prostitution), subdivision (a)(2)(A) or (a)(2)(B) of Section

6 11-14.3 (promoting or facilitating prostitution), 11-15.1

7 (soliciting for a minor engaged in prostitution), 11-16

8 (pandering), 11-17.1 (keeping a place of juvenile

9 prostitution), 11-18.1 (patronizing a minor engaged in

10 prostitution), 11-19.1 (juvenile pimping and aggravated

11 juvenile pimping), or 29B-1 (money laundering) of the Criminal

12 Code of 1961 or the Criminal Code of 2012, Section 401, 401.1

13 (controlled substance trafficking), 405, 405.1 (criminal drug

14 conspiracy) or 407 of the Illinois Controlled Substances Act

15 or any Section of the Methamphetamine Control and Community

16 Protection Act, a violation of Section 24-2.1, 24-2.2, 24-3,

17 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection

18 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10),

19 or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of

20 2012 or conspiracy to commit money laundering or conspiracy to

21 commit first degree murder; (ii) in response to a clear and

22 present danger of imminent death or great bodily harm to

23 persons resulting from: (1) a kidnapping or the holding of a

24 hostage by force or the threat of the imminent use of force; or

25 (2) the occupation by force or the threat of the imminent use

26 of force of any premises, place, vehicle, vessel or aircraft;

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1 (iii) to aid an investigation or prosecution of a civil action

2 brought under the Illinois Streetgang Terrorism Omnibus

3 Prevention Act when there is probable cause to believe the

4 interception of the private communication will provide

5 evidence that a streetgang is committing, has committed, or

6 will commit a second or subsequent gang-related offense or

7 that the interception of the private communication will aid in

8 the collection of a judgment entered under that Act; or (iv)

9 upon information and belief that a streetgang has committed,

10 is committing, or is about to commit a felony.

11 (b) The State's Attorney or a person designated in writing

12 or by law to act for the State's Attorney and to perform his or

13 her duties during his or her absence or disability, may

14 authorize, in writing, an ex parte application to the chief

15 judge of a circuit court for an order authorizing the

16 interception of a private communication when no party has

17 consented to the interception and the interception may provide

18 evidence of, or may assist in the apprehension of a person who

19 has committed, is committing or is about to commit, a

20 violation of an offense under Article 29D of the Criminal Code

21 of 1961 or the Criminal Code of 2012.

22 (b-1) Subsection (b) is inoperative on and after January

23 1, 2005.

24 (b-2) No conversations recorded or monitored pursuant to

25 subsection (b) shall be made inadmissible in a court of law by

26 virtue of subsection (b-1).

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1 (c) As used in this Section, "streetgang" and

2 "gang-related" have the meanings ascribed to them in Section

3 10 of the Illinois Streetgang Terrorism Omnibus Prevention

4 Act.

5 (Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10;

6 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)

7 (725 ILCS 5/124B-300)

8 Sec. 124B-300. Persons and property subject to forfeiture.

9 A person who commits the offense of involuntary servitude,

10 involuntary servitude of a minor, or trafficking of persons

11 under Section 10A-10 or Section 10-9 of the Criminal Code of

12 1961 or the Criminal Code of 2012, promoting juvenile

13 prostitution, keeping a place of juvenile prostitution, or

14 promoting or facilitating prostitution that involves keeping a

15 place of prostitution under subsection (a)(1) or (a)(4) of

16 Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2

17 of the Criminal Code of 1961 or of the Criminal Code of 2012

18 shall forfeit to the State of Illinois any profits or proceeds

19 and any property he or she has acquired or maintained in

20 violation of Section 10A-10 or Section 10-9 of the Criminal

21 Code of 1961 or the Criminal Code of 2012, promoting juvenile

22 prostitution, keeping a place of juvenile prostitution, or

23 promoting or facilitating prostitution that involves keeping a

24 place of prostitution under subsection (a)(1) or (a)(4) of

25 Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2

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1 of the Criminal Code of 1961 or of the Criminal Code of 2012

2 that the sentencing court determines, after a forfeiture

3 hearing under this Article, to have been acquired or

4 maintained as a result of maintaining a person in involuntary

5 servitude or participating in trafficking of persons.

6 (Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15.)

7 Section 20. The Trafficking Victims Protection Act is

8 amended by changing Section 10 as follows:

9 (740 ILCS 128/10)

10 Sec. 10. Definitions. As used in this Act:

11 "Human trafficking" means a violation or attempted

12 violation of subsection (d) of Section 10-9 of the Criminal

13 Code of 2012.

14 "Involuntary servitude" means a violation or attempted

15 violation of subsection (b) of Section 10-9 of the Criminal

16 Code of 2012.

17 "Sex trade" means a violation or attempted violation of

18 any of the following Sections of the Criminal Code of 1961 or

19 the Criminal Code of 2012: 11-14.3 (promoting or facilitating

20 prostitution); 11-14.4 (promoting juvenile prostitution);

21 11-15 (soliciting for a prostitute); 11-15.1 (soliciting for a

22 juvenile prostitute); 11-16 (pandering); 11-17 (keeping a

23 place of prostitution); 11-17.1 (keeping a place of juvenile

24 prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and

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1 aggravated juvenile pimping); 11-19.2 (exploitation of a

2 child); 11-20 (obscenity); 11-20.1 (child pornography);

3 11-20.1B or 11-20.3 (aggravated child pornography); or

4 subsection (c) of Section 10-9 (involuntary sexual servitude

5 of a minor).

6 "Sex trade" activity may involve adults and youth of all

7 genders and sexual orientations.

8 "Victim of the sex trade" means, for the following sex

9 trade acts, the person or persons indicated:

10 (1) soliciting for a prostitute: the prostitute who is

11 the object of the solicitation;

12 (2) soliciting for a juvenile prostitute: the juvenile

13 prostitute, or person with a severe or profound

14 intellectual disability, who is the object of the

15 solicitation;

16 (3) promoting or facilitating prostitution as

17 described in subdivision (a)(2)(A) or (a)(2)(B) of Section

18 11-14.3 of the Criminal Code of 1961 or the Criminal Code

19 of 2012, or pandering: the person intended or compelled to

20 act as a prostitute;

21 (4) keeping a place of prostitution: any person

22 intended or compelled to act as a prostitute, while

23 present at the place, during the time period in question;

24 (5) keeping a place of juvenile prostitution: any

25 juvenile intended or compelled to act as a prostitute,

26 while present at the place, during the time period in

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1 question;

2 (6) promoting or facilitating prostitution as

3 described in subdivision (a)(2)(C) of Section 11-14.3 of

4 the Criminal Code of 1961 or the Criminal Code of 2012, or

5 pimping: the prostitute from whom anything of value is

6 received;

7 (7) promoting juvenile prostitution as described in

8 subdivision (a)(2) or (a)(3) of Section 11-14.4 of the

9 Criminal Code of 1961 or the Criminal Code of 2012, or

10 juvenile pimping and aggravated juvenile pimping: the

11 juvenile, or person with a severe or profound intellectual

12 disability, from whom anything of value is received for

13 that person's act of prostitution;

14 (8) promoting juvenile prostitution as described in

15 subdivision (a)(4) of Section 11-14.4 of the Criminal Code

16 of 1961 or the Criminal Code of 2012, or exploitation of a

17 child: the juvenile, or person with a severe or profound

18 intellectual disability, intended or compelled to act as a

19 prostitute or from whom anything of value is received for

20 that person's act of prostitution;

21 (9) obscenity: any person who appears in or is

22 described or depicted in the offending conduct or

23 material;

24 (10) child pornography or aggravated child

25 pornography: any child, or person with a severe or

26 profound intellectual disability, who appears in or is

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1 described or depicted in the offending conduct or

2 material; or

3 (11) involuntary sexual servitude of a minor as

4 defined in subsection (c) of Section 10-9 of the Criminal

5 Code of 1961 or the Criminal Code of 2012.

6 (Source: P.A. 99-143, eff. 7-27-15; 100-939, eff. 1-1-19.)

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INDEX

Statutes amended in order of appearance