CRIMINAL
OFFENSES
(720
ILCS 5/) Criminal Code of 1961.
(720
ILCS 5/Art. 11 heading)
ARTICLE
11. SEX OFFENSES
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(720 ILCS 5/12-12) (from Ch. 38, par.
12-12)
(d) "Force or threat of force"
means the use of force or violence, or the threat of force or violence,
including but not limited to the following situations:
(1) when
the accused threatens to use
force or violence on the victim or on any other person, and the victim
under
the circumstances reasonably believed that the accused had the ability
to
execute that threat; or
(2) when
the accused has overcome the
victim by use of superior strength or size, physical restraint or
physical
confinement.
(e) "Sexual conduct" means any
intentional or knowing touching or fondling by the victim or the
accused,
either directly or through clothing, of the sex organs, anus or breast
of the
victim or the accused, or any part of the body of a child under 13
years of
age, or any transfer or transmission of semen by the accused upon any
part of
the clothed or unclothed body of the victim, for the purpose of sexual
gratification or arousal of the victim or the accused.
(f) "Sexual penetration" means
any contact, however slight, between the sex organ or anus of one
person by an
object, the sex organ, mouth or anus of another person, or any
intrusion,
however slight, of any part of the body of one person or of any animal
or
object into the sex organ or anus of another person, including but not
limited
to cunnilingus, fellatio or anal penetration. Evidence of emission of
semen is
not required to prove sexual penetration.
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(720
ILCS 5/11-14) (from Ch. 38, par. 11-14)
Sec. 11-14. Prostitution.
(a) Any person who performs, offers or
agrees to perform any act of sexual penetration as defined in Section
12-12 of
this Code for any money, property, token, object, or article or
anything of
value, or any touching or fondling of the sex organs of one person by
another
person, for any money, property, token, object, or article or anything
of
value, for the purpose of sexual arousal or gratification commits an
act of
prostitution.
(b) Sentence.
Prostitution is a Class A misdemeanor. A
person convicted of a second or subsequent violation of this Section,
or of any
combination of such number of convictions under this Section and
Sections
11-15, 11-17, 11-18, 11-18.1 and 11-19 of this Code is guilty of a
Class 4
felony. When a person has one or more prior convictions, the
information or
indictment charging that person shall state such prior conviction so as
to give
notice of the State's intention to treat the charge as a felony. The
fact of
such prior conviction is not an element of the offense and may not be
disclosed
to the jury during trial unless otherwise permitted by issues properly
raised
during such trial.
(c) A person who violates this Section
within 1,000 feet of real property comprising a school commits a Class
4
felony.
(Source:
P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 91-696, eff. 4-13-00.)
(720 ILCS 5/11-14.1)
Sec. 11-14.1. Solicitation of a sexual
act.
(a) Any person who offers a person not his
or her spouse any money, property, token, object, or article or
anything of
value to perform any act of sexual penetration as defined in Section
12-12 of
this Code, or any touching or fondling of the sex organs of one person
by
another person for the purpose of sexual arousal or gratification,
commits the
offense of solicitation of a sexual act.
(b) Sentence. Solicitation of a sexual act
is a Class B misdemeanor.
(Source:
P.A. 91-696, eff. 4-13-00.)
(720 ILCS 5/11-15) (from Ch. 38, par.
11-15)
Sec. 11-15. Soliciting for a prostitute.
(a) Any person who performs any of the
following acts commits soliciting for a prostitute:
(1) Solicits another for the purpose
of prostitution; or
(2) Arranges or offers to arrange a
meeting of persons for the purpose of prostitution; or
(3) Directs another to a place knowing
such direction is for the purpose of prostitution.
(b) Sentence.
Soliciting for a prostitute is a Class A
misdemeanor. A person convicted of a second or subsequent violation of
this
Section, or of any combination of such number of convictions under this
Section
and Sections 11-14, 11-17, 11-18, 11-18.1 and 11-19 of this Code is
guilty of a
Class 4 felony. When a person has one or more prior convictions, the
information or indictment charging that person shall state such prior
conviction so as to give notice of the State's intention to treat the
charge as
a felony. The fact of such prior conviction is not an element of the
offense
and may not be disclosed to the jury during trial unless otherwise
permitted by
issues properly raised during such trial.
(b-5) A person who violates this Section
within 1,000 feet of real property comprising a school commits a Class
4
felony.
(c) A peace officer who arrests a person
for a violation of this Section may impound any vehicle used by the
person in
the commission of the offense. The person may recover the vehicle from
the
impound after a minimum of 2 hours after arrest upon payment of a fee
of $200.
The fee shall be distributed to the unit of government whose peace
officers
made the arrest for a violation of this Section. This $200 fee includes
the
costs incurred by the unit of government to tow the vehicle to the
impound.
Upon the presentation of a signed court order by the defendant whose
vehicle
was impounded showing that the defendant has been acquitted of the
offense of
soliciting for a prostitute or that the charges have been dismissed
against the
defendant for that offense, the municipality shall refund the $200 fee
to the
defendant.
(Source:
P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 92-16, eff. 6-28-01.)
(720
ILCS 5/11-16) (from Ch. 38, par. 11-16)
Sec. 11-16. Pandering.
(a) Any person who performs any of the following
acts for any money, property, token, object, or article or anything of
value
commits pandering:
(1) Compels a person to become a
prostitute; or
(2) Arranges or offers to arrange a
situation in which a person may practice prostitution.
(b) Sentence.
Pandering by compulsion is a Class 4
felony. Pandering other than by compulsion is a Class 4 felony.
(c) A person who violates this Section
within 1,000 feet of real property comprising a school commits a Class
3
felony.
(Source:
P.A. 91-274, eff. 1-1-00; 91-696, eff. 4-13-00.)
(720 ILCS 5/11-17) (from Ch. 38, par.
11-17)
Sec. 11-17. Keeping a Place of
Prostitution.
(a) Any person who has or exercises
control over the use of any place which could offer seclusion or
shelter for
the practice of prostitution who performs any of the following acts
keeps a
place of prostitution:
(1) Knowingly grants or permits the
use of such place for the purpose of prostitution; or
(2) Grants or permits the use of such
place under circumstances from which he could reasonably know that the
place is
used or is to be used for purposes of prostitution; or
(3) Permits the continued use of a
place after becoming aware of facts or circumstances from which he
should
reasonably know that the place is being used for purposes of
prostitution.
(b) Sentence.
Keeping a place of prostitution is a Class
A misdemeanor. A person convicted of a second or subsequent violation
of this
Section, or of any combination of such number of convictions under this
Section
and Sections 11-14, 11-15, 11-18, 11-18.1 and 11-19 of this Code, is
guilty of
a Class 4 felony. When a person has one or more prior convictions, the
information or indictment charging that person shall state such prior
conviction so as to give notice of the State's intention to treat the
charge as
a felony. The fact of such conviction is not an element of the offense
and may
not be disclosed to the jury during trial unless otherwise permitted by
issues
properly raised during such trial.
(Source:
P.A. 91-498, eff. 1-1-00.)
********
(720
ILCS 5/11-18) (from Ch. 38, par. 11-18)
Sec. 11-18. Patronizing a prostitute.
(a) Any person who performs any of the
following acts with a person not his or her spouse commits the offense
of
patronizing a prostitute:
(1) Engages in an act of sexual
penetration as defined in Section 12-12 of this Code with a prostitute;
or
(2) Enters or remains in a place of
prostitution with intent to engage in an act of sexual penetration as
defined
in Section 12-12 of this Code.
(b) Sentence.
Patronizing a prostitute is a Class A
misdemeanor. A person convicted of a second or subsequent violation of
this
Section, or of any combination of such number of convictions under this
Section
and Sections 11-14, 11-15, 11-17, 11-18.1 and 11-19 of this Code, is
guilty of
a Class 4 felony. When a person has one or more prior convictions, the
information or indictment charging that person shall state such prior
convictions so as to give notice of the State's intention to treat the
charge
as a felony. The fact of such conviction is not an element of the
offense and
may not be disclosed to the jury during trial unless otherwise
permitted by
issues properly raised during such trial.
(c) A person who violates this Section
within 1,000 feet of real property comprising a school commits a Class
4
felony.
(Source:
P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 92-16, eff. 6-28-01.)
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