720 ILCS 5/11-9.1 – Sexual Exploitation of a Child

720 ILCS 5/11-9.1 – Sexual Exploitation of a Child

This law makes it illegal for anyone to do sexual things or try to involve a child in sexual acts, including online or through video.

This Illinois law says it is a crime to do sexual acts, expose private parts, or try to get a child involved in sexual behavior or recordings. It also lists the punishments for people who do these things, depending on their behavior and past crimes.

(a) A person breaks this law if, in person or through the internet, and knowing a child or someone they think is a child could see them, that person:

1. Does a sexual act.
2. Shows their private parts, anus, or breast to become sexually excited or to excite the child.
3. Tries to get a child to help record or take part in making a sexual video or image of adults.

(a-5) A person also breaks this law if they knowingly try to get a child to take off their clothes for sexual pleasure for themselves, the child, or both.

(b) Definitions:

1. “Sexual act” means masturbation or other sexual contact or penetration described in 720 ILCS 5/11-0.1.
2. “Sex offense” means any crime listed in Article 11 of Illinois law.
3. “Child” means anyone younger than 17 years old.
4. “Virtual presence” means appearing live on someone’s screen, like with a webcam, where a person can see or hear you through the internet.
5. “Webcam” means a camera that sends live or recorded video over the internet.

(c) Sentence:

1. Sentence: Normally, this crime is a Class A misdemeanor, but if someone does it again or has done something similar in another state, it’s a Class 4 felony.
2. Sentence: It’s also a Class 4 felony if the person has been convicted of a sex offense before.
3. Sentence: It’s a Class 4 felony if the victim was under 13 years old.
4. Sentence: It’s a Class 4 felony if the person is 18 or older and commits the act on or within 500 feet of a school when children are present.
5. Sentence: Doing what’s listed in (a)(3) – getting a child to take part in a sexual recording – is a Class 4 felony.

View the full statute here.

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