720 ILCS 5/11-9.3 – Presence Within School Zones and Other Child-Focused Areas by Child Sex Offenders Prohibited

720 ILCS 5/11-9.3 – Presence Within School Zones and Other Child-Focused Areas by Child Sex Offenders Prohibited

This law sets strict rules about where people convicted of certain sex crimes involving children may go, live, work, or communicate.

This statute is meant to protect children by keeping child sex offenders away from schools, parks, child care locations, and other places where kids are often present. It also limits where these offenders can live, work, and communicate with minors.

(a) A child sex offender may not knowingly be inside a school building, on school property, or on school transportation when children under 18 are present. An exception exists if the offender is the child’s parent or guardian and is at the school for approved meetings, has permission from school officials, checks in and out with the principal, and stays supervised if around children.

(a-5) A child sex offender may not be within 100 feet of a marked school bus stop when children under 18 are present.

(a-10) A child sex offender may not be in a public park, playground, or recreation area when children are present, and may not approach, contact, or communicate with a child, unless the offender is the child’s parent or guardian.

(b) A child sex offender may not loiter within 500 feet of a school when children are present. Limited exceptions apply for parents or guardians attending approved school meetings with notice and permission.

(b-2) A child sex offender may not loiter within 500 feet of a public park when children are present or contact a child there, unless the offender is the child’s parent or guardian.

(b-5) A child sex offender may not live within 500 feet of a school. An exception applies if the offender bought and owned the home before July 7, 2000.

(b-10) A child sex offender may not live within 500 feet of playgrounds, day cares, or facilities serving only children. Exceptions apply if the offender owned the property before certain dates.

(b-15) A child sex offender may not live within 500 feet of the victim of the offense unless the offender owned the property before August 22, 2002. This rule does not apply if the victim is 21 or older.

(b-20) A child sex offender may not use the internet or digital media to communicate with someone under 18, or someone they believe is under 18, unless the offender is the child’s parent or guardian and the communication is lawful.

(c) A child sex offender may not work, volunteer, manage, or be present at places that provide programs or care only for children, including schools and day care facilities. The offender may own the property but must stay away during operating hours.

(c-2) A child sex offender may not take part in holiday events involving children, such as handing out candy on Halloween or dressing as Santa or the Easter Bunny. This does not apply when only the offender’s own children are present at home.

(c-5) A child sex offender may not work for or be involved with carnivals, amusement businesses, or state or county fairs when children are present.

(c-6) A child sex offender who lives in a building they own may not rent units in that building to families with children. This applies only to rental agreements made after January 1, 2009.

(c-7) A child sex offender may not offer or provide programs or services for children in any home or facility, whether paid or unpaid.

(c-8) A child sex offender may not operate certain vehicles, including:

1. Food or beverage sale vehicles, such as ice cream trucks
2. Authorized emergency vehicles
3. Rescue vehicles

(d) Definitions:

1. “Child sex offender” means a person who:
   1. Has been charged under Illinois law, or a similar law in another state or federal law, with a sex offense listed in paragraph (2) or an attempt to commit such an offense, and the victim was under 18 years old; and:
      1. Was convicted of the crime or attempt.
      2. Was found not guilty because of insanity for the crime or attempt.
      3. Was found not guilty due to insanity under Section 104-25(c) of the Code of Criminal Procedure of 1963, for the crime or attempt.
      4. Had a hearing under Section 104-25(a) of the same Code where the finding did not result in acquittal for the alleged crime or attempt.
      5. Was found not guilty by reason of insanity under a similar law from another state or the federal government for the crime or attempt.
      6. Had a hearing under a similar law from another state or the federal government like Section 104-25(a), with a finding not resulting in acquittal for the alleged crime or attempt.
   2. Is certified as a sexually dangerous person under Illinois or similar federal or state law, when their actions involved someone under 18.
   3. Is subject to the rules of Section 2 of the Interstate Agreements on Sexually Dangerous Persons Act.

   Convictions from the same act or at the same time count as one. A conviction canceled by law does not count.

2. “Sex offense” means:
   1. Breaking any of several sex-related laws in the Criminal Code (such as child luring, predatory assault of a child, indecent solicitation, sexual misconduct, promoting prostitution, child pornography, grooming, or similar crimes). Attempts count too.
   2. Committing sexual assault, aggravated sexual assault, sexual abuse, or aggravated sexual abuse when the victim is under 18. Attempts count too.
   3. Kidnapping, aggravated kidnapping, unlawful restraint, aggravated unlawful restraint, or permitting sexual abuse of a child when the victim is under 18 and the offender is not the parent. Attempts count too.
   4. Violating older Illinois laws that are basically the same as those listed above.
3. “Sex offense” for subsections (b-5) and (b-10) includes similar crimes listed above, focusing on acts like child luring, sexual assault of minors, child pornography, grooming, or kidnapping of minors.
4. Out-of-state or federal convictions that are basically the same as Illinois sex offenses or sexually dangerous person findings count the same as Illinois convictions.
5. “Authorized emergency vehicle,” “rescue vehicle,” and “vehicle” have the meanings given in the Illinois Vehicle Code.
6. “Child care institution” means a facility defined in Section 2.06 of the Child Care Act of 1969.
7. “Day care center” means a facility defined in Section 2.09 of the Child Care Act of 1969.
8. “Day care home” means a facility defined in Section 2.18 of the Child Care Act of 1969.
9. “Facility providing programs or services for minors” means any place that offers programs or services mainly for people under 18.
10. “Group day care home” means a facility defined in Section 2.20 of the Child Care Act of 1969.
11. “Internet” has the same meaning as in Section 16-0.1 of the Criminal Code.
12. “Loiter” means:
    1. Standing or sitting around, with or without a vehicle, near a school or public park.
    2. Doing so for the purpose of committing or trying to commit a sex offense.
    3. Entering or staying in a building near a school when it’s not your home.
13. “Part day child care facility” means a facility defined in Section 2.10 of the Child Care Act of 1969.
14. “Playground” means a piece of land owned or managed by a local government, used mainly for children’s play.
15. “Public park” means parks, forest preserves, bike paths, trails, or conservation areas managed by the state or local government.
16. “School” means any public or private preschool, elementary, or high school.
17. “School official” means someone like a principal, teacher, certified school employee, superintendent, or school board member.

(e) The 500-foot distance is measured from the edge of school, park, child care, or victim property to the edge of where the offender lives or is loitering.

(f) Sentence: Anyone who breaks this law commits a Class 4 felony.

View the full statute here.

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