720 ILCS 5/10-5.1 – Luring of a Minor

720 ILCS 5/10-5.1 – Luring of a Minor

This law makes it a crime for an adult to try to lure or persuade a child under 15, using electronic contact, for illegal purposes without the parent’s permission.

This Illinois law says adults cannot try to trick or convince kids under age 15 to leave home or go somewhere else without their parents’ knowledge, especially if it’s for an unlawful reason. It also sets different punishments depending on the age of the offender and whether it’s a first or repeat offense.

(a) If someone who is 21 or older contacts a child under 15 online or by phone and tries to get that child to go somewhere without their parent knowing, for something illegal, they are committing this crime. The adult must also act in a way that shows they are trying to follow through with that plan and must be a stranger to the child’s parents.

(b) If someone aged 18 to 20 does the same thing–tries to get a child under 15 to go somewhere without permission for an illegal reason–it is also a crime. The same conditions as above apply: the person acts on the plan and is a stranger to the parents.

(c) Definitions:

1. “Emergency situation” means when a child is in danger of being hurt physically or emotionally.
2. “Express consent” means clear, direct permission given by a parent or guardian.
3. “Contacts or communicates electronically” includes contacting through phone, internet, or text messages (but could also be more).
4. “Luring” means trying to attract or tempt a child to go somewhere.
5. “Minor” means anyone under 15 years old.
6. “Stranger” means someone the parents don’t know or don’t have any connection with.
7. “Unlawful purpose” means doing something illegal under state, federal, or local law.

(d) The law doesn’t include regular communication between minors and people who contact minors as part of their job or volunteer work, like teachers or youth group leaders.

(e) This law is meant to keep children safe and help parents protect them.

(f) Affirmative Defenses:

1. If the person truly believed the child was 15 or older, it is a defense.
2. If the person was helping a child in an emergency, it is a defense.
3. But it is still a crime even if the “minor” was actually an undercover police officer pretending to be a child – this cannot be a defense.

(g) Penalties:

1. First-time offenders age 21 or older: Class 4 felony. If they’ve been convicted of a sex offense before, it becomes a Class 2 felony.
   • These offenders must also go through a sex offender evaluation before they are sentenced.
2. First-time offenders age 18–20: Class B misdemeanor.
3. Second offense: Class 3 felony for those 21+, Class 4 felony for ages 18–20. If they have a prior sex conviction, it becomes a Class 1 felony, and they must register as a sexual predator.
4. Third or later offense: Class 1 felony, or Class X felony if they have a prior sex offense conviction.

(h) The crime can be tried in Illinois if the message was sent from or received in Illinois. For offenders aged 18–20, the case can be brought where the child or offender lives, or where the act occurred. Emergencies are not covered by this law.

View the full statute here.

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