HB 2458

Abstract

Amends the Criminal Code of 2012. Changes the statute of limitations for grooming to provide that when the victim is under 17 years of age at the time of the offense, a prosecution for grooming may be commenced within 10 years after the victim or the person with a disability attains 17 years of age. Changes the name of the offenses of child sexual abuse material to child sexual abuse material. Changes the penalty for grooming from a Class 4 to a Class 3 felony. Deletes references to criminal transmission of HIV in various statutes. In the Sex Offenses Article of the Criminal Code of 2012, provides a definition for "unable to give knowing consent". Provides that a person commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person knowingly entices, coerces, or persuades a child to participate in the production of the recording or memorializing a sexual act of persons ages 18 or older. Provides that a violation of this provision of sexual exploitation of a child is a Class 4 felony for a first offense; and a Class 3 felony for a second or subsequent offense, or if the person has been previously convicted of a sex offense. Amends the Code of Criminal Procedure of 1963. Provides that the court may set any conditions it finds just and appropriate on the taking of testimony of a victim or witness who is under 18 years of age or an intellectually disabled person or a person affected by a developmental disability (rather than a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability) involving the use of a facility dog in any criminal proceeding. Makes other changes concerning the admissibility of evidence in cases involving involuntary servitude, involuntary sexual servitude of a minor, and trafficking in persons. Amends various Acts to change references from "child pornography" to "child sexual abuse material". House Committee Amendment No. 1 Provides that the definition of "family member" in the Sex Offenses Article of the Criminal Code of 2012 includes a sibling. Provides that "family member" also means, if the victim is under 18 years of age, an accused who has resided in the household with the child continuously for at least 3 (rather than 6) months. Restores a reference to aggravated child pornography which offense was repealed by Public Act 97-995, effective January 1, 2013. House Committee Amendment No. 2 In the definition provisions of the Sex Offenses Article of the Criminal Code of 2012, deletes in the definition of "unable to give knowing consent" that the victim could not give intelligent agreement to the sexual act. Provides that a violation of the provisions of sexual exploitation of a child by knowingly enticing, coercing, or persuading a child to participate in the production of the recording or memorializing a sexual act of persons ages 18 or older is a Class 4 felony (rather than a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense or if the person has been previously convicted of a sex crime). Provides that in order to commit the offense of grooming, the person be 5 years or more older than a child victim, or holding a position of trust, authority, or supervision in relation to the child at the time of the offense. House Committee Amendment No. 3 In the amendatory changes to the Criminal Code of 2012, restores the Class 4 felony penalty for grooming.