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(720 ILCS 5/11‑9.1) (from Ch. 38, par. 11‑9.1)
Sec. 11‑9.1. Sexual exploitation of a child.
(a) Any person commits sexual exploitation of a child if in the presence of a child and with intent or knowledge that a child would view his or her acts, that person:
(1) engages in a sexual act; or
(2) exposes his or her sex organs, **** or breast
for the purpose of sexual arousal or gratification of such person or the child.
(a‑5) A person commits sexual exploitation of a child who knowingly entices, coerces, or persuades a child to remove the child's clothing for the purpose of sexual arousal or gratification of the person or the child, or both.
(b) Definitions. As used in this Section:
"Sexual act" means masturbation, sexual conduct or sexual penetration as defined in Section 12‑12 of this Code.
"Sex offense" means any violation of Article 11 of this Code or a violation of Section 12‑13, 12‑14, 12‑14.1, 12‑15, 12‑16, or 12‑16.2 of this Code.
"Child" means a person under 17 years of age.
(c) Sentence.
(1) Sexual exploitation of a child is a Class A
misdemeanor. A second or subsequent violation of this Section or a substantially similar law of another state is a Class 4 felony.
(2) Sexual exploitation of a child is a Class 4
felony if the person has been previously convicted of a sex offense.
(3) Sexual exploitation of a child is a Class 4
felony if the victim was under 13 years of age at the time of the commission of the offense.
(Source: P.A. 94‑140, eff. 7‑7‑05.)
