Illinois Compiled Statutes 720 ILCS 5/10-5.1 – Luring of a minor
Current as of: 2024 | Check for updates
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(a) A person commits the offense of luring of a minor when the offender is 21 years of age or older and knowingly contacts or communicates electronically to the minor:
(1) knowing the minor is under 15 years of age;
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-30, § Ill. Comp. Stat. 730 ILCS 5/5-4.5-35, § Ill. Comp. Stat. 730 ILCS 5/5-4.5-40 and § Ill. Comp. Stat. 730 ILCS 5/5-4.5-60
(2) with the intent to persuade, lure or transport
(1) knowing the minor is under 15 years of age;
Attorney's Note
Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 felony | between 4 and 15 years | up to $25,000 |
| Class 2 felony | between 3 and 7 years | up to $25,000 |
| Class 3 felony | between 2 and 5 years | up to $25,000 |
| Class B misdemeanor | up to 6 months | up to $1,500 |
Terms Used In Illinois Compiled Statutes 720 ILCS 5/10-5.1
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(2) with the intent to persuade, lure or transport
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the minor away from his or her home, or other location known by the minor’s parent or legal guardian to be the place where the minor is to be located;
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(3) for an unlawful purpose;
(4) without the express consent of the person’s
(4) without the express consent of the person’s
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parent or legal guardian;
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(5) with the intent to avoid the express consent of
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the person’s parent or legal guardian;
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(6) after so communicating, commits any act in
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furtherance of the intent described in clause (a)(2); and
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(7) is a stranger to the parents or legal guardian of
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the minor.
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(b) A person commits the offense of luring of a minor when the offender is at least 18 years of age but under 21 years of age and knowingly contacts or communicates electronically to the minor:
(1) knowing the minor is under 15 years of age;
(2) with the intent to persuade, lure, or transport
(1) knowing the minor is under 15 years of age;
(2) with the intent to persuade, lure, or transport
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the minor away from his or her home or other location known by the minor’s parent or legal guardian, to be the place where the minor is to be located;
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(3) for an unlawful purpose;
(4) without the express consent of the person’s
(4) without the express consent of the person’s
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parent or legal guardian;
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(5) with the intent to avoid the express consent of
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the person’s parent or legal guardian;
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(6) after so communicating, commits any act in
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furtherance of the intent described in clause (b)(2); and
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(7) is a stranger to the parents or legal guardian of
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the minor.
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(c) Definitions. For purposes of this Section:
(1) “Emergency situation” means a situation in which
(1) “Emergency situation” means a situation in which
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the minor is threatened with imminent bodily harm, emotional harm or psychological harm.
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(2) “Express consent” means oral or written
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permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning.
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(3) “Contacts or communicates electronically”
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includes but is not limited to, any attempt to make contact or communicate telephonically or through the Internet or text messages.
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(4) “Luring” shall mean any knowing act to solicit,
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entice, tempt, or attempt to attract the minor.
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(5) “Minor” shall mean any person under the age of 15.
(6) “Stranger” shall have its common and ordinary
(6) “Stranger” shall have its common and ordinary
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meaning, including but not limited to, a person that is either not known by the parents of the minor or does not have any association with the parents of the minor.
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(7) “Unlawful purpose” shall mean any misdemeanor or
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felony violation of State law or a similar federal or sister state law or local ordinance.
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(d) This Section may not be interpreted to criminalize an act or person contacting a minor within the scope and course of his employment, or status as a volunteer of a recognized civic, charitable or youth organization.
(e) This Section is intended to protect minors and to help parents and legal guardians exercise reasonable care, supervision, protection, and control over minor children.
(f) Affirmative defenses.
(1) It shall be an affirmative defense to any offense
(e) This Section is intended to protect minors and to help parents and legal guardians exercise reasonable care, supervision, protection, and control over minor children.
(f) Affirmative defenses.
(1) It shall be an affirmative defense to any offense
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under this Section 10-5.1 that the accused reasonably believed that the minor was over the age of 15.
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(2) It shall be an affirmative defense to any offense
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under this Section 10-5.1 that the accused is assisting the minor in an emergency situation.
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(3) It shall not be a defense to the prosecution of
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any offense under this Section 10-5.1 if the person who is contacted by the offender is posing as a minor and is in actuality an adult law enforcement officer.
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(g) Penalties.
(1) A first offense of luring of a minor under
(1) A first offense of luring of a minor under
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subsection (a) shall be a Class 4 felony. A person convicted of luring of a minor under subsection (a) shall undergo a sex offender evaluation prior to a sentence being imposed. An offense of luring of a minor under subsection (a) when a person has a prior conviction in Illinois of a sex offense as defined in the Sex Offender Registration Act, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense, is guilty of a Class 2 felony.
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(2) A first offense of luring of a minor under
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subsection (b) is a Class B misdemeanor.
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(3) A second or subsequent offense of luring of a
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minor under subsection (a) is a Class 3 felony. A second or subsequent offense of luring of a minor under subsection (b) is a Class 4 felony. A second or subsequent offense when a person has a prior conviction in Illinois of a sex offense as defined in the Sex Offender Registration Act, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense, is a Class 1 felony. A defendant convicted a second time of an offense under subsection (a) or (b) shall register as a sexual predator of children pursuant to the Sex Offender Registration Act.
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(4) A third or subsequent offense is a Class 1
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felony. A third or subsequent offense when a person has a prior conviction in Illinois of a sex offense as defined in the Sex Offender Registration Act, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign government offense, is a Class X felony.
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(h) For violations of subsection (a), jurisdiction shall be established if the transmission that constitutes the offense either originates in this State or is received in this State and does not apply to emergency situations. For violations of subsection (b), jurisdiction shall be established in any county where the act in furtherance of the commission of the offense is committed, in the county where the minor resides, or in the county where the offender resides.