(720 ILCS 5/10-5.1) Sec. 10-5.1. Luring of a minor. (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; (2) with the intent to persuade, lure or transport
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;
(3) for an unlawful purpose; (4) without the express consent of the person's
parent or legal guardian;
(5) with the intent to avoid the express consent of
the person's parent or legal guardian;
(6) after so communicating, commits any act in
furtherance of the intent described in clause (a)(2); and
(7) is a stranger to the parents or legal guardian of
the minor.
(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
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;
(3) for an unlawful purpose; (4) without the express consent of the person's
parent or legal guardian;
(5) with the intent to avoid the express consent of
the person's parent or legal guardian;
(6) after so communicating, commits any act in
furtherance of the intent described in clause (b)(2); and
(7) is a stranger to the parents or legal guardian of
the minor.
(c) Definitions. For purposes of this Section: (1) "Emergency situation" means a situation in which
the minor is threatened with imminent bodily harm, emotional harm or psychological harm.
(2) "Express consent" means oral or written
permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning.
(3) "Contacts or communicates electronically"
includes but is not limited to, any attempt to make contact or communicate telephonically or through the Internet or text messages.
(4) "Luring" shall mean any knowing act to solicit,
entice, tempt, or attempt to attract the minor.
(5) "Minor" shall mean any person under the age of 15. (6) "Stranger" shall have its common and ordinary
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.
(7) "Unlawful purpose" shall mean any misdemeanor or
felony violation of State law or a similar federal or sister state law or local ordinance.
(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
under this Section 10-5.1 that the accused reasonably believed that the minor was over the age of 15.
(2) It shall be an affirmative defense to any offense
under this Section 10-5.1 that the accused is assisting the minor in an emergency situation.
(3) It shall not be a defense to the prosecution of
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.
(g) Penalties. (1) A first offense of luring of a minor under
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.
(2) A first offense of luring of a minor under
subsection (b) is a Class B misdemeanor.
(3) A second or subsequent offense of luring of a
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.
(4) A third or subsequent offense is a Class 1
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.
(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.
(Source: P.A. 95-625, eff. 6-1-08.)
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2014–2022 · leading case: People v. Cetwinski, 2018 IL App (3d) 160174 (Ill. App. Ct. 2019).
People v. Cetwinski, 2018 IL App (3d) 160174 (Ill. App. Ct. 2019). “Even within this select group of offenses, criminal sexual assault is still not the least serious offense, as the list includes misdemeanor offenses (720 ILCS 5/10-5.1(b), (g)(2) (West 2016)) and lesser felonies (id.”
People v.Wunderich, 2022 IL App (1st) 200274-U (Ill. App. Ct. 2022). · cites it 4ד720 ILCS 5/10-5.1 (West 2008). Even in the absence of this permissive presumption, we find that any rational trier of fact could have found this essential element of the offense beyond a reasonable doubt.”
People v. Trotter, 2013 IL App (2d) 120363 (Ill. App. Ct. 2014). “During this time, 1 Effective January 1, 2012, section 10-5 was amended to include the definition for luring used in the offense of “luring a minor” (720 ILCS 5/10-5.1(c)(4) (West 2008)). “Luring” is now defined as an act “to solicit, entice, tempt, or attempt to attract the…”
People v. Hendershott, 2020 IL App (1st) 180731-U (Ill. App. Ct. 2020). “6(a) (West 2014), harmful material (720 ILCS 5/11-21(g) (West 2014), grooming (720 ILCS 5/11-25) (West 2014)), and luring of a minor (720 ILCS 5/10-5.1(a) (West 2014)). Trial proceeded solely on the five counts of aggravated criminal sexual abuse.”
— 720 ILCS 5/10-5.1(a) — 2 cases
People v.Wunderich, 2022 IL App (1st) 200274-U (Ill. App. Ct. 2022). “720 ILCS 5/10-5.1 (West 2008). Even in the absence of this permissive presumption, we find that any rational trier of fact could have found this essential element of the offense beyond a reasonable doubt.”
People v. Hendershott, 2020 IL App (1st) 180731-U (Ill. App. Ct. 2020). “6(a) (West 2014), harmful material (720 ILCS 5/11-21(g) (West 2014), grooming (720 ILCS 5/11-25) (West 2014)), and luring of a minor (720 ILCS 5/10-5.1(a) (West 2014)). Trial proceeded solely on the five counts of aggravated criminal sexual abuse.”
— 720 ILCS 5/10-5.1(b) — 1 case
People v. Cetwinski, 2018 IL App (3d) 160174 (Ill. App. Ct. 2019). “Even within this select group of offenses, criminal sexual assault is still not the least serious offense, as the list includes misdemeanor offenses (720 ILCS 5/10-5.1(b), (g)(2) (West 2016)) and lesser felonies (id.”
— 720 ILCS 5/10-5.1(c)(4) — 1 case
People v. Trotter, 2013 IL App (2d) 120363 (Ill. App. Ct. 2014). “During this time, 1 Effective January 1, 2012, section 10-5 was amended to include the definition for luring used in the offense of “luring a minor” (720 ILCS 5/10-5.1(c)(4) (West 2008)). “Luring” is now defined as an act “to solicit, entice, tempt, or attempt to attract the…”
— 720 ILCS 5/10-5.1(c)(6) — 1 case
People v.Wunderich, 2022 IL App (1st) 200274-U (Ill. App. Ct. 2022). “720 ILCS 5/10-5.1 (West 2008). Even in the absence of this permissive presumption, we find that any rational trier of fact could have found this essential element of the offense beyond a reasonable doubt.”
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