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Illinois Compiled Statutes

720 ILCS 5/11-9.1 (2026)

Sexual exploitation of a child

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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) 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:
        (1) engages in a sexual act;
        (2) exposes his or her sex organs, anus or breast for
    
the purpose of sexual arousal or gratification of such person or the child or one whom he or she believes to be a child; or
        (3) 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.
    (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 11-0.1 of this Code.
    "Sex offense" means any violation of Article 11 of this Code.
    "Child" means a person under 17 years of age.
    "Virtual presence" means an environment that is created with software and presented to the user and or receiver via the Internet, in such a way that the user appears in front of the receiver on the computer monitor or screen or hand-held portable electronic device, usually through a web camming program. "Virtual presence" includes primarily experiencing through sight or sound, or both, a video image that can be explored interactively at a personal computer or hand-held communication device, or both.
    "Webcam" means a video capturing device connected to a computer or computer network that is designed to take digital photographs or live or recorded video which allows for the live transmission to an end user over the Internet.
    (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.
        (4) Sexual exploitation of a child is a Class 4
    
felony if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds.
        (5) A violation of paragraph (3) of subsection (a) is
    
a Class 4 felony.
(Source: P.A. 104-245, eff. 1-1-26.)

    
Notes of Decisions
Cited in 33 cases (16 in the last 5 years), 2003–2026 · leading case: People v. Fretch, 2017 IL App (2d) 151107.
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People v. Fretch, 2017 IL App (2d) 151107. · cites it 5× “720 ILCS 5/11-9.1(a), (a-5) (West 2014). This suggests openness in the concept of “presence.”
People v. Melvin, 2023 IL App (4th) 220405, 229 N.E.3d 292. · cites it 8× “The plea agreement provided defendant would receive a sentence of 18 months in the Illinois Department of Corrections (DOC) with credit for 303 days served in pretrial detention and no mandatory supervised release (MSR), which would run consecutively to defendant’s sentence in…”
People v. Ward, 830 N.E.2d 556 (Ill. 2005). “, 720 ILCS 5/11-6 (West 2002) (indecent solicitation of a child); 720 ILCS 5/11-9.1 (West 2002) (sexual exploitation of a child); 720 ILCS 5/11-9.”
People v. Donald R., 796 N.E.2d 670 (Ill. App. Ct. 3d Dist. 2003). · cites it 2× “, be adjudged delinquent for having committed the offenses of aggravated criminal sexual abuse (720 ILCS 5/12-16(c)(2)(i) (West 2000)) (count I) and sexual exploitation of a child (720 ILCS 5/11-9.1(a)(2) (West 2000)) (count II).”
People v. Beard, 851 N.E.2d 141 (Ill. App. Ct. 1st Dist. 2006). · cites it 2× “720 ILCS 5/11-9.1 (West 2002) [3] . Finally, the facts do not establish that Beard engaged in a sexual act with the two kidnap victims under 18 years of age, or that Beard had an intent to engage in a sexual act with the minor kidnap victims.”
People v. Dryer, 2021 IL App (2d) 190187, 173 N.E.3d 261. · cites it 3× “OPINION ¶1 After a jury trial, defendant, Seth Dryer, was convicted of two counts of sexual exploitation of a child (720 ILCS 5/11-9.1(a-5) (West 2014)) and seven counts of child pornography 1 (720 1 In the proceedings below, the parties and the trial court were under the…”
People v. Grochocki, 796 N.E.2d 153 (Ill. App. Ct. 3d Dist. 2003). · cites it 2× “Justice HOLDRIDGE delivered the opinion of the court: David Grochocki was found guilty of sexual exploitation of a child (720 ILCS 5/11-9.1(a)(1) (West 2000)) and sentenced to 12 months of conditional discharge.”
People v. Alexander, 862 N.E.2d 240 (Ill. App. Ct. 3d Dist. 2007). · cites it 2× “Reasonable Doubt Alexander argues that the State failed to prove that he acted for the purpose of his sexual arousal or gratification. Sexual exploitation of a child occurs when "[a]ny person * * * in the presence of a child * * * exposes his or her sex organs, * * * for the…”
People v. Singer, 2021 IL App (2d) 200314, 194 N.E.3d 890. “BACKGROUND ¶3 On October 17, 2018, the Kane County state’s attorney charged defendant by complaint with sexual exploitation of a child (count I) (720 ILCS 5/11-9.1(a-5) (West 2016)) and disorderly conduct (count II).”
People v. White, 2021 IL App (4th) 200354, 185 N.E.3d 712. · cites it 3× “” 720 ILCS 5/11-9.1(a) (West 2018). Thus, the offense described in subsection (a) (id.”
People v. Smith, 2015 IL App (4th) 130205, 29 N.E.3d 674. “60(c)(1)(i) (West 2010)), and one count of sexual exploitation of a child (720 ILCS 5/11-9.1(a)(2) (West 2010)) based on incidents of sexual abuse involving defendant and two unrelated children, which occurred in February or March 2012.”
People v. Gordon, 2017 IL App (3d) 140770. “¶2 FACTS ¶3 The State charged defendant by indictment with two counts of sexual exploitation of a child (720 ILCS 5/11-9.1(a)(1) (West 2012)). The indictment alleged that “defendant knowingly, while in the presence of a child and with intent or knowledge that a child under the…”
Show all 33 citing cases →
720 ILCS 5/11-9.1(2): 1 case
People v. Melvin, 2023 IL App (4th) 220405, 229 N.E.3d 292. “The plea agreement provided defendant would receive a sentence of 18 months in the Illinois Department of Corrections (DOC) with credit for 303 days served in pretrial detention and no mandatory supervised release (MSR), which would run consecutively to defendant’s sentence in…”
720 ILCS 5/11-9.1(a): 6 cases
People v. Fretch, 2017 IL App (2d) 151107. “720 ILCS 5/11-9.1(a), (a-5) (West 2014). This suggests openness in the concept of “presence.”
People v. Melvin, 2023 IL App (4th) 220405, 229 N.E.3d 292. “The plea agreement provided defendant would receive a sentence of 18 months in the Illinois Department of Corrections (DOC) with credit for 303 days served in pretrial detention and no mandatory supervised release (MSR), which would run consecutively to defendant’s sentence in…”
People v. White, 2021 IL App (4th) 200354, 185 N.E.3d 712. “” 720 ILCS 5/11-9.1(a) (West 2018). Thus, the offense described in subsection (a) (id.”
People v. McElveen, 2020 IL App (5th) 180280-U.
People v. Contreras, 2021 IL App (1st) 180493-U.
720 ILCS 5/11-9.1(a)(1): 6 cases
People v. Grochocki, 796 N.E.2d 153 (Ill. App. Ct. 3d Dist. 2003). “Justice HOLDRIDGE delivered the opinion of the court: David Grochocki was found guilty of sexual exploitation of a child (720 ILCS 5/11-9.1(a)(1) (West 2000)) and sentenced to 12 months of conditional discharge.”
People v. Gordon, 2017 IL App (3d) 140770. “¶2 FACTS ¶3 The State charged defendant by indictment with two counts of sexual exploitation of a child (720 ILCS 5/11-9.1(a)(1) (West 2012)). The indictment alleged that “defendant knowingly, while in the presence of a child and with intent or knowledge that a child under the…”
People v. Gordon, 2017 IL App (3d) 140770, 72 N.E.3d 430.
People v. Sicilia, 2022 IL App (2d) 210496-U.
People v. Nelson, 2022 IL App (4th) 210272-U.
720 ILCS 5/11-9.1(a)(2): 13 cases
People v. Fretch, 2017 IL App (2d) 151107. “720 ILCS 5/11-9.1(a), (a-5) (West 2014). This suggests openness in the concept of “presence.”
People v. Donald R., 796 N.E.2d 670 (Ill. App. Ct. 3d Dist. 2003). “, be adjudged delinquent for having committed the offenses of aggravated criminal sexual abuse (720 ILCS 5/12-16(c)(2)(i) (West 2000)) (count I) and sexual exploitation of a child (720 ILCS 5/11-9.1(a)(2) (West 2000)) (count II).”
People v. Alexander, 862 N.E.2d 240 (Ill. App. Ct. 3d Dist. 2007). “Reasonable Doubt Alexander argues that the State failed to prove that he acted for the purpose of his sexual arousal or gratification. Sexual exploitation of a child occurs when "[a]ny person * * * in the presence of a child * * * exposes his or her sex organs, * * * for the…”
People v. Smith, 2015 IL App (4th) 130205, 29 N.E.3d 674. “60(c)(1)(i) (West 2010)), and one count of sexual exploitation of a child (720 ILCS 5/11-9.1(a)(2) (West 2010)) based on incidents of sexual abuse involving defendant and two unrelated children, which occurred in February or March 2012.”
People v. Smith, 2015 IL App (4th) 130205.
720 ILCS 5/11-9.1(b): 1 case
People v. Melvin, 2023 IL App (4th) 220405, 229 N.E.3d 292. “The plea agreement provided defendant would receive a sentence of 18 months in the Illinois Department of Corrections (DOC) with credit for 303 days served in pretrial detention and no mandatory supervised release (MSR), which would run consecutively to defendant’s sentence in…”
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