NOTE: The following article features updated materials to explain how Illinois law changed with Public Act 101-571. Since an August 2019 effective date, this Act made several changes to Sections 3, 10, and 11 of the Sex Offender Registration Act, including funding sources.
Illinois Sex Offender Registration Mandate
Illinois law provides that any person who is found guilty of a sex offense must register as a sex offender pursuant to the Sex Offender Registration Act. See 730 ILCS 150/1.
A person who is required to register will have their identity made part of the public registry, which is managed by the Illinois State Police. The registry allows users to search for specific individuals as well as filter for sex offenders nearby their location on a map. The state police are able to provide these services, generally referred to as the Sex Offender Database, using registration fees and funds from other state allocations.
Sex offender registration in Illinois lasts for a minimum period of 10 years. See 730 ILCS 150/7. The 10-year time span begins to run when the person is released from custody, not from the date of conviction. See id.
IL Convictions that Require Sex Offender Registration
A conviction for any of the following offenses, or for an attempt to commit one of these offenses, requires registration as a sex offender in Illinois:
- Child Pornography, 720 ILCS 5/11-20.1
- Aggravated Child Pornography, 720 ILCS 5/11-20.1B or 11-20.3
- Indecent Solicitation of A Child, 720 ILCS 5/11-6
- Sexual Exploitation of A Child, 720 ILCS 5/11-9.1
- Custodial Sexual Misconduct, 720 ILCS 5/11-9.2
- Sexual Misconduct with a person with a disability, 720 ILCS 5/11-9.5
- Promoting Juvenile Prostitution, 720 ILCS 5/11-14.4
- Soliciting for a Juvenile Prostitute, 720 ILCS 5/11-15.1
- Patronizing a Juvenile Prostitute, 720 ILCS 5/11-18.1
- Keeping a Place of Juvenile Prostitution, 720 ILCS 5/11-17.1
- Juvenile Pimping, 720 ILCS 5/11-19.1
- Exploitation of A Child, 720 ILCS 5/11-19.2
- Grooming, 720 ILCS 5/11-25
- Traveling to Meet a Minor, 720 ILCS 5/11-26
- Criminal Sexual Assault, 720 ILCS 5/11-1.20 or 12-13
- Aggravated Criminal Sexual Assault, 720 ILCS 5/11-1.30 or 12-14
- Predatory Criminal Sexual Assault of a Child, 720 ILCS 5/11-1.40 or 12-14.1
- Criminal Sexual Abuse, 720 ILCS 5/11-1.50 or 12-15
- Aggravated Criminal Sexual Abuse, 720 ILCS 5/11-1.60 or 12-16
- Ritualized Abuse Of A Child, 720 ILCS 5/12-33
- Sexual Relations within Families, 720 ILCS 5/11-11
- Public Indecency for a Third or Subsequent Conviction, 720 ILCS 5/11-9 or 11-30
- Permitting Sexual Abuse, 720 ILCS 5/11-9.1A
- Indecent Solicitation of an Adult, 720 ILCS 5/11-6.5
- Promoting Prostitution, 720 ILCS 5/11-14.3 if profit was made;
- Soliciting for a Prostitute, 720 ILCS 5/11-15, if the victim is under 18 years of age.
- Pandering, 720 ILCS 5/11-16 , if the victim is under 18 years of age.
- Patronizing a Prostitute, 720 ILCS 5/11-18, if the victim is under 18 years of age.
- Pimping, 720 ILCS 5/11-19, if the victim is under 18 years of age.
For the offenses listed below, sex offender registration is only required under specific circumstances. The perpetrator cannot be the victim’s parent and must commit any of the following sexually motivated offenses against victim younger than 18 years old.
- Kidnapping, 720 ILCS 5/10-1
- Aggravated Kidnapping, 720 ILCS 5/10-2
- Unlawful Restraint, 720 ILCS 5/10-3 or
- Aggravated Unlawful Restraint, 720 ILCS 5/10-3.1
A person who is found guilty of first degree murder, 720 ILCS 5/9-1, sometimes must register as a sex offender. This required when the murder was sexually motivated, the victim was a person under 18 years of age and the defendant was at least 17 years of age at the time of the commission of the offense, and the offense was sexually motivated.
A person must register if found guilty of Child Abduction, 720 ILCS 5/10-5, in certain cases. If the crime is committed by luring or attempting to lure a child under the age of 16 into a motor vehicle, building, house trailer, or dwelling place without the consent of the parent or lawful custodian of the child for other than a lawful purpose – then registration is required.
Alsp a person must register if found guilty of Forcible Detention, 720 ILCS 5/10-4, if there are two factors present. The victim must be under 18 years of age and the offense must be sexually motivated.
When accused of a sex offense, generally the best course is to fight the case at trial rather than plead guilty and suffer the consequences of registration.