The Sex Offender Registration Act (730 ILCS 150/ et seq.) requires sex offenders, sexual predators, and similarly dangerous offenders to register their information with the State of Illinois. This information is compiled into a registry and published for public use. The registry can provide specific information, such as the crime charged, and whether the individual is a sexual predator.
It is common knowledge that sex crimes like abuse, assault, or rape lead to mandatory registration as an offender. But a question often arises concerning lesser-known sex crimes, such as grooming and public indecency. Is sex offender registration required for these crimes?
What is Considered Grooming? Penalties & Sentencing
720 ILCS 5/11-25 creates the definition of grooming under Illinois law. This section makes it illegal to knowingly use an electronic device or service to solicit a child under 17 years old. This statute includes the use of computers, mobile phones, online services, and other electronic mechanisms capable of exchanging data.
If a person uses an electronic device to solicit, seduce, lure, or entice a minor child into sexual conduct, it qualifies as grooming. The same holds true for any attempt to solicit, seduce, lure, or entice a minor child, even if the attempt is unsuccessful.
Any person who commits grooming is guilty of a Class 4 felony. If convicted, the punishment can include one to three years in prison and up to $25,000 in criminal fines.
For the purposes of the Sex Offender Registration Act, grooming is always considered a sex offense. As a result, any person who commits grooming in Illinois is required to register as a sex offender.
What is Considered Public Indecency? Penalties & Sentencing
720 ILCS 5/11-30 provides the definition of public indecency under Illinois law. This section makes it illegal to commit certain sexual acts or lewd gestures in public places. In this context, the term public place refers to any location that is reasonably accessible or visible to other people.
A person over 17 years old commits public indecency if they commit an act of sexual conduct or penetration in a public place. It also qualifies as public indecency if such a person exposes their body in a lewd way in public, if doing so was meant to arose or satisfy sexual desire. Also, Section 11-30 specifically excludes the breast feeding of infants from the definition of public indecency.
Any person who commits public indecency is guilty of a Class A misdemeanor. If convicted, the punishment can include up to 364 days in jail and a maximum of $2,500 in criminal fines.
On the other hand, public indecency becomes a Class 4 felony if committed within 500 feet of school with children present. Moreover, a person who commits public indecency for a third or subsequent time is also guilty of a Class 4 felony.
For the purposes of the Sex Offender Registration Act, public indecency does not necessarily qualify as a sex offense. A person commits public indecency once or twice is not required to register. But a third or subsequent offense triggers mandatory registration as a sex offender in Illinois.
To read more about types of crimes, read our article on offenses that mandate sex offender registration in Illinois.