(A) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this division, except where the context clearly indicates a different meaning:
(1) CHILD SEX OFFENDER. Any person who:
(a) Has been charged under Illinois law, the Illinois Code of Criminal Procedure of 1963, or any substantially similar federal law or the law of another state, with a sex offense set forth in this section or the attempt to commit an included sex offense, and:
1. Is convicted of such offense or an attempt to commit such offense;
2. Is found not guilty by reason of insanity of such offense or an attempt to commit such offense;
3. Is found not guilty by reason of insanity pursuant to ILCS Ch. 725, Act 5, § 104-5(c) of such offense or an attempt to commit such offense;
4. Is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to ILCS Ch. 725, Act 5, § 104-25(a) for the alleged commission or attempted commission of such offense;
5. Is found not guilty by reason of insanity following a hearing conducted pursuant to a federal law or the law of another state substantially similar to ILCS Ch. 725, Act 5, § 104-25(c) of such offense or of the attempted commission of such offense; or
6. Is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to a federal law or the law of another state substantially similar to ILCS Ch. 725, Act 5, § 104-25(a) for the alleged violation or attempted commission of such offense; or
(b) Is certified as a sexually dangerous person pursuant to the Illinois Sexually Dangerous Persons Act, ILCS Ch. 725, Act 205, §§ 0.01 et seq., or any substantially similar federal law or the law of another state, when any conduct giving rise to such certification is committed or attempted against a person less than 18 years of age;
(c) Is subject to the provisions of the Interstate Agreements on Sexually Dangerous Persons Act, ILCS Ch. 45, Act 20, § 2. Convictions that result from or are connected with the same act, or result from offenses committed at the same time, shall be counted for the purpose of this section as one conviction. Any conviction set aside pursuant to law is not a conviction for purposes of this section.
(2) EXTRATERRITORIAL CONVICTIONS. A conviction for an offense of federal law or the law of another state that is substantially equivalent to any offense listed in division (A)(4)(a) and (A)(5)(a) shall constitute a conviction for the purpose of this section. A finding or adjudication as a sexually dangerous person under any federal law or the law of another state that is substantially equivalent to the Sexually Dangerous Persons Act, ILCS Ch. 725, Act 205, §§ 0.01 et seq., shall constitute an adjudication for the purposes of this section.
(3) LOITER. Standing, sitting idly, whether or not the person is in a vehicle or remaining in or around public park property; or standing, sitting idly, whether or not the person is in a vehicle or remaining in or around public park property, for the purpose of committing or attempting to commit a sex offense.
(4) SEX OFFENSE.
(a) A violation of any of the following sections of the Illinois Criminal Code of 1961, ILCS Ch. 720, Act 5, §§ 1-6 et seq.: ILCS Ch. 720, Act 5, § 10-7, aiding and abetting child abduction under ILCS Ch. 720, Act 5, § 10-5(b)(10); ILCS Ch. 720, Act 5, § 10-5(b)(10), child luring; ILCS Ch. 720, Act 5, § 11-6, indecent solicitation of a child; ILCS Ch. 720, Act 5, § 11-6.5, indecent solicitation of an adult; ILCS Ch. 720, Act 5, § 11-9, public indecency when committed in a school, on the real property comprising a school, on a conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity, or in a public park; ILCS Ch. 720, Act 5, § 11-9.1, sexual exploitation of a child; ILCS Ch. 720, Act 5, § 11-15.1, soliciting for a juvenile prostitute; ILCS Ch. 720, Act 5, § 11-17.1, keeping a place of juvenile prostitution; ILCS Ch. 720, Act 5, § 11-18.1, patronizing a juvenile prostitute; ILCS Ch. 720, Act 5, § 11-19.1, juvenile pimping; ILCS Ch. 720, Act 5, § 11-19.2, exploitation of a child; ILCS Ch. 720, Act 5, § 11-20.1, child pornography; ILCS Ch. 720, Act 5, § 11-21, harmful material; ILCS Ch. 720, Act 5, § 12-14.1, predatory criminal sexual assault of a child; ILCS Ch. 720, Act 5, § 12-33, ritualized abuse of a child; ILCS Ch. 720, Act 5, § 11-20, obscenity; when that offense was committed in any school, on real property comprising any school, on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity, or in a public park. This includes an attempt to commit any of these offenses.
(b) A violation of any of the following sections of the Criminal Code of 1961, ILCS Ch. 720, Act 5, §§ 1-6 et seq., when the victim is a person under 18 years of age: ILCS Ch. 720, Act 5, § 12-13, criminal sexual assault; ILCS Ch. 720, Act 5, § 12-14, aggravated criminal sexual assault; ILCS Ch. 720, Act 5, § 12-15, criminal sexual abuse; ILCS Ch. 720, Act 5, § 12-16, aggravated criminal sexual abuse, or an attempt to commit any of these offenses.
(c) A violation of any of the following sections of the Criminal Code of 1961, ILCS Ch. 720, Act 5, §§ 1-6 et seq., when the victim is a person under 18 years of age and the defendant is not a parent of the victim; ILCS Ch. 720, Act 5, § 10-1, kidnaping; ILCS Ch. 720, Act 5, § 10-2, aggravated kidnaping; ILCS Ch. 720, Act 5, § 10-3, unlawful restraint; ILCS Ch. 720, Act 5, § 10-3.1, aggravated unlawful restraint, or an attempt to commit any of these offenses.
(d) A violation of any former law of this state substantially equivalent to any offense listed above.
(5) SEX OFFENSE (for purposes of division (D) of this section).
(a) A violation of any of the following sections of the Criminal Code of 1961: ILCS Ch. 720, Act 5, § 10-5(b)(10) (child luring); ILCS Ch. 720, Act 5, § 10-7 (aiding and abetting child abduction under ILCS Ch. 720, Act 5, § 10-5(b)(10)); ILCS Ch. 720, Act 5, § 11-6 (indecent solicitation of a child); ILCS Ch. 720, Act 5, § 11-6.5 (indecent solicitation of an adult); ILCS Ch. 720, Act 5, § 11-15.1 (soliciting for a juvenile prostitute); ILCS Ch. 720, Act 5, § 11-17.1 (keeping a place of juvenile prostitution); ILCS Ch. 720, Act 5, § 11-18.1 (patronizing a juvenile prostitute); ILCS Ch. 720, Act 5, § 11-19.1 (juvenile pimping); ILCS Ch. 720, Act 5, § 11-19.2 (exploitation of a child); ILCS Ch. 720, Act 5, § 11-20.1 (child pornography); ILCS Ch. 720, Act 5, § 12-14.1 (predatory criminal sexual assault of a child); or ILCS Ch. 720, Act 5, § 12-33 (ritualized abuse of a child). An attempt to commit any of these offenses.
(b) A violation of any of the following sections of the Criminal Code of 1961, when the victim is a person under 18 years of age: ILCS Ch. 720, Act 5, § 12-13 (criminal sexual assault); ILCS Ch. 720, Act 5, § 12-14 (aggravated criminal sexual assault); ILCS Ch. 720, Act 5, § 12-16 (aggravated criminal sexual abuse); and ILCS Ch. 720, Act 5, § 12-15(a) (criminal sexual abuse). An attempt to commit any of these offenses.
(c) A violation of any of the following sections of the Criminal Code of 1961, when the victim is a person under 18 years of age and the defendant is not a parent of the victim: ILCS Ch. 720, Act 5, § 10-1 (kidnaping); ILCS Ch. 720, Act 5, § 10-2 (aggravated kidnaping); ILCS Ch. 720, Act 5, § 10-3 (unlawful restraint); and ILCS Ch. 720, Act 5, § 10-3.1 (aggravated unlawful restraint). An attempt to commit any of these offenses.
(d) A violation of any former law of this state substantially equivalent to any offense listed above.
(6) VILLAGE PARK All parks and associated buildings on real property comprising any public park, playgrounds, forest preserves or conservation areas under the jurisdiction of the state or a unit of local government and within the corporate limits of the village as of the effective date of this section.
(B) Prohibition of sex offenders in village parks. It is unlawful for a child sex offender to knowingly be within 500 feet of any village park when persons under the age of 18 are present in the village park, and to approach, contact or communicate with a person under 18 years of age, unless the child sex offender is a parent or guardian of a person under 18 years of age present in the village park.
(C) Loitering near village parks. It is unlawful for a child sex offender to knowingly loiter on a public way within 500 feet of a village park while persons under the age of 18 are present in the village park, and to approach, contact or communicate with a person under 18 years of age, unless the child sex offender is a parent or guardian of a person under 18 years of age present in the village park.
(D) Residing near village parks. It is unlawful for a child sex offender to knowingly reside within 500 feet of a village park or a facility providing programs or services exclusively directed toward persons under 18 years of age. Nothing in this section prohibits a child sex offender from residing within 500 feet of a village park if the property is owned by the child sex offender and was purchased before the effective date of this section.
(E) Residing near child sex victims. It is unlawful for a child sex offender to knowingly reside within 500 feet of the victim of his or her sex offense. Nothing in this section prohibits a child sex offender from residing within 500 feet of the victim if the property in which the child sex offender resides is owned by the child sex offender and was purchased before the effective date of this section. However, this section does not apply if the victim of the sex offense is 21 years of age or older.
(F) Penalties. Any person found to have violated any provision of this section shall be subject to a fine not less than $100, nor more than $750 for each violation, in addition to other costs associated with the violation. A violation of any provision of this section shall constitute a separate offense for each day such violation continues. The imposition of any penalties prescribed under this section neither limit nor prohibit any other civil, criminal, or quasi-criminal, legal or equitable remedies available to the village for activities that constitute a violation of this section.
(Ord. 7-8, passed 1-24-07)