CHAPTER 3 GENERAL OFFENSES

ALCOHOLIC LIQUOR: Alcohol, spirits, wine and beer and every liquid containing alcohol, spirits, wine and beer which is capable of being consumed as a beverage by a human being.

ATTEMPT: A person commits an attempt when, with intent to commit a specific offense, he does any act which constitutes a substantial step toward the commission of that offense.

BODILY HARM: Physical harm which includes, but is not limited to, sexually transmitted disease, pregnancy and impotence.

CONSPIRACY: A person commits conspiracy when, within intent that an offense be committed, he agrees with another to the commission of that offense. No person may be convicted of conspiracy to commit an offense unless an act in furtherance of such an agreement is alleged and proved to have been committed by him or by a coconspirator.

GENDER: A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

LEGAL GUARDIAN: A person appointed guardian of the person, or given custody, of a minor by a Circuit Court of this State or any other state but does not include a person appointed guardian only of the estate of a minor, or appointed guardian, or given custody, of a minor under the Illinois Juvenile Court Act .

MINOR: Any person under the age of twenty one (21) years.

NONTECHNICAL AND TECHNICAL WORDS: Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

OWNER: As applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.

PARENT: The lawful father or mother of a minor child, whether by birth or adoption.

PEACE OFFICER: Any person who by virtue of his office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses.

PERSON: The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships, and bodies politic incorporate as well as to individuals.

SEXUAL CONDUCT: Any intentional or knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus or breast of the victim or the accused, or any part of the body of a child under thirteen (13) years of age, for the purpose of sexual gratification or arousal of the victim or the accused.

SEXUAL PENETRATION: Any contact, however slight, between the sex organ of one person and the sex organ, mouth or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.

SHALL: The word "shall" is mandatory.

SOLICITATION: A person commits solicitation when, within intent that an offense be committed, he commands, encourages or requests another to commit that offense.

VILLAGE: The village of Monee, Illinois. (Ord. 860, 4-12-1995; amd. Ord. 1222, 3-26-2003)

Notes

1	1. 705 ILCS 405/1-1 et seq.

5-3-2: ANIMALS AT LARGE ON PUBLIC HIGHWAYS:

No person or owner of livestock shall allow livestock to run at large. All owners of livestock shall provide the necessary restraints to prevent such livestock from so running at large. It shall be a defense to this section that reasonable care was used in restraining such animals from running at large. (Ord. 860, 4-12-1995)

5-3-3: OFFENSES AFFECTING OR INVOLVING CHILDREN:

A. Endangering Life Or Health Of Children: It shall be unlawful for any person having the care or custody of any child, wilfully to cause or permit the life of such child to be endangered, or the health of such child to be injured, or wilfully cause or permit such child to be placed in a situation that its life or health may be endangered.

B. Abandonment Of Refrigerators In Places Accessible To Children: Whoever abandons or discards in any place accessible to children any refrigerator, icebox or ice chest, of a capacity of one and one-half (11/2) cubic feet or more, which has an attached lid or door which may be opened or fastened shut by means of an attached latch, or who, being the owner, lessee, manager of such place, knowingly permits such abandonment of any discarded refrigerator, icebox or ice chest to remain there in such condition shall be guilty under this subsection.

C. Sale Of Certain Publications To Minors Prohibited: It shall be unlawful for any person to sell, lend, give away or show, or have in his possession with intent to sell or give away, or to show or advertise, or otherwise offer for loan, gift or distribution to any minor child, any book, pamphlet, magazine, newspaper, story paper or other printed paper devoted to the publication, or principally made up of criminal news, police reports, or accounts of criminal deeds, or pictures and stories of deeds of bloodshed, lust or crime.

D. Curfew:

1. Age And Hour Restrictions: It is unlawful for a person under the age of seventeen (17) years to be present at or upon any public assembly, building, place, street or highway at the following times unless accompanied and supervised by a parent, legal guardian or other responsible companion at least eighteen (18) years of age approved by a parent or legal guardian or unless engaged in a business or occupation in which the laws of this state authorize a person less than seventeen (17) years of age to perform:

Between 12:01 A.M. and 6:00 A.M. Saturday;

Between 12:01 A.M. and 6:00 A.M. Sunday; and

Between 11:00 P.M. on Sunday to Thursday, inclusive, and 6:00 A.M. on the following day.

2. Parental Responsibility: It is unlawful for a parent or legal guardian to knowingly permit a person in his custody or control to violate subsection D1 of this section.

3. Minors at Village Events.

a. No person under the age of eighteen (18) years of age shall be present or attend any Village event including but not limited to Monee Fall Fest, parades, and any event hosted by the Village and taking place on Village property unless accompanied by that minor’s parent or legal guardian.

b. The Village reserves the right to waive these limitations for an event and/or set allotted times that these restrictions may be in place. This determination shall be made by the Mayor, in conjunction with the Police Department. Public Safety shall be the paramount basis for implementation of any restrictions on event participants. If this ordinance is to be enforced as written , with no limitation for a given event and/or set allotted times, the Mayor shall post a notice indicating the same. This notice shall be posted no later than 48 hours prior to such event on the Village web site and such notice shall be displayed at the event. (Ord. 860, 4-12-1995; amd. Ord. 2064, 7-24-2024)

5-3-4: INDECENCY, OBSCENITY AND HARMFUL MATERIALS:

A. Public Indecency:

1. Any person of the age of seventeen (17) years and upwards, who performs any of the following acts in a public place commits a public indecency:

a. An act of "sexual penetration" or "sexual conduct" as defined in section 5-3-1 of this chapter; or

b. A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person.

2. "Public place", for purposes of this subsection, means any place where the conduct may reasonably be expected to be viewed by others.

B. Prostitution:

1. Defined: Any person who performs, offers or agrees to perform any act of "sexual penetration" as defined in section 5-3-1 of this chapter, for money, or any touching or fondling of the sex organs of one person by another person, for money or anything of value, for the purpose of sexual arousal or gratification commits an act of prostitution.

2. Soliciting For A Prostitute: Any person who performs any of the following acts commits soliciting for a prostitute:

a. Solicits another for the purpose of prostitution; or

b. Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or

c. Directs another to a place knowing such direction is for the purpose of prostitution.

3. Keeping A Place Of Prostitution: Any person who has or exercises control over the use of any place which could offer seclusion or shelter for the practice of prostitution who performs any of the following acts keeps a place of prostitution:

a. Knowingly grants or permits the use of such place for the purpose of prostitution; or

b. Grants or permits the use of such place under circumstances from which he could reasonably know that the place is used or is to be used for purposes of prostitution; or

c. Permits the continued use of a place after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of prostitution.

4. Pimping: Any person who receives money or other property from a prostitute, not for a lawful consideration, knowing it was earned in whole or in part from the practice of prostitution, commits pimping.

5. Juvenile Pimping:

a. Any person who receives money or other property from a prostitute under sixteen (16) years of age or from a prostitute who is an institutionalized severely or profoundly mentally retarded person, not for a lawful consideration, knowing it was earned in whole or in part from the practice of prostitution, commits juvenile pimping.

b. It is an affirmative defense to a charge of juvenile pimping that the accused reasonably believed the person was of the age of sixteen (16) years or over or was not an institutionalized severely or profoundly mentally retarded person at the time of the act giving rise to the charge.

C. Obscenity; Elements Of The Offense: A person commits obscenity when, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, he:

1. Sells, delivers or provides, or offers or agrees to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene; or

2. Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which makes it obscene; or

3. Publishes, exhibits or otherwise makes available anything obscene; or

4. Performs an obscene act or otherwise presents an obscene exhibition of his body for gain; or

5. Creates, buys, procures or possesses obscene matter or material with intent to disseminate it in violation of this subsection C, or of the penal laws or regulations of any other jurisdiction; or

6. Advertises or otherwise promotes the sale of material represented or held out by him to be obscene, whether or not it is obscene.

D. Harmful Materials:

1. Elements Of The Offense: A person who, with the knowledge that a person is a child, that is, a person under eighteen (18) years of age, who fails to exercise reasonable care in ascertaining the true age of a child, knowingly distributes to or sends or causes to be sent to, or exhibits to, or offers to distribute or exhibit any harmful material to a child, is guilty of this offense.

2. Definitions:

DISTRIBUTE: To transfer possession of, whether with or without consideration.

KNOWINGLY: As used in this subsection D, means having knowledge of the contents of the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents thereof.

MATERIAL: A. Material is harmful if, to the average person, applying contemporary standards, its predominant appeal, taken as a whole, is to prurient interest, that is a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits of candor in description or representation or such matters, and is material the redeeming social importance of which is substantially less than its prurient appeal.

B. "Material", as used in this subsection, means any writing, picture, record or other representation or embodiment.

3. Interpretation Of Evidence:

a. The predominant appeal to prurient interest of the material shall be judged with reference to average children of the same general age of the child to whom such material was offered, distributed, sent or exhibited, unless it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for specially susceptible groups, in which case the predominant appeal of the material shall be judged with reference to its intended or probable recipient group.

b. In prosecutions under this subsection D, where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate the material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the material and can justify the conclusion that the redeeming social importance of the material is in fact substantially less than its prurient appeal.

4. Affirmative Defenses:

a. Nothing in this subsection D shall prohibit any public library or any library operated by an accredited institution of higher education from circulating harmful material to any person under eighteen (18) years of age, providing such circulation is in aid of a legitimate scientific or educational purpose, and it shall be an affirmative defense in any prosecution of a violation of this subsection D that the act charged was committed in aid or legitimate scientific or educational purposes.

b. Nothing in this subsection D shall prohibit any parent from distributing to his child any harmful material.

c. Proof that the defendant demanded, was shown and acted in reliance upon any of the following documents as proof of the age of a child, shall be a defense to any criminal prosecution under this subsection D: a document issued by the federal government or any state, county or municipal government or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the federal selective service act or an identification card issued to a member of the armed forces.

5. Child Falsifying Age: Any person under eighteen (18) years of age who falsely states, either orally or in writing, that he is not under the age of eighteen (18) years, or who presents or offers to any person any evidence of age or identity which is false or not actually his own for the purpose of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view any harmful material shall likewise be guilty under this subsection D. (Ord. 860, 4-12-1995)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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