(A) A person of the age of 17 years and upwards commits the offense of indecent solicitation of a child if the person, with the intent that the offense of aggravated criminal sexual assault, criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed, knowingly solicits a child or one whom he or she believes to be a child to perform an act of sexual penetration or sexual conduct as defined in ILCS Ch. 720, Act 5, § 12-12.
(B) A person of the age of 17 years and upwards commits the offense of indecent solicitation of a child if the person knowingly discusses an act of sexual conduct or sexual penetration with a child or with one whom he or she believes to be a child by means of the Internet with the intent that the offense of aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed.
(C) It is not a defense to division (B) that the person did not solicit the child to perform sexual conduct or sexual penetration with the person.
(D) As used in this section:
CHILD means a person under 17 years of age.
INTERNET means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.
SEXUAL PENETRATION or SEXUAL CONDUCT are defined in ILCS Ch. 720, Act 5, § 12-12.
SOLICIT means to command, authorize, urge, incite, request, or advise another to perform an act by any means including, but not limited to, in person, over the phone, in writing, by computer, or by advertisement of any kind.
(E) Indecent solicitation of a child under division (A) is:
(1) A Class A misdemeanor when the act, if done, would be criminal sexual abuse;
(2) A Class 4 felony when the act, if done, would be criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse, and shall be prosecuted under appropriate state law.
(F) Indecent solicitation of a child under division (B) above is a Class 4 felony.
(ILCS Ch. 720, Act 5, § 11-6) Penalty, see § 130.99