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(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISTRIBUTE. To transfer possession of, whether with or without consideration.
HARMFUL TO MINORS. The quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse when, taken as a whole, it does the following:
(a) Predominately appeals to the prurient interest in sex of minors;
(b) Is patently offensive to prevailing standards in the adult community in the state as a whole with respect to what is suitable material for minors; and
(c) Lacks serious literary, artistic, political or scientific value for minors.
KNOWINGLY. Having knowledge of the contents of the subject matter or recklessly failing to exercise reasonable inspection which would have disclosed the contents.
MATERIAL.
(a) Any picture, photograph, drawing, sculpture, film, video game, computer game, video or similar visual depiction, including any such representation or image which is stored electronically; or
(b) Any book, magazine, printed matter however reproduced or recorded audio of any sort.
MINOR. Any person under the age of 18.
NUDITY. The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
SADO-MASOCHISTIC ABUSE. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one clothed for sexual gratification or stimulation.
SEXUAL CONDUCT. Acts of masturbation, sexual intercourse or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks or, if the person be a female, breast.
SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.
(B) A person is guilty of distributing harmful material to a minor when he or she does either of the following:
(1) Knowingly sells, lends, distributes, exhibits to, depicts to or gives away to a minor any of the following, knowing that the minor is under the age of 18 or failing to exercise reasonable care in ascertaining the person’s true age:
(a) Any material which depicts nudity, sexual conduct or sado-masochistic abuse, or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse, and which taken as a whole is harmful to minors;
(b) A motion picture, show or other presentation which depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors; or
(c) An admission ticket or pass to premises where there is exhibited or to be exhibited such a motion picture, show or other presentation.
(2) Admits a minor to premises where there is exhibited or to be exhibited such a motion picture, show or other presentation, knowing that the minor is a person under the age of 18 or failing to exercise reasonable care in ascertaining the person’s true age.
(C) In any prosecution arising under this section, it is an affirmative defense:
(1) The minor as to whom the offense is alleged to have been committed exhibited to the accused a draft card, driver’s license, birth certificate or other official or apparently official document purporting to establish that the minor was 18 years of age or older, which was relied upon by the accused;
(2) The defendant was in a parental or guardianship relationship with the minor or that the minor was accompanied by a parent or legal guardian;
(3) The defendant was a bona fide school, museum or public library, or was a person acting in the course of his or her employment as an employee or official of such organization or retail outlet affiliated with and serving the educational purpose of the organization;
(4) The act charged was committed in aid of legitimate scientific or educational purposes; or
(5) An advertisement of harmful material as defined in this section culminated in the sale or distribution of the harmful material to a child under circumstances where there was no personal confrontation of the child by the defendant, his or her employees, or agents, as where the order or request for the harmful material was transmitted by mail, telephone, internet or similar means of communication, and delivery of the harmful material to the child was by mail, freight, internet or similar means of transport, which advertisement contained the following statement, or a substantially similar statement, and that the defendant required the purchaser to certify that he or she was not under the age of 18 and that the purchaser falsely stated that he or she was not under the age of 18:
NOTICE: It is unlawful for any person under the age of 18 to purchase the matter advertised. Any person under the age of 18 that falsely states that he or she is not under the age of 18 for the purpose of obtaining the material advertised is guilty of a Class B misdemeanor under the laws of the state. |
(D) 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 the material was sold, lent, distributed or given, unless it appears from the nature of the matter or the circumstances of its dissemination or distribution 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.
(E) Distribution of harmful material in violation of this section is a Class A misdemeanor.
(F) Any person under the age of 18 who falsely states, either orally or in writing, that he or she is not under the age of 18, or who presents or offers to any person any evidence of age and identity that is false or not actually his or her own with the intent of ordering, obtaining, viewing or otherwise procuring or attempting to procure or view any harmful material is guilty of a Class B misdemeanor.
(G) A person over the age of 18 who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes to or sends, or causes to be sent, or exhibits to, or offers to distribute, or exhibits any harmful material to a person that he or she believes is a minor is guilty of a Class A misdemeanor.
(H) Telecommunications carriers, commercial mobile service providers and providers of information services, including, but not limited to, internet service providers and hosting service providers, are not liable under this section, except for willful and wanton misconduct, by virtue of the transmission, storage or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services or information services used by others in violation of this section.
(720 ILCS 5/11-21) (Prior Code, § 134.03) Penalty, see § 134.99
Statutory reference:
Distribution of harmful material, second or subsequent offense, a Class 4 felony, see 720 ILCS 5/11-21(e)
Use of a computer web camera, cellular telephone, or any other type of device to manufacture the harmful material, a Class 4 felony, see 720 ILCS 5/11-21(g)
(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
CANNABIS. Marijuana, hashish and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, “cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake or the sterilized seed of the plant that is incapable of germination. CANNABIS does not include industrial hemp as defined and authorized under the Industrial Hemp Act. CANNABIS also means concentrate and cannabis-infused products.
CONTROLLED SUBSTANCE. Shall have the meaning ascribed to it in the State Controlled Substances Act, being 720 ILCS 570/102, as amended.
DRUG PARAPHERNALIA. All equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined the Methamphetamine Control and Community Protection Act (720 ILCS 646/1 et seq.), which are intended to be used unlawfully in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the State Controlled Substances Act or the Methamphetamine Control and Community Protection Act. DRUG PARAPHERNALIA includes, but is not limited to:
(a) Kits intended to be used in manufacturing, compounding, converting, producing, processing or preparing a controlled substance;
(b) Isomerization devices intended to be used in increasing the potency of any species of plant which is a controlled substance;
(c) Testing equipment intended to be used in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
(d) Dilutents and adulterants intended to be used unlawfully by private persons;
(e) Objects intended to be used in ingesting, inhaling or otherwise introducing controlled substances into the human body, including, where applicable, the following:
1. Water pipes;
2. Carburetion tubes and devices;
3. Smoking and carburetion masks;
4. Miniature cocaine spoons and cocaine vials;
5. Carburetor pipes;
6. Electric pipes;
7. Air-driven pipes;
8. Chillums;
9. Bongs; and
10. Ice pipes or chillers.
(f) Any item whose purpose, as announced or described, is for use in violation of this section.
(B) Prohibitions.
(1) Possession of cannabis. It shall be unlawful and a violation of this code of ordinances for any person to possess cannabis in violation of any provision of the Illinois Compiled Statutes.
(2) Possession of drug paraphernalia. It is unlawful for any persons to knowingly possess an item of drug paraphernalia with intent to use it in ingesting, inhaling or otherwise introducing a controlled substance into the human body, or in preparing a controlled substance for that use.
(Prior Code, § 134.04) (Ord. 532, passed 8-14-1978; Ord. 541, passed 9-10-1979; Ord. 10-102, passed 3-15-2010; Ord. 21-127, passed - -2021) Penalty, see § 134.99
(A) Possession of alcohol by minor. It shall be unlawful for any person under the age of 21 years to have in his or her possession any alcoholic beverage within the village limits; except that, the dispensing and/or possession or consumption by such person of alcoholic beverages in the performance of a religious service or ceremony, or the consumption under the direct supervision and approval of a parent or guardian of such person for such purpose, in the privacy of a home, is not prohibited by this section.
(B) Consumption of alcohol by minor. It shall be unlawful for any person under the age of 21 years to consume any alcoholic beverage within the village limits; except that, the dispensing and/or possession or consumption by such person of alcoholic beverages in the performance of a religious service or ceremony, or the consumption under the direct supervision and approval of a parent or guardian of such person for such purpose, in the privacy of a home, is not prohibited by this section.
(C) Presence on premises where minors are possessing or consuming alcoholic beverages. It shall be unlawful for any person to knowingly enter and remain in any house, building, yard or other premises licensed to sell alcoholic liquor, under circumstances where the person knows or reasonably should know that alcoholic liquor is being illegally possessed or consumed by persons under the age of 21 years.
(D) Knowingly permit. It is unlawful for a parent, legal guardian or other person to knowingly permit a person under the age of 18 years old in his or her custody to violate the provisions of division (A) above.
(Ord. 11-104, passed 6-6-2011) Penalty, see § 134.99
(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
MINOR. A person under the age of 18 years of age or a greater age as may be imposed by the state as it relates to the sale and use of tobacco products by minors.
TOBACCO PRODUCTS. Includes any substance containing tobacco leaf, or any product that is made from or derived from tobacco, and is intended for human consumption or is likely to be consumer, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus or an electronic smoking device. The term includes any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes or liquids used in electronic smoking devices, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco. TOBACCO PRODUCT does not include drugs, devices or combination products authorized for sale by the United States Food and Drug Administration as a tobacco cessation product, or as a tobacco dependence product or for other medicinal purposes.
ELECTRONIC CIGARETTE. A device which simulate tobacco or other smoking. It uses a heating device or other mechanism that vaporizes a liquid solution. An ELECTRONIC CIGARETTE includes devices known as personal vaporizer or electronic nicotine delivery system, but ELECTRONIC CIGARETTE does not include drugs, devices or combination products authorized for sale by the United States Food and Drug Administration as a tobacco cessation product, or as a tobacco dependent product or for other medicinal purposes.
ELECTRONIC CIGARETTE PRODUCT. A product designed or intended for use with an electronic cigarette, such as atomizers, cartomizers, batteries, bottles or vaporizing liquid (e-juice).
ALTERNATIVE NICOTINE PRODUCT. A product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing or by any other means. This does not include tobacco products as that terms if defined in this section or any product approved by the United States Food and Drug Administration as a nontobacco product for sale as a tobacco cessation product, or as a tobacco dependence product or for other medicinal purposes.
(B) Sale or delivery of tobacco or electronic cigarette products to minors. It shall be unlawful for any person to sell, offer for sale, give away or deliver any tobacco product, electronic cigarette, electronic cigarette product or alternative nicotine product to a minor. If any person suspects that a minor is attempting to purchase or obtain any tobacco product, electronic cigarette, electronic cigarette product or alternative nicotine product, such person shall request and examine identification from the purchaser or acquirer and positively establish the purchaser’s or acquirer’s age allowing the purchase or delivery of such products to occur.
(C) Purchase of tobacco or electronic cigarette products by minors. It shall be unlawful for a minor to purchase any tobacco product, electronic cigarette, electronic cigarette product or alternative nicotine product, or for a minor to misrepresent his or her identity or age, or to use any false or altered identification for the purpose of purchasing tobacco products, electronic cigarette electronic cigarette product or alternative nicotine product.
(D) Possession or consumption of tobacco or electronic cigarette products by minors.
(1) It shall be unlawful for a minor to possess or consume in any manner or form any tobacco product, electronic cigarette, electronic cigarette product or alternative nicotine product.
(2) Possession of any tobacco product, electronic cigarette, electronic cigarette product or alternative nicotine product by a minor is not an offense if the minor was in possession of an unopened container or containers of such products while performing his or her specified duties at a lawful place of employment.
(3) The prevision of division (B) above and this division (D) of this section do not apply to a minor who is under the direct and immediate supervision of his or her parent or legal guardian in the privacy and confines of the parent’s or legal guardian’s residence.
(E) Seizure. A law enforcement officer shall seize any tobacco product, electronic cigarette, electronic cigarette product or alternative nicotine product or products involved in any violation of this section committed in his or her presence.
(G) Violation. Any person violating any provision of this section shall be fined in accordance with the general penalty provisions of this code for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 01-1033, passed 1-23-2001; Ord. 08-1483, passed 6-24-2008; Ord. 11-104, passed 6-6-2011; Ord. 19-103, passed 3-4-2019) Penalty, see § 134.99
(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
A PRODUCT CONTAINING A SYNTHETIC ALTERNATIVE DRUG. Any product containing a synthetic cannabinoid, stimulant or psychedelic/hallucinogen, as those terms are defined herein such as, but not limited to, the examples of brand names or identifiers listed on Exhibit “A,” attached to the ordinance codified herein and incorporated herein.
SYNTHETIC CANNABINOID. Any laboratory-created compound that functions similar to the active ingredient in marijuana, tetrahydrocannabinol (THC),including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including isomer, esters, ethers, salts and salts of isomers) containing a cannabinoid receptor agonist, such as, but not limited to, the examples of brand names or identifiers listed on Exhibit “A,” attached to the ordinance codified herein and incorporated herein.
SYNTHETIC STIMULANT. Any compound that mimics the effects of any federally controlled Schedule I substance such as cathinone, methcathinone, MDMA and MDEA, including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including salts, isomers and salts of isomers) containing substances which have a stimulant effect on the central nervous system, such as, but not limited to, the examples of brand names or identifiers listed on Exhibit “A,” attached to the ordinance codified herein and incorporated herein.
SYNTHETIC PSYCHEDELIC/HALLUCINOGEN. Any compound that mimics the effects of any federally controlled Schedule I substance, including but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog, (including salts, isomers, esters, ethers and salts of isomers) containing substances which have a psychedelic/ hallucinogenic effect on the central nervous system and/or brain, such as, but not limited to, the examples of brand names or identifiers listed on Exhibit “A,” attached to the ordinances codified herein and incorporated herein.
(B) Sale or delivery. It shall be unlawful for any person to sell, offer for sale or deliver any product containing a synthetic cannabinoid, a synthetic stimulant or a synthetic psychedelic/hallucinogen.
(C) Possession. It shall be unlawful for any person to knowingly possess a product containing a synthetic cannabinoid, a synthetic stimulant or a synthetic psychedelic/hallucinogen.
(D) Use. It shall be unlawful for any person to be under the influence of a synthetic cannabinoid, a synthetic stimulant or a synthetic psychedelic/hallucinogen.
(Ord. 12-101, passed 3-5-2012) Penalty, see § 134.99
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