Illinois Bar Journal


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Articles on Sex Offenders

Scaring sexters straight By Janan Hanna July 2014 LawPulse, Page 314 While felony child pornography charges remain a possibility in appropriate cases, most sexting incidents are best handled less aggressively, experts agree.
Child sex offenders banned from participation in some holiday celebrations. PA 097-0699 May 2013 Illinois Law Update, Page 228 Lawmakers have updated the Criminal Code of 1961 to add additional limitations to the activities of convicted child sex offenders in Illinois.
Child Sexual Abuse by Clergy: Statute of Limitations and Repose Challenges By Christopher T. Hurley and Mark R. McKenna November 2012 Article, Page 608 A recent appellate court decision holds that a Catholic diocese's fraudulent concealment of abuse tolls the statutes of limitation and repose, allowing a middle-aged victim to recover.
Photos of sex with a 17-year-old are illegal even though underlying sex acts are not By Adam W. Lasker August 2012 LawPulse, Page 398 The Illinois Supreme Court finds the state has a rational basis for outlawing photos of a 17-year-old's sex acts, though the underlying sex acts were consensual and thus lawful.
Bill would eliminate time limits on child-molestation prosecutions By Adam W. Lasker July 2012 LawPulse, Page 346 A legislative proposal would remove the statute of limitation for prosecuting sex crimes against minors, but both prosecutors and criminal defense lawyers have misgivings.
Protection against harassment for the victims of sex crimes. PA 097-0468 June 2012 Illinois Law Update, Page 292 Illinois lawmakers have amended the Criminal Code of 1961 to protect victims of sex crimes and their family members from harassment (720 ILCS 5/12-7.4).
New registration requirements for sex offenders. PA 097-0578 January 2012 Illinois Law Update, Page 16 Illinois lawmakers have amended the Sex Offender Registration Act to introduce new retroactive registration requirements for sex offenders and sexual predators. 730 ILCS 150/2 et seq.
DCFS may not employ sexually dangerous persons. PA 097-0103 October 2011 Illinois Law Update, Page 496 The Children and Family Services Act has been amended to prohibit the Department of Children and Family Services from employing sexually dangerous persons.
School districts must provide criminal record information upon request. PA 097-0248 October 2011 Illinois Law Update, Page 496 Illinois lawmakers have amended the School Code to require school districts to provide certain criminal record check results and Statewide Sex Offender Database check results that it obtained within the past year upon request. (105 ILCS 5/10-21.9, 5/34-18.5)
Sex offender registration changes: not worth the cost? By Helen W. Gunnarsson October 2011 LawPulse, Page 490 Failing to implement legislation bringing Illinois into compliance with the federal Adam Walsh act is costing the state federal grant funds. But would enacting the law cost even more?
Licensed health care workers now subject to actions concerning sex crimes. PA 097-0156. September 2011 Illinois Law Update, Page 440 The Department of Professional Regulation Law of the Civil Administrative Code of Illinois has been amended to establish health care worker licensure actions relating to sex crimes (20 ILCS 2105/2105-165 new).
Sexual exploitation punishable when committed in virtual presence of person believed to be child. PA 096-1090 February 2011 Illinois Law Update, Page 72 The Criminal Code of 1961 is amended by Illinois lawmakers to incorporate virtual presence into possible means of committing the sexual exploitation of children. 720 ILCS 5/11-9.1.
Heightened penalties for public indecency, sexual exploitation of child if committed near school grounds. PA 096-1098 January 2011 Illinois Law Update, Page 16 Under the newly amended Criminal Code of 1961, it is now a Class 4 felony for a person 18 years of age or older to commit public indecency or sexual exploitation of a child within 500 feet of elementary or secondary school grounds when children are present. (720 ILCS 5/11-9; 720 ILCS 5/11-9.1)
The Illinois Predator Accountability Act: A Sleeping Giant By Christopher P. Keleher November 2010 Article, Page 582 The Illinois Predator Accountability Act of 2006 allows victims of sexual exploitation to sue pimps, brothels, and customers. Learn about the law's potential and pitfalls.
Stiffer monitoring of sex offender information. PA 096-1104 October 2010 Illinois Law Update, Page 508 While sex offenders have previously been required to report accurate information about their place of residence and employment, Illinois lawmakers have added required elements of identification to the list. (730 ILCS 150/3).
Stricter monitoring of sex offenders travel. PA 096-1102 October 2010 Illinois Law Update, Page 508 Illinois lawmakers have acted to further monitor the movements and location of sex offenders in Illinois. (730 ILCS 150/3).
2010 Spring Session Roundup By Jim Covington August 2010 Column, Page 404 A summary of key Illinois legislation passed this spring.
Sexting: It’s No Joke, It’s a Crime By Joshua D. Herman April 2010 Article, Page 192 A look at the high-stakes legal issues raised by adolescent "sexting" and their implications for counsel to teens, parents, and schools.
Illinois adopts new rules governing rehabilitation of juvenile sex offenders December 2009 Illinois Law Update, Page 604 The Sex Offender Management Board adopted new sections regulating the treatment and rehabilitation of convicted juvenile sex offenders.  
Sex offenders banned from using social networking Web sites. PA 096-0262 December 2009 Illinois Law Update, Page 604 Illinois lawmakers recently added new language to the Criminal Code of 1961 to prohibit convicted sex offenders from using social networking Web sites.
No after-the-fact extension of statute of limitations By Helen W. Gunnarsson November 2009 LawPulse, Page 546 The legislature can't revive a time-barred lawsuit by later extending the statute of limitations, the illinois Supreme Court holds.
Juveniles can be required to register as sex offenders By Helen W. Gunnarsson July 2009 LawPulse, Page 330 The supreme court held that registration is not punishment and that juveniles can be required to register even though they aren’t entitled to a jury trial on the charges.
Polygraph Exams in Sex-Offense Cases By Kerry J. Bryson October 2008 Article, Page 528 Despite doubts about their reliability, polygraph exams are required in sex-offense cases. This article discusses the law.
Sex Offender Community Notification Law amended. PA 095-0817 October 2008 Illinois Law Update, Page 504 On August 14, 2008, the Sex Offender Community Notification Law was amended by adding Section 116 titled "Missing Sex Offender Database." 730 ILCS 152/116.
Duration of registration for Sex Offenders and Violent Offenders against Youth amended. PA 095-0169 February 2008 Illinois Law Update, Page 72 The Illinois General Assembly mandates that the Illinois State Police maintain a statewide Sex Offender Database (730 ILCS 152/115 (a)-(b)) and Child Murderer and Violent Offender Against Youth Database ((730 ILCS 154/85 (a)-(b)). 
“Sex Offenders” but No Sex Crime? By Marion Buckley and J. Michael True September 2007 Article, Page 482 Under the original law, some people who didn't commit sex crimes had to register as "sex offenders." The legislature addressed the issue last year with a new law that creates its own problems.
New statute of limitations rules for Predator Accountability Act - PA 094-998 February 2007 Illinois Law Update, Page 72 The Illinois General Assembly has created a new statute of limitations for the Predator Accountability Act. 735 ILCS 5/13-225. 
Loss of custody and visitation rights for sex offenders -PA 094-0928 November 2006 Illinois Law Update, Page 584 The Illinois General Assembly has created a new section to the Illinois Parentage Act in an effort to protect families who have been victims of sexual crimes. 750 ILCS 45/6.5. 
Department of Corrections to evaluate and treat sex offenders PA 094-0706 May 2006 Illinois Law Update, Page 230 Section 19 of the Sex Offender Management Board Act, 20 ILCS 4026/19
Mental disorder defined regarding acts of sexual violence PA 094-705 March 2006 Illinois Law Update, Page 118 Effective June 1, 2006, the Illinois General Assembly has added section 4.03 to the Sexually Dangerous Persons Act, 750 ILCS 205/4.03, in order to recognize those with mental disorders.