Publications

Articles on Sex Offenders

From the Discussions - Can a sex offender return home after prison if he lives near a park?

May
2017
Article
Page 41
Q. A soon-to-be released sex offender wants to return to his home, which is near a park. Do sex-offender residency restrictions allow that?

Sex offender evaluation and treatment procedures updated to national standards

March
2017
Illinois Law Update
Page 28
The Sex Offender Management Board adopted new regulations covering the evaluation and treatment of adult 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. 

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