IllinoisHB2690104th General Assembly (2025–2026)HouseWALLET

CHILD SEXUAL ABUSE MATERIAL

Sponsored By: Sponsor information unavailable

Signed by Governor

Summary

Amends the Criminal Code of 2012. Changes the statute of limitations for grooming to provide that when the victim is under 17 years of age at the time of the offense, a prosecution for grooming may be commenced within 10 years after the victim or the person with a disability attains 17 years of age. Changes the name of the offense of child pornography to child sexual abuse material. Deletes references to criminal transmission of HIV in various statutes. In the Sex Offenses Article of the Criminal Code of 2012, provides a definition for "unable to give knowing consent" and changes the definition of "family member" to include a sibling and an accused who has resided in the household for at least 3 (rather than 6) months. Provides that a person commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person knowingly entices, coerces, or persuades a child to participate in the production of the recording or memorializing a sexual act of persons ages 18 or older. Provides that a violation of this provision of sexual exploitation of a child is a Class 4 felony. Provides that a defendant, in order to commit grooming, must be 5 years or more older than the groomed child, or hold a position of trust, authority, or supervision in relation to the child at the time of the offense. Amends the Code of Criminal Procedure of 1963. Provides that the court may set any conditions it finds just and appropriate on the taking of testimony of a victim or witness who is under 18 years of age or an intellectually disabled person or a person affected by a developmental disability (rather than a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability) involving the use of a facility dog in any criminal proceeding. Makes other changes concerning the admissibility of evidence in cases involving involuntary servitude, involuntary sexual servitude of a minor, and trafficking in persons. Amends various Acts to change references from "child pornography" to "child sexual abuse material".

judiciary - criminalassignmentscriminal law

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Bill Overview

Analyzed Economic Effects

9 provisions identified: 4 benefits, 3 costs, 2 mixed.

Broader grooming rules protect children

Grooming covers knowing electronic, in-person, third-party, or written conduct involving children under 17, their guardians, or people believed to be either. The accused must be at least 5 years older or hold trust, authority, or supervision over the child. Covered solicitation includes sex offenses, unlawful sexual conduct, and distributing photos of the child’s sex organs. A pattern means 2 or more acts intended to entice unlawful sexual conduct for sexual gratification or arousal; legitimate education under School Code Section 27-9.1a is excluded. Grooming remains a Class 4 felony, and prosecution can begin within 10 years after the victim turns 17.

More grounds for longer criminal sentences

Courts may consider a longer, extended-term sentence when someone knowingly records their felony and intends to share the recording. Qualifying prior child sexual abuse material convictions from Illinois or another state also support extended terms in specified cases involving victims under 13. Courts may weigh specified child sexual abuse material convictions more heavily when a child is involved in, solicited for, depicted in, or posed in sexual penetration. This also applies when the child is bound, fettered, or subjected to sadistic, masochistic, or sadomasochistic abuse in a sexual context.

Fewer court charges for minors and families

Courts cannot impose fines or assessments authorized by Section 10-5 on minors covered by Juvenile Court Act Articles III, IV, or V. This also covers people under 18 transferred to adult court or excluded from juvenile court under Article V. Parents, guardians, and legal custodians receive the same protection. Traffic violations are excluded.

Clearer consent protections in sexual-offense cases

A person cannot give knowing consent when asleep, unconscious, or unaware of the act and unable to agree knowingly and voluntarily. The law also infers inability to consent in specified corrections custody or supervision, child-welfare residential care, treatment, residential-facility, and police-custody situations. That inference depends on the accused person’s role, knowledge, and marital status; custody or care alone does not establish it.

Longer access to child abuse prosecutions

Prosecutors face no filing deadline for the child sexual abuse material offense in Section 11-20.1(a)(1). A separate rule in Section 3-6(d) allows covered child sexual abuse material cases within one year after the victim turns 18. That separate deadline cannot fall sooner than 3 years after the offense.

More witnesses can use facility dogs

Courts may allow victims or witnesses under 18 to testify with a facility dog in any criminal proceeding. People with intellectual or developmental disabilities are also eligible. The option is no longer limited to victims or specified offenses. Courts consider the person’s age, the parties’ rights, and other relevant factors, and may set appropriate conditions.

Felony penalties for involving child recorders

Sexual exploitation includes knowingly enticing, coercing, or persuading a child under 17 to help record or otherwise document a sexual act. The act must involve people age 18 or older. This conduct is a Class 4 felony.

Broader family definition in criminal cases

The relevant criminal-law definition of family member includes siblings. It also includes an accused person who lived continuously with a child under 18 for at least 3 months. This broadens when rules based on a family relationship apply.

Changed evidence rules in trafficking trials

Limits on evidence about victims’ or corroborating witnesses’ sexual history now cover involuntary servitude, involuntary sexual servitude of minors, and trafficking. Exceptions remain subject to a private court hearing, relevance, and a finding that the evidence’s value outweighs unfair prejudice. Those prosecutions also fall under rules allowing evidence of a defendant’s other listed offenses, subject to evidence rules. Prosecutors must disclose that evidence a reasonable time before trial unless the court excuses advance notice for good cause. Criminal transmission of HIV is removed from both lists, and the other-offense rule uses the term child sexual abuse material.

Sponsors & Cosponsors

Cosponsors

Amy Briel
Democratic • House
Amy Elik
Republican • House
Camille Y. Lilly
Democratic • House
Cristina Castro
Democratic • Senate
Dale Fowler
Republican • Senate
Darby A. Hills
Republican • Senate
Edgar González, Jr.
Democratic • House
Elizabeth "Lisa" Hernandez
Democratic • House
Erica Harriss
Republican • Senate
Hoan Huynh
Democratic • House
John F. Curran
Republican • Senate
Justin Slaughter
Democratic • House
Mary Beth Canty
Democratic • House
Michael Crawford
Democratic • House
Nicolle Grasse
Democratic • House
Sally J. Turner
Republican • Senate
Terri Bryant
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 327 • No: 0

House vote • 5/30/2025

Senate Committee Amendment No. 1 House Concurs

Yes: 114 • No: 0

House vote • 5/29/2025

Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Criminal Committee;

Yes: 15 • No: 0

Senate vote • 5/21/2025

Third Reading - Passed;

Yes: 58 • No: 0

Senate vote • 5/7/2025

Do Pass as Amended Criminal Law;

Yes: 9 • No: 0

House vote • 4/8/2025

Third Reading - Short Debate - Passed

Yes: 111 • No: 0

House vote • 4/7/2025

House Floor Amendment No. 2 Recommends Be Adopted Rules Committee;

Yes: 5 • No: 0

House vote • 3/20/2025

Do Pass as Amended / Short Debate Judiciary - Criminal Committee;