IllinoisHB2690104th General Assembly (2025–2026)HouseWALLET

CHILD SEXUAL ABUSE MATERIAL

Sponsored By: Mary Beth Canty (Democratic)

Became Law

judiciary - criminalassignmentscriminal law

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Bill Overview

Analyzed Economic Effects

22 provisions identified: 8 benefits, 10 costs, 4 mixed.

No probation for child sexual image crimes

Courts cannot give probation, periodic imprisonment, or conditional discharge for the listed child sexual‑image crimes. The court must impose at least the minimum prison term and may add fines or restitution. If the victim is a family or household member in the specified offense, probation is also barred and prison is required.

Stricter location and ID rules for offenders

Starting January 1, 2023, the 500‑foot rule is measured from the edge of a school or park property to the edge of an offender’s home or loitering spot. Violations are a Class 4 felony. Registered child sex offenders face bans on being in schools or parks when minors are present, strict loitering and residency limits, and other activity bans, with narrow exceptions and some grandfathering. People convicted of listed sex offenses must renew driver’s licenses every year under rules set by the Secretary of State.

More services and funds for sexual-assault victims

The state runs a Sexual Assault Services Fund. Money from court assessments goes to the Health Department, which gives grants to local sexual‑assault groups. Starting July 1, 2006, the part of any fine over $10,000 for listed child sexual‑abuse‑material crimes goes to the Child Abuse Prevention Fund to pay for victim counseling and treatment. DCFS must provide counseling, treatment, and help for sexually abused and exploited children and their families, and train caregivers.

More time to prosecute child sex crimes

There is no time limit to file charges for certain child pornography and aggravated child pornography offenses. For several other child offenses, prosecutors can file charges within one year after the victim turns 18. The filing window cannot end sooner than three years after the crime.

New crimes to protect kids online

Grooming is now a crime when a person five or more years older, or in a position of trust, uses messages or a pattern of acts (two or more) to lure a child under 17. Sexual exploitation includes acts in a child’s virtual presence and can rise to a Class 4 felony for repeats, a prior sex‑offense, a victim under 13, or when an adult offends near a school when children are present. It is also a felony to post a minor’s identity or non‑consensual images on adult or child‑image sites, with penalties that can be Class 3 or Class 4 felonies.

New recording and evidence rules in child cases

Police can record or intercept talks in child sexual image cases with the State’s Attorney’s approval. Agencies must seek a court order within 48 hours of starting a recording. A judge reviews recordings in private and decides if they can be used. Police may access certain child‑abuse records to aid these investigations. Courts sharply limit use of a victim’s past sexual activity, and may allow evidence of similar offenses only after advance disclosure and a balancing test.

Stronger tools to fight child exploitation

People convicted of listed child sexual‑abuse‑material offenses must register under the sex offender law. Vehicles, boats, or aircraft used with an owner’s knowledge in these crimes can be seized and forfeited. A Statewide Grand Jury can handle computer‑facilitated child exploitation cases, with no more than two such grand juries at once. Prosecutors can start grooming cases up to 10 years after the victim turns 17. The missing‑child law now treats child sexual images and related acts as exploitation, unlocking recovery tools. Some listed offenses count for registration only if committed on or after certain dates.

$500 fee per child image conviction

Courts add a $500 assessment for each child sexual‑image conviction. If a local agency made the arrest, its general fund gets the $500, except $100 goes to the State Crime Laboratory Fund when the State Police provide digital forensics. If the State Police made the arrest, the $500 goes to the State Crime Laboratory Fund. If more than one agency made the arrest, they split the money equally.

Consecutive sentences for many child‑image crimes

For listed child sexual‑image and aggravated child‑image crimes, courts must run prison terms back‑to‑back. If paragraph (6) applies and the child is under 13, sentences must also be consecutive. Certain obscene‑depiction convictions also require back‑to‑back sentences, including when the purported child is under 13.

Longer supervised release for sex offenses

For many listed sexual and child‑image offenses, supervised release after prison is at least 3 years and can last up to the person’s natural life. For a second or later aggravated criminal sexual abuse or felony criminal sexual abuse with a victim under 18, supervised release lasts 4 years. At least the first 2 of those 4 years must use electronic monitoring or home detention. For certain 85%‑service felonies, supervised release is 3 years for Class X, 2 years for Class 1 or 2, and 1 year for Class 3 or 4.

No probation for repeat child-sex crimes

Courts cannot give probation, periodic jail, or conditional discharge if the victim is under 13 and the defendant has a prior listed sex conviction. In these cases, the judge must impose at least the law’s minimum prison term. The rule applies to listed child‑sex offenses, including certain obscene depiction crimes, and counts prior convictions from Illinois or other states.

Tougher sentencing factors for child sex images

Courts can give harsher sentences when the offender abused a position of trust over a victim under 18. Possessing 100 or more child sexual images counts against the defendant. If images show sexual penetration or sadistic abuse, that is an extra serious factor. Obscene depictions that purport to show a child and include penetration or sadistic abuse also count as aggravating.

Tech providers must list abuse contacts

Providers that offer electronic communications or remote computing service and are subject to 42 U.S.C. 13032 must give the Cyber Tipline a designated agent’s name, phone, email, and employer. Companies must keep this contact information on file for child‑exploitation reporting.

Tech workers must report child images

Electronic and information technology workers who find child sexual images while installing or repairing equipment must report it right away. They must report to local police or the National Center for Missing and Exploited Children’s Cyber Tipline. A business that fails to report pays a $1,001 fine for each failure. Workers and employers who report as required are immune from most lawsuits or charges, unless they act with willful or wanton misconduct.

More crimes counted as sex offenses

The law adds child sexual‑image crimes and related offenses to the lists of “sex offenses” used for sentencing, management, and treatment rules. Agencies, courts, and treatment programs must apply sex‑offense policies to these crimes.

Property forfeiture in child sex image crimes

Property tied to child sexual image crimes is subject to forfeiture under Article 124B. Beginning January 1, 2025, courts must forfeit profits, property, and any computer that contains child sexual images or obscene depictions of a purported child after a forfeiture hearing. After covering sale and admin costs, 50% of proceeds goes to the local investigating unit (or to the State if a State agency alone investigated), 25% to the county for the State’s Attorney, and 25% to the State’s Attorneys Appellate Prosecutor’s fund.

Felons barred from adoption-only homes

Licensed child welfare agencies cannot approve an adoption‑only home if any adult living there has a felony for crimes against a child, including child sexual‑abuse‑material crimes. This protects children by keeping them out of homes with adults convicted of those crimes.

New tech definitions for enforcement

Computer scrub software means third‑party tools that delete or hide browser history, cache, cookies, or overwrite files to block discovery. A content‑controlled tablet can only access visitation apps or learning and personal development content. These definitions guide investigations and device rules in facilities.

Updated terms for child-abuse and corrections

The law replaces the term “child pornography” with “child sexual abuse material” across Illinois laws. It adds this phrase to the Criminal Code’s definitions and clarifies agency terms: “Department” can mean Corrections or Juvenile Justice, and “Director” can mean either agency head. It also clarifies that certain Corrections and Juvenile Justice staff count as correctional officers. These changes standardize wording and roles without changing crimes or penalties.

Stricter checks for medical students

Medical schools must treat certain past offenses, including child sexual‑abuse‑material crimes, as sex‑offender convictions in background checks. Applicants with these convictions can be found ineligible to matriculate.

Reporting duty for photo labs and IT

Commercial film and photo processors and computer technicians must report when they see media showing a child while doing their jobs. The duty applies only to material found during work. Businesses and workers must follow the law’s reporting steps.

Help for child witnesses and juvenile cases

A court may let a victim or witness under 18, or an intellectually disabled person, testify with a trained facility dog. Judges consider age and the rights of the parties. The law defines “aftercare release” as supervised, conditional release from juvenile commitment. Minors are barred from sharing indecent images of other minors by phone or computer; a judge may order counseling or community service.

Sponsors & Cosponsors

Sponsor

Mary Beth Canty
Democratic • House

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
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;