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HB 2690

CHILD SEXUAL ABUSE MATERIAL

104th Regular Session Introduced by Murri Briel and 15 co-sponsors

Illinois renames and strengthens laws on child sexual abuse material, expands offenses like grooming and exploitation, and extends protections and timelines effective Jan 1, 2026.

Public Act . . . . . . . . . 104-0245
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Bill Summary · HB 2690

HB 2690 — Child Sexual Abuse Material (Public Act 104‑0245)

Status and timeline
- Introduced: February 11, 2025 (House, Rep. Mary Beth Canty primary sponsor).
- Passed both chambers (May 2025). Sent to Governor June 24, 2025. Approved by Governor August 15, 2025.
- Public Act: 104‑0245. Effective date: January 1, 2026.

Purpose / intent
- Modernize and clarify Illinois criminal law relating to sexual offenses involving recordings and images of minors by: (1) replacing the term “child pornography” with “child sexual abuse material” across multiple statutes; (2) creating or clarifying offenses and definitions to address in‑person and virtual conduct; and (3) adjusting procedural, evidentiary, and background‑check provisions related to sex offenses and child welfare.

Key provisions and changes
- Terminology change: Replaces references to “child pornography” with “child sexual abuse material” (throughout the Criminal Code of 2012 and related statutes).
- New/clarified offense language:
- Sexual exploitation of a child (Criminal Code § 11‑9.1): expanded to cover conduct in the presence or virtual presence of a child (or a person the actor believes to be a child) where the actor knowingly entices, coerces, or persuades the child to participate in producing or memorializing a sexual act of persons 18 or older. Violation of this provision is a Class 4 felony.
- Grooming (§ 11‑25): requires the defendant to be at least 5 years older than the child, or to hold a position of trust/authority/supervision relative to the child, at the time of the offense.
- Statute of limitations for grooming: when the victim was under 17 at the time of the offense, prosecution may commence within 10 years after the victim (or the person with a disability) attains age 17 (i.e., effective prosecution window through about age 27).
- Consent and family definitions:
- Adds/clarifies a statutory definition for “unable to give knowing consent.”
- Broadens the definition of “family member” to expressly include siblings and reduces the residency requirement for an accused to be considered part of the household from 6 months to 3 months.
- Victim/witness testimony protections: Courts may set conditions (including use of a facility dog) for testimony of victims or witnesses who are under 18 or who are intellectually disabled or affected by a developmental disability (broadens prior categories).
- Other changes:
- Removes references to criminal transmission of HIV from various statutes.
- Modifies admissibility rules in cases involving involuntary servitude, involuntary sexual servitude of a minor, and trafficking in persons (details in bill text).
- Conforming amendments to related Acts and definitions, including the Sex Offender Management Board Act (20 ILCS 4026/10), the Criminal History Records Check Act (110 ILCS 57/5), and the Child Care Act (225 ILCS 10/3.3), to reflect the renaming and related definitional changes.

Who is affected
- Alleged and convicted offenders: new/clarified elements (grooming age gap; expanded exploitation offense) may change charging and sentencing decisions.
- Victims and witnesses: broader protections for testimony; extended prosecution window for grooming victims who were minors.
- Courts, prosecutors, and defense counsel: must apply revised definitions, statute of limitations, and evidentiary rules.
- Child welfare and licensing entities (including medical schools and child‑care/adoption agencies): updated background‑check references and definitions used in screening and reporting.
- Sex offender management and registry frameworks: updated offense listings/definitions for management and treatment considerations.

Procedural notes / implementation
- The act makes numerous cross‑statutory edits; practitioners and agencies should consult the enacted text for exact statutory revisions and affected section numbers (e.g., Criminal Code of 2012 Sections 11‑9.1, 11‑20.1, 11‑25 and related provisions).
- Effective January 1, 2026; actions and prosecutions after that date will use the updated language and rules enacted by Public Act 104‑0245.

Compiled from official sources — confirm details with the bill’s official record.

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