Anyone who is convicted of a “sex offense” as defined in 730 ILCS 150/2(b) is defined as a “sex offender.” Anyone so defined is required to register as a sex offender. The most typical offenses requiring registration include any child pornography offense, any offense for aggravated criminal sexual assault, criminal sexual assault, and aggravated criminal sexual abuse.

Per 730 ILCS 150/2(b),

1. Any felony or misdemeanor conviction or adjudication of any of the following statutes require registration:
   • Indecent Solicitation of a Child;
   • Sexual Exploitation of a Child;
   • Soliciting for a Juvenile Prostitute;
   • Keeping a place of Juvenile Prostitution;
   • Patronizing a Juvenile Prostitute;
   • Juvenile Pimping;
   • Exploitation of a Child;
   • Child Pornography;
   • Aggravated Child Pornography;
   • Criminal Sexual Assault;
   • Aggravated Criminal Sexual Assault;
   • Predatory Criminal Sexual Assault of a Child;
   • Criminal Sexual Abuse;
   • Aggravated Criminal Sexual Abuse;
   • Ritualized Abuse of a Child;
   • Forcible Detention, if the victim is under age 18;
   • Indecent Solicitation of an Adult;
   • Soliciting for a Prostitute, if the victim is under age 18;
   • Pandering, if the victim is under age 18;
   • Patronizing, if the victim is under age 18;
   • Pimping, if the victim is under age 18;
   • Public Indecency for a third or subsequent conviction;
   • Custodial Sexual Misconduct (if convicted on or after August 22, 2002);
   • Sexual Misconduct with a Person with a Disability;
   • Permitting Sexual Abuse of a Child;
   • Kidnapping, if the victim is under age 18 and the defendant is not a parent of the victim and the offense was sexually motivated as defined in Section 10 of the Sex Offender Management Board Act and the offense was committed on or after January 1, 1996;
   • Aggravated Kidnapping, if the victim is under age 18 and defendant is not the parent of the victim and the offense was sexually motivated as defined in Section 10 of the Sex Offender Management Board Act and the offense was committed on or after January 1, 1996;
   • Unlawful Restraint, if the victim is under age 18 and the defendant is not the parent of the victim and the offense was sexually motivated as defined in Section 10 of the Sex Offender Management Board Act and the offense was committed on or after January 1, 1996;
   • Aggravated Unlawful Restraint, if the victim is under age 18 and the defendant is not the parent of the victim and the offense was sexually motivated as defined in Section 10 of the Sex Offender Management Board Act and the offense was committed on or after January 1, 1996;
   • Child Abduction by luring a child under 16 into a vehicle or building and the offense was sexually motivated as defined in Section 10 of the Sex Offender Management Board Act;
   • First Degree Murder of a Child, when the defendant is at least 17 years of age at the time of the offense and the victim is under age 18. Applies to a person who committed the offense before June 1, 1996 only if the person was incarcerated in the Illinois Department of Corrections on August 20, 2004;
   • Any attempts to commit any of the offenses listed above; or
   • First Degree Murder of an Adult, when the victim was a person 18 years of age of older at the time of the commission of the offense. Applies to a person who was released from the Illinois Department of Corrections on or after January 1, 2002.
     

How long must someone remain registered?

Once convicted of a sex offense, a person is required to register annually for a period of 10 years. The person must register in person within 3 days of moving into the municipality or within 1-year of his or her last registration. The 10-year period begins immediately if the person receives a sentence of probation or it begins upon release from incarceration. A violation of probation can result in the 10-year period beginning anew.

A person convicted of failure to register as a sex offender is required to register every 3 months for the remainder of his or her registration period. The 10-year period can be extended for another 10-years following a conviction for failing to register as a sex offender.

Individuals convicted of first-degree murder or those adjudicated as a sexual predator, sexually dangerous or sexually violent must register every 90 days for his or her natural life.

If you have any questions about how to deal with a sex offense criminal charge or have been charged with a failure to register as a sex offender felony charge, you should feel free to call our office if you have any questions at all.