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510 ILCS 70/3.03-1
(510 ILCS 70/3.03-1)
Sec. 3.03-1. Depiction of animal cruelty.
(a) "Depiction of animal cruelty" means any visual or auditory depiction,
including any photograph, motion-picture film, video recording, electronic
image, or
sound recording, that would constitute a violation of Section 3.01, 3.02,
3.03, or 4.01 of the Humane Care for Animals Act or Section 26-5 or 48-1 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(b) No person may knowingly create, sell, market, offer to market or sell,
or possess a depiction of animal
cruelty. No person may place that depiction in commerce for commercial gain or
entertainment.
This
Section does not apply when the depiction has religious, political,
scientific,
educational, law enforcement or humane investigator training,
journalistic, artistic, or historical value; or involves rodeos, sanctioned
livestock
events, or normal husbandry practices.
The creation, sale, marketing, offering to sell or market, or possession of
the depiction of animal cruelty is
illegal
regardless of whether the maiming, mutilation, torture, wounding, abuse,
killing, or any
other conduct
took place in this State.
(c) Any person convicted of violating this Section is guilty of a Class A
misdemeanor. A second or subsequent violation is a Class 4 felony. In
addition to any other penalty provided by law, upon conviction for violating
this Section,
the court may order the convicted person to undergo a psychological or
psychiatric
evaluation and to undergo any treatment at the convicted person's expense that
the court
determines to be appropriate after due consideration of the evaluation. If the
convicted
person is a juvenile, the court shall order the convicted person to undergo a
psychological
or psychiatric evaluation and to undergo treatment that the court determines to
be
appropriate after due consideration of the evaluation.
(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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