State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 002 ]

91_SB0094

 
                                               LRB9101683RCks

 1        AN ACT to amend the Harassing and Obscene  Communications
 2    Act by changing Section 1.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Harassing and Obscene Communications  Act
 6    is amended by changing Section 1 as follows:

 7        (720 ILCS 135/1) (from Ch. 134, par. 16.4)
 8        Sec. 1. Transmission of obscene messages prohibited.
 9        (a)  Any   person   in   this   State   who   sends   any
10    communications  or  messages  or  uses language or terms that
11    which are obscene, lewd, or immoral with the intent to offend
12    by  means  of  or  while  using  a  telephone  or   telegraph
13    facilities,  equipment, or wires or by means of an electronic
14    communication of any person, firm, or corporation engaged  in
15    the transmission of news or messages between states or within
16    this   the   State  of  Illinois  is  guilty  of  a  Class  B
17    misdemeanor. The use of language  or  terms  that  which  are
18    obscene,  lewd,  or  immoral  is  prima facie evidence of the
19    intent to offend.
20        (b)  Any   person   in   this   State   who   sends   any
21    communications or messages or uses  language  or  terms  that
22    purport  to  solicit  a sexual act with a person, knowing the
23    person to be under 18 years of age,  by  means  of  or  while
24    using  a  telephone  or  telegraph  facilities, equipment, or
25    wires or by means  of  an  electronic  communication  of  any
26    person,  firm,  or corporation engaged in the transmission of
27    news or messages between  states  or  within  this  State  is
28    guilty of a Class 4 felony.
29        (c)  For the purposes of this Section, "sexual act" means
30    any act of sexual conduct or sexual penetration as defined in
31    subsection  (e) or (f), respectively, of Section 12-12 of the
 
                            -2-                LRB9101683RCks
 1    Criminal Code of 1961.
 2    (Source: P.A. 77-2620.)

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