98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2694

 

Introduced 1/28/2014, by Sen. Michael E. Hastings - Toi W. Hutchinson

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-23
815 ILCS 505/2RRR new

    Amends the Criminal Code of 2012. Provides that a person who knowingly places, posts, or reproduces on the Internet a photograph, video, or digital image of a person in a state of nudity, in a state of sexual excitement, or engaged in any act of sexual conduct or sexual penetration, without the knowledge and consent of that person, is guilty of a Class 4 felony. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for any person engaged in placing, posting, publishing, reproducing, or maintaining an Internet site to solicit or accept the payment of a fee or other consideration for removal of a person's private material or identifying information, which has been placed, posted, published, reproduced, or maintained on an Internet site without knowledge and consent of that person.


LRB098 17939 RLC 53063 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2694LRB098 17939 RLC 53063 b

1    AN ACT concerning posting of information on an Internet
2site.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 5. The Criminal Code of 2012 is amended by changing
6Section 11-23 as follows:
 
7    (720 ILCS 5/11-23)
8    Sec. 11-23. Posting of identifying or graphic information
9on a pornographic Internet site or possessing graphic
10information with pornographic material; posting private
11material for pornographic purposes.
12    (a) A person at least 17 years of age who knowingly
13discloses on an adult obscenity or child pornography Internet
14site the name, address, telephone number, or e-mail address of
15a person under 17 years of age at the time of the commission of
16the offense or of a person at least 17 years of age without the
17consent of the person at least 17 years of age is guilty of
18posting of identifying information on a pornographic Internet
19site.
20    (a-5) Any person who knowingly places, posts, reproduces,
21or maintains on an adult obscenity or child pornography
22Internet site a photograph, video, or digital image of a person
23under 18 years of age that is not child pornography under

 

 

SB2694- 2 -LRB098 17939 RLC 53063 b

1Section 11-20.1, without the knowledge and consent of the
2person under 18 years of age, is guilty of posting of graphic
3information on a pornographic Internet site. This provision
4applies even if the person under 18 years of age is fully or
5properly clothed in the photograph, video, or digital image.
6    (a-10) Any person who knowingly places, posts, reproduces,
7or maintains on an adult obscenity or child pornography
8Internet site, or possesses with obscene or child pornographic
9material a photograph, video, or digital image of a person
10under 18 years of age in which the child is posed in a
11suggestive manner with the focus or concentration of the image
12on the child's clothed genitals, clothed pubic area, clothed
13buttocks area, or if the child is female, the breast exposed
14through transparent clothing, and the photograph, video, or
15digital image is not child pornography under Section 11-20.1,
16is guilty of posting of graphic information on a pornographic
17Internet site or possessing graphic information with
18pornographic material.
19    (a-15) A person who knowingly places, posts, or reproduces
20on an Internet site a photograph, video, or digital image of a
21person in a state of nudity, in a state of sexual excitement,
22or engaged in any act of sexual conduct or sexual penetration,
23without the knowledge and consent of that person, is guilty of
24posting private material for pornographic purposes.
25    (b) Sentence. A person who violates subsection (a) of this
26Section is guilty of a Class 4 felony if the victim is at least

 

 

SB2694- 3 -LRB098 17939 RLC 53063 b

117 years of age at the time of the offense and a Class 3 felony
2if the victim is under 17 years of age at the time of the
3offense. A person who violates subsection (a-5) or (a-15) of
4this Section is guilty of a Class 4 felony. A person who
5violates subsection (a-10) of this Section is guilty of a Class
63 felony.
7    (c) Definitions. For purposes of this Section:
8        (1) "Adult obscenity or child pornography Internet
9    site" means a site on the Internet that contains material
10    that is obscene as defined in Section 11-20 of this Code or
11    that is child pornography as defined in Section 11-20.1 of
12    this Code.
13        (2) "Internet" has the meaning set forth in Section
14    16-0.1 of this Code.
15        (3) "Sexual conduct" means an act of masturbation,
16    sexual intercourse, or physical contact with a person's
17    clothed or unclothed genitals, pubic area, buttocks or, if
18    the person is a female, breast.
19(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
20    Section 10. The Consumer Fraud and Deceptive Business
21Practices Act is amended by adding Section 2RRR as follows:
 
22    (815 ILCS 505/2RRR new)
23    Sec. 2RRR. Removal of private material and identifying
24information.

 

 

SB2694- 4 -LRB098 17939 RLC 53063 b

1    (a) It is an unlawful practice for any person engaged in
2placing, posting, publishing, reproducing, or maintaining an
3Internet site to solicit or accept the payment of a fee or
4other consideration for removal of a person's private material
5or identifying information, which has been placed, posted,
6published, reproduced, or maintained on an Internet site
7without knowledge and consent of that person.
8    (b) As used in this Section:
9        (1) "Private material" means any photograph, video, or
10    digital image of a person in a state of nudity, in a state
11    of sexual excitement, or engaged in any act of sexual
12    conduct or sexual penetration.
13        (2) "Identifying information" means name, address,
14    telephone number, or e-mail address of a person that has
15    been placed on an Internet site in violation of Section
16    11-23 of the Criminal Code of 2012.