Synopsis As Introduced Amends the Criminal Code of 2012 and the Code of Criminal Procedure of 1963. Creates the offense of sexual exploitation via non-consensual dissemination of a sexual act or intimate parts. Provides that a person commits the offense when he or she: (1) intentionally disseminates an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed; and (2) the person knows or should have known the other person has not consented to the disclosure. Provides exemptions. Provides that a violation is a Class 4 felony. Provides that the penalty is a Class 1 felony if the victim, at the time the offense is committed, is a person under 18 years of age or is severally or profoundly mentally retarded or if the violation is committed by a person who is required to register as a sex offender under the Sex Offender Registration Act. Provides for forfeiture of property derived from the proceeds of the offense.
House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the bill, except: (1) provides that the offense requires that the image disseminated is of a person at least 18 years of age and that the person disseminating the image obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private and knows or should have known that the person in the image has not consented to the dissemination; (2) changes the penalty to a Class 3 felony; (3) changes the definition of "sexual act"; and (4) provides that nothing in the provisions creating the offense shall be shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person: (i) an interactive computer service; (ii) a provider of public or private mobile service; or (iii) a telecommunications network provider.