HB5566 98TH GENERAL ASSEMBLY

LRB098 18927 RLC 54074 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5566

Introduced , by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

720 ILCS 5/11-24.1 new

Amends the Criminal Code of 2012. Creates the offense of invasion of intimate privacy. Provides that a person commits the offense when he or she knowing that he or she is not licensed or privileged to do so, discloses any photograph, film, videotape, recording, or any other reproduction of the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual conduct, unless that person has consented to the disclosure. Provides that a person also commits invasion of intimate privacy when he or she discloses in any manner a photograph, film, videotape, or recording of another person using a fitting room or dressing room except under the following circumstances: (1) to law enforcement officers in connection with a criminal prosecution; (2) under subpoena or court order for use in a legal proceeding; or (3) to a co-worker, manager, or supervisor acting within the scope of his or her employment. Provides that a violation is a Class 3 felony for which the person may, in addition to a sentence of imprisonment, be fined not to exceed $30,000. Provides for an affirmative defense and civil remedies.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 2012 is amended by adding Section 11-24.1 as follows:

(720 ILCS 5/11-24.1 new)

Sec. 11-24.1. Invasion of intimate privacy.

(a) As used in this Section, "disclose" means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer.

(b) A person commits invasion of intimate privacy when he or she knowing that he or she is not licensed or privileged to do so, discloses any photograph, film, videotape, recording, or any other reproduction of the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual conduct, unless that person has consented to the disclosure.

(c) A person commits invasion of intimate privacy when he or she discloses in any manner a photograph, film, videotape, or recording of another person using a fitting room or dressing room except under the following circumstances:

(1) to law enforcement officers in connection with a criminal prosecution;

(2) under subpoena or court order for use in a legal proceeding; or

(3) to a co-worker, manager, or supervisor acting within the scope of his or her employment.

(d) It is an affirmative defense to a violation of this Section that:

(1) the defendant posted or otherwise provided prior notice to the person of the defendant's intent to engage in the conduct specified in subsection (b); and

(2) the defendant acted with a lawful purpose.

(e) For purposes of this Section, a law enforcement officer, or a corrections officer or guard in a correctional facility or jail, who is engaged in the official performance of his or her duties shall be deemed to be licensed or privileged to make and to disclose photographs, films, videotapes, recordings, or any other reproductions.

(f) Sentence. Invasion of intimate privacy is a Class 3 felony for which the person may, in addition to a sentence of imprisonment, be fined not to exceed $30,000.

(g) A person who, without license or privilege to do so, photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual conduct, without that person's consent and under circumstances in which a reasonable person would not expect to be observed, shall be liable to that person, who may bring a civil action in the circuit court.

(h) A person who, without license or privilege to do so, discloses any photograph, film, videotape, recording or any other reproduction of the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual conduct, without that person's consent and under circumstances in which a reasonable person would not expect to be observed, shall be liable to that person, who may bring a civil action in the circuit court.

(i) The court may award:

(1) actual damages, but not less than liquidated damages computed at the rate of $1,000 for each violation of this Section;

(2) punitive damages upon proof of willful or reckless disregard of the law;

(3) reasonable attorney's fees and other litigation costs reasonably incurred; and

(4) any other preliminary and equitable relief as the court determines to be appropriate.