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91_SB0094enr
SB94 Enrolled LRB9101683RCks
1 AN ACT to amend the Harassing and Obscene Communications
2 Act by changing Section 1 and adding Section 0.02.
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 and adding Section 0.02 as
7 follows:
8 (720 ILCS 135/0.02 new)
9 Sec. 0.02. Person defined. For the purposes of this
10 Act, the term "person" is not intended to refer to a
11 telecommunications carrier as defined in Section 13-202 of
12 the Public Utilities Act or a provider of access to the
13 internet where internet refers to the global information
14 system that is logically linked together by a globally unique
15 address space based on the Internet Protocol or its
16 subsequent extensions/follow-ons and is able to support
17 communications using the Transmission Control
18 Protocol/Internet Protocol suite or its subsequent
19 extensions/follow-ons, and/or other Internet
20 Protocol-compatible protocols.
21 (720 ILCS 135/1) (from Ch. 134, par. 16.4)
22 Sec. 1. Transmission of obscene messages prohibited.
23 (a) Any person in this State who sends any
24 communications or messages or uses language or terms that
25 which are obscene, lewd, or immoral with the intent to offend
26 by means of or while using a telephone or telegraph
27 facilities, equipment, or wires or by means of an electronic
28 communication of any person, firm, or corporation engaged in
29 the transmission of news or messages between states or within
30 this the State of Illinois is guilty of a Class B
SB94 Enrolled -2- LRB9101683RCks
1 misdemeanor. The use of language or terms that which are
2 obscene, lewd, or immoral is prima facie evidence of the
3 intent to offend.
4 (b) Any person 17 years of age or older in this State
5 who, with the intent to offend, sends any communications or
6 messages or uses language or terms that purport to solicit a
7 sexual act with a person, knowing the person to be under 13
8 years of age, by means of or while using any electronic
9 communication, a telephone or equipment, or wires or by means
10 of any electronic communication of any person, firm, or
11 corporation engaged in the transmission of news or messages
12 between states or within this State is guilty of a Class 4
13 felony.
14 (c) For the purposes of this Section, "sexual act" means
15 any act of sexual penetration as defined in subsection (f) of
16 Section 12-12 of the Criminal Code of 1961.
17 (Source: P.A. 77-2620.)
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