104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3028
 
Introduced 2/6/2025, by Rep. Janet Yang Rohr
 
SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-23.5
735 ILCS 115/5
    Amends the Criminal Code of 2012 and the Removal of Private Compromising Images Act. Defines "image" to include a computer-generated image or video, whether made, produced, or altered by electronic, mechanical, or other means.


LRB104 09817 RLC 19885 b

 
 
A BILL FOR
 
HB3028LRB104 09817 RLC 19885 b

1    AN ACT concerning computer-generated images and video.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by 
5changing Section 11-23.5 as follows:
 
6    (720 ILCS 5/11-23.5)
7    Sec. 11-23.5. Non-consensual dissemination of private 
8sexual images.
9    (a) Definitions. For the purposes of this Section:
10        "Computer", "computer program", and "data" have the 
11    meanings ascribed to them in Section 17-0.5 of this Code.
12        "Image" includes a photograph, film, videotape, 
13    digital recording, computer-generated image or video, 
14    whether made, produced, or altered by electronic, 
15    mechanical, or other means, or other depiction or 
16    portrayal of an object, including a human body.
17        "Intimate parts" means the fully unclothed, partially 
18    unclothed or transparently clothed genitals, pubic area, 
19    anus, or if the person is female, a partially or fully 
20    exposed nipple, including exposure through transparent 
21    clothing.
22        "Personal identifying information" has the meaning 
23    ascribed to the term in Section 16-0.1. 
 
 
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1        "Sexual act" means sexual penetration, masturbation, 
2    or sexual activity.
3        "Sexual activity" means any:
4            (1) knowing touching or fondling by the victim or 
5        another person or animal, either directly or through 
6        clothing, of the sex organs, anus, or breast of the 
7        victim or another person or animal for the purpose of 
8        sexual gratification or arousal; or
9            (2) any transfer or transmission of semen upon any 
10        part of the clothed or unclothed body of the victim, 
11        for the purpose of sexual gratification or arousal of 
12        the victim or another; or
13            (3) an act of urination within a sexual context; 
14        or
15            (4) any bondage, fetter, or sadism masochism; or
16            (5) sadomasochism abuse in any sexual context.
17    (b) A person commits non-consensual dissemination of 
18private sexual images when he or she:
19        (1) intentionally disseminates an image of another 
20    person:
21            (A) (blank); and
22            (B) who is identifiable from the image itself, or 
23        whose personal identifying information is displayed or 
24        disseminated in connection with the image, or whose 
25        identity is known to the person who disseminated the 
26        image; and
 
 
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1            (C) who is engaged in a sexual act or whose 
2        intimate parts are exposed, in whole or in part; and
3        (2) obtains the image under circumstances in which a 
4    reasonable person would know or understand that the image 
5    was to remain private; and
6        (3) knows or should have known that the person in the 
7    image has not consented to the dissemination.
8    (c) The following activities are exempt from the 
9provisions of this Section:
10        (1) The intentional dissemination of an image of 
11    another identifiable person who is engaged in a sexual act 
12    or whose intimate parts are exposed when the dissemination 
13    is made for the purpose of a criminal investigation that 
14    is otherwise lawful.
15        (2) The intentional dissemination of an image of 
16    another identifiable person who is engaged in a sexual act 
17    or whose intimate parts are exposed when the dissemination 
18    is for the purpose of, or in connection with, the 
19    reporting of unlawful conduct.
20        (3) The intentional dissemination of an image of 
21    another identifiable person who is engaged in a sexual act 
22    or whose intimate parts are exposed when the images 
23    involve voluntary exposure in public or commercial 
24    settings.
25        (4) The intentional dissemination of an image of 
26    another identifiable person who is engaged in a sexual act 
 
 
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1    or whose intimate parts are exposed when the dissemination 
2    serves a lawful public purpose.
3    (d) Nothing in this Section shall be construed to impose 
4liability upon the following entities solely as a result of 
5content or information provided by another person:
6        (1) an interactive computer service, as defined in 47 
7    U.S.C. 230(f)(2);
8        (2) a provider of public mobile services or private 
9    radio services, as defined in Section 13-214 of the Public 
10    Utilities Act; or
11        (3) a telecommunications network or broadband 
12    provider.
13    (e) A person convicted under this Section is subject to 
14the forfeiture provisions in Article 124B of the Code of 
15Criminal Procedure of 1963.
16    (f) Sentence. Non-consensual dissemination of private 
17sexual images is a Class 4 felony.
18(Source: P.A. 103-825, eff. 1-1-25.)
 
19    Section 10. The Removal of Private Compromising Images Act 
20is amended by changing Section 5 as follows:
 
21    (735 ILCS 115/5)
22    Sec. 5. Definitions. As used in this Act:
23    "Image" has the meaning provided in subsection (a) of 
24Section 11-23.5 of the Criminal Code of 2012 and includes a 
 
 
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1computer-generated image or video, whether made, produced, or 
2altered by electronic, mechanical, or other means.
3    "Intimate parts" has the meaning provided in subsection 
4(a) of Section 11-23.5 of the Criminal Code of 2012.
5(Source: P.A. 101-385, eff. 1-1-20.)