93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6875


 
Introduced 02/09/04, by Patricia Reid Lindner - Patricia R. Bellock
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/11-20.2
  from Ch. 38, par. 11-20.2







    Amends the Criminal Code of 1961.  Provides that a computer engineer,
computer technician, management information engineer, or management information
technician who has knowledge of or observes within the scope of his or her
professional capacity or employment a computer image that depicts a child whom
the engineer or technician knows or reasonably should know to be under the age
of 18 engaged in certain sexual acts shall report the instance to a peace
officer as soon as possible.  Provides that failure to report is a petty
offense with a $1,000 fine.
Provides that a commercial film or photographic print processor, computer
engineer, computer technician, management information engineer, or management
information technician shall be forever held harmless from any civil liability
for his or her reasonable compliance with the reporting provisions.
















LRB093 18798 RLC 44532 b

















 


 


A BILL FOR









 











HB6875

LRB093 18798 RLC 44532 b






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    AN ACT concerning criminal law. 

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


 
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    Section  5. The Criminal Code of 1961 is amended by changing

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Section 11-20.2 as follows:


 
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    (720 ILCS 5/11-20.2)  (from Ch. 38, par. 11-20.2)

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    Sec. 11-20.2. Image of child under 18 engaged in certain 
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acts; report to
peace officer.


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    (a) Any commercial film and photographic print processor

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who
has knowledge of or observes, within the scope of his or 
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her professional
capacity
or employment, any film, photograph, 
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videotape, negative or slide which
depicts a child whom the 
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processor knows or reasonably should know to be
under the age 
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of 18 where such child is:


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        (i) actually or by simulation engaged in any act of 
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    sexual
intercourse
with any person or animal; or


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        (ii) actually or by simulation engaged in any act of 
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    sexual contact
involving the sex organs of the child and 
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    the mouth, anus, or sex organs of
another person or animal; 
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    or which involves the mouth, anus or sex organs
of the 
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    child and the sex organs of another person or animal; or


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        (iii) actually or by simulation engaged in any act of 
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    masturbation; or


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        (iv) actually or by simulation portrayed as being the 
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    object of, or
otherwise engaged in, any act of lewd 
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    fondling, touching, or caressing
involving another person 
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    or animal; or


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        (v) actually or by simulation engaged in any act of 
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    excretion or
urination within a sexual context; or


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        (vi) actually or by simulation portrayed or depicted as 
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    bound, fettered,
or subject to sadistic, masochistic, or 
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    sadomasochistic abuse in any sexual
context;


 


 






HB6875
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LRB093 18798 RLC 44532 b




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shall report such instance to a peace officer immediately or as

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soon as possible.  Failure to make such report shall be a petty

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business offense
with a fine of $1,000.


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    (b) Any computer engineer, computer technician, management 
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information
engineer, or management information technician who 
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has knowledge of or
observes, within the scope of his
or her 
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professional
capacity
or employment, any computer image
which 
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depicts a child whom the engineer or technician knows or 
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reasonably
should know to be
under the age of 18 where such 
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child is:

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        (i) actually or by simulation engaged in any act of 
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    sexual intercourse
with any person or animal; or

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        (ii) actually or by simulation engaged in any act of 
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    sexual contact
involving the sex organs of the child and 
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    the mouth, anus, or sex organs of
another person or animal; 
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    or which involves the mouth, anus or sex organs
of the 
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    child and the sex organs of another person or animal; or

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        (iii) actually or by simulation engaged in any act of 
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    masturbation; or

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        (iv) actually or by simulation portrayed as being the 
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    object of, or
otherwise engaged in, any act of lewd 
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    fondling, touching, or caressing
involving another person 
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    or animal; or

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        (v) actually or by simulation engaged in any act of 
25
    excretion or
urination within a sexual context; or

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        (vi) actually or by simulation portrayed or depicted as 
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    bound, fettered,
or subject to sadistic, masochistic, or 
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    sadomasochistic abuse in any sexual
context;

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shall report such instance to a peace officer immediately or as

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soon as possible.  Failure to make such report shall be a petty 
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offense
with a fine of $1,000.

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    (c) A commercial film or photographic print processor, 
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computer
engineer, computer technician, management information 
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engineer, or management
information technician shall be 
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forever held harmless from any civil liability
for his or her 
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reasonable compliance with the provisions of this Section.


 


 






HB6875
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LRB093 18798 RLC 44532 b




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(Source: P.A. 84-1280.)