Sen. A. J. Wilhelmi
Filed: 4/11/2008
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2349




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    AMENDMENT NO. ______. Amend Senate Bill 2349 on page 1, 
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line 1, by inserting after "law" the following:
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", which may be referred to as the Child Protection Act of 
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2008"; and
  
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on page 1, by replacing lines 5 and 6 with the following:
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"Sections 11-9.4, 11-21, 11-23, and 11-24 and by adding 
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Sections 10-8.1 and 11-6.6 as follows:"; and
 
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on page 1, line 19, by inserting after "age" the following:
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", other than for a lawful purpose under Illinois law"; and
 
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on page 1, line 23, by inserting after "age" the following:
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", other than for a lawful purpose under Illinois law"; and
 
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on page 2, line 14, by inserting after "guardian" the 
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following:
 


 






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"and the meeting with the child is arranged for a purpose   other 
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than a lawful purpose under Illinois law"; and
 
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on page 4, line 18, by inserting after "communicate" the 
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following:
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", other than for a lawful purpose under Illinois law"; and
 
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by deleting lines 18 through 25 on page 12 and lines 1 through 
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12 on page 13; and
  
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on page 18, by inserting immediately below line 17 the 
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following:


 



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    "(720 ILCS 5/11-23)


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    Sec. 11-23. Posting of identifying or graphic information 
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on a pornographic
Internet site or possessing graphic 
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information with pornographic material.

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    (a) A person at least 17 years of age who discloses on an 
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adult obscenity or
child
pornography Internet site the name, 
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address, telephone number, or e-mail
address of a person
under 
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17 years of age at the time of the commission of
the offense or 
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of a person at least 17 years of age without the consent of
the 
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person at least 17 years of age is guilty of the offense of 
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posting of
identifying information on a pornographic Internet 
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site.

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    (a-5) Any person who places, posts, reproduces, or 
 


 






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maintains on an adult obscenity or child pornography Internet 
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site a photograph, video, or digital image of a person under 18 
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years of age that is not child pornography under Section 
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11-20.1, without the knowledge and consent of the person under 
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18 years of age, is guilty of the offense of posting of graphic 
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information on a pornographic Internet site. This provision 
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applies even if the person under 18 years of age is fully or 
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properly clothed in the photograph, video, or digital image. 
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    (a-10)  Any person who places, posts, reproduces, or 
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maintains on an adult obscenity or child pornography Internet 
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site, or possesses with obscene or child pornographic material 
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a photograph, video, or digital image of a person under 18 year 
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of age in which the child is posed in a suggestive manner with 
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the focus or concentration of the image on the child's clothed 
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genitals, clothed pubic area, clothed buttocks area, or if the 
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child is female, the breast exposed through transparent 
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clothing, and the photograph, video, or digital image is not 
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child pornography under Section 11-20.1, is guilty of posting 
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of graphic information on a pornographic Internet site or 
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possessing graphic information with pornographic material. 
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    (b) Sentence.  A person who violates subsection (a) of this 
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Section is guilty of a Class 4
felony if the victim is at least 
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17 years of age at the time of the offense and
a
Class 3 felony 
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if the victim is under 17 years of age at the time of the

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offense. A person who violates subsection (a-5) of this Section 
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is guilty of a Class 4 felony.  A person who violates subsection 
 


 






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(a-10) of this Section is guilty of a Class 3 felony. 

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    (c) Definitions.  For purposes of this Section:


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        (1) "Adult obscenity or child pornography Internet 
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    site" means a site on
the Internet that contains material 
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    that is obscene as defined in Section 11-20
of this Code or

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    that is child pornography as defined in Section 11-20.1 of 
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    this Code.


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        (2) "Internet" includes the World Wide Web, electronic 
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    mail, a
news group posting, or Internet file transfer.

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(Source: P.A. 91-222, eff. 7-22-99.)"; and

        
 
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by replacing line 25 on page 18 and lines 1 through 4 on page 19 
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with the following:
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        "(1)  conduct or operate  any  type  of  business  in
which  
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    he  or  she  photographs,  videotapes,  or takes a
digital image 
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    of a child; or
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        (2)  conduct or operate  any  type  of  business  in
 which  he  
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    or  she instructs or directs another"; and 
 
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on page 19, by replacing  line 6 with the following:
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    "a child; or . 
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        (3) photograph, videotape, or take a digital image of a 
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    child, or instruct or direct another person to photograph, 
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    videotape, or take a digital image of a child without the 
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    consent of the parent or guardian."; and
 
 


 






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by deleting all of page 20.