96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4583


 
Introduced , by Rep. Darlene J. Senger
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/11-27 new










    Amends the Criminal Code of 1961.  Provides that it is unlawful for a minor under 17 years of age to knowingly disseminate any material that depicts nudity or other sexual conduct by electronic transfer or capture of images of the person's self image or image of another minor under 17 years of age.  Provides that a violation is a Class B misdemeanor.  Provides that it is unlawful for a minor under 17 years of age to knowingly request another minor under 17 years of age to violate this provision and distribute that image or images to another person or persons.  Provides that a violation is a Class A misdemeanor.  Provides that it is unlawful for a minor under 17 years of age to knowingly obtain an image in violation of these provisions and distribute the image or images by means of uploading the nude image on an Internet website with the intent to injure the reputation of the other person or with the intent to cause emotional distress to the other person and to maintain an Internet website or webpage which is accessible to one or more third parties for a period of at least 24 hours.  Provides that a violation is a Class 4 felony.  Permits the court to impose additional specified penalties.
















LRB096 13244 RLC 27910 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY


FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4583

LRB096 13244 RLC 27910 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 adding 
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Section 11-27 as follows:
 
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    (720 ILCS 5/11-27  new)
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    Sec. 11-27. Electronic transfer or capture of harmful 
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material by a minor.
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    (a) It is unlawful for a minor under 17 years of age to 
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knowingly disseminate any material that depicts nudity or other 
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sexual conduct by electronic transfer or capture of images of 
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the person's self image or image of another minor under 17 
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years of age.
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    (b) It is unlawful for a minor under 17 years of age to 
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knowingly request another minor under 17 years of age to 
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violate subsection (a) and distribute that image or images to 
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another person or persons.
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    (c) It is unlawful for a minor under 17 years of age to 
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knowingly obtain an image in violation of subsection (a) or (b) 
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and distribute the image or images by means of uploading the 
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nude image on an Internet website with the intent to injure the 
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reputation of the other person or with the intent to cause 
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emotional distress to the other person and to maintain an 
 


 






HB4583
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LRB096 13244 RLC 27910 b




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Internet website or webpage which is accessible to one or more 
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third parties for a period of at least 24 hours.
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    (d)  Sentence.
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        (1) A violation of subsection (a) of this Section is a 
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    Class B misdemeanor.
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        (2)  A violation of subsection (b) of this Section is a 
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    Class A misdemeanor.
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        (3) A violation of subsection (c) of this Section is a 
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    Class 4 felony.
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        (4)   In addition to any other criminal penalties that 
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    may be imposed, the court may order a minor convicted of or 
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    placed on supervision for a violation of subsection (a), 
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    (b), or (c) of this Section to complete a fee based (not to 
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    exceed $75) diversion program that addresses the issues 
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    giving rise to the violation.  In addition to any other 
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    criminal penalties that may be imposed, the court may 
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    require a  minor committing a second  or subsequent violation 
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    of subsection (a) or (b) to suspend the use, possession, 
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    control, or operation of any electronic telecommunication 
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    device for a period not to exceed 6 months, except that 
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    use, possession, control, or operation of an electronic 
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    telecommunication device for a life threatening emergency 
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    shall be permitted.