HB5164 96TH GENERAL ASSEMBLY

LRB096 18044 RLC 33416 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5164

Introduced 1/29/2010, by Rep. Sidney H. Mathias

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 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 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 or with the intent to profit from the display of the image 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. Establishes penalties.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 1961 is amended by adding Section 11-27 as follows:

(720 ILCS 5/11-27 new)

Sec. 11-27. Electronic transfer or capture of harmful material by a minor.

(a) 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.

(b) It is unlawful for a minor under 17 years of age to knowingly request another minor under 17 years of age to violate subsection (a) and distribute that image or images to another person or persons.

(c) It is unlawful for a minor under 17 years of age to knowingly obtain an image in violation of subsection (a) or (b) 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 or with the intent to profit from the display of the image 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.

(d) Sentence.

(1) A first violation of subsection (a) or (b) of this Section is a Class C misdemeanor.

(2) A second or subsequent violation of subsection (a) or (b) of this Section is a Class B misdemeanor.

(3) A first violation of subsection (c) of this Section is a Class A misdemeanor.

(4) A second or subsequent violation of subsection (c) of this Section is a Class 4 felony.

(5) In addition to any other criminal penalties that may be imposed, the court may order a minor convicted of or placed on supervision for a violation of subsection (a), (b), or (c) of this Section to complete a fee based (not to exceed $75) diversion program that addresses the issues giving rise to the violation. In addition to any other criminal penalties that may be imposed, the court may require a minor committing a second or subsequent violation of subsection (a) or (b) to suspend the use, possession, control, or operation of any electronic telecommunication device for a period not to exceed 6 months, except that use, possession, control, or operation of an electronic telecommunication device for a life threatening emergency shall be permitted.