Rep. Maria Antonia Berrios
Filed: 4/23/2008
 
 

 




 

 		












09500HB5687ham002

LRB095 19968 RLC 49680 a






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AMENDMENT TO HOUSE BILL 5687 




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    AMENDMENT NO. ______. Amend House Bill 5687, AS AMENDED, by 
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replacing the introductory clause of Section 5 with the 
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following:
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    "Section 5. The Criminal code of 1961 is amended by 
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changing 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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in paragraph (1) of subsection (b) of Sec. 10-8.1 of Section 5, 
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by replacing "age; or" with "age, other than for a lawful 
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purpose under Illinois law; or; and
 
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in paragraph (2) of subsection (b) of Sec. 10-8.1 of Section 5, 
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by replacing the period with ", other than for a lawful purpose 
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under Illinois law."; and
 
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by inserting after subsection (b) of Sec. 10-8.1 of Section 5 
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the following:
 


 






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    "(b-5)  Telecommunications carriers, commercial mobile 
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service providers, and providers of information services, 
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including, but not limited to, Internet service providers and 
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hosting service providers, are not liable under this Section, 
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except for willful and wanton misconduct, by virtue of the 
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transmission, storage, or caching of electronic communications 
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or messages of others or by virtue of the provision of other 
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related telecommunications, commercial mobile services, or 
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information services used by others in violation of this 
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Section."; and
 
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in subsection (a) of Sec. 11-6.6 of Section 5, by replacing 
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"for other than a lawful purpose under Illinois law" with "for 
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a purpose other than a lawful purpose under Illinois law"; and
 
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in subsection (b-7) of Sec. 11-9.4 of Section 5 by inserting 
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after "communicate" the following: 
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", other than for a lawful purpose under Illinois law"; and
  
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by deleting all of Sec. 11-20.1 of Section 5; and
 
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by inserting after subsection (g)  of Sec. 11-21 of Section 5 
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the following:
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    "(h)  Telecommunications carriers, commercial mobile 
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service providers, and providers of information services, 
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including, but not limited to, Internet service providers and 
 


 






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hosting service providers, are not liable under this Section, 
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except for willful and wanton misconduct, by virtue of the 
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transmission, storage, or caching of electronic communications 
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or messages of others or by virtue of the provision of other 
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related telecommunications, commercial mobile services, or 
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information services used by others in violation of this 
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Section.
 



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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 all of subsection (b) of Sec. 11-24 with the 
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following:
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    (b)  It   is   unlawful  for  a  child  sex  offender  to
    knowingly:
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        (1)  conduct or operate  any  type  of  business  in
which  he  
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    or  she  photographs,  videotapes,  or takes a
digital image of 
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    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 person to
         photograph, 
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    videotape, or  take  a  digital  image  of  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 the index.