Sen. Michael E. Hastings

Filed: 2/18/2014

 

 


 

 


 
09800SB2694sam001LRB098 17939 RLC 55414 a

1
AMENDMENT TO SENATE BILL 2694

2    AMENDMENT NO. ______. Amend Senate Bill 2694 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 11-23 as follows:
 
6    (720 ILCS 5/11-23)
7    Sec. 11-23. Posting of identifying or graphic information
8on a pornographic Internet site or possessing graphic
9information with pornographic material; posting private
10material.
11    (a) A person at least 17 years of age who knowingly
12discloses on an adult obscenity or child pornography Internet
13site the name, address, telephone number, or e-mail address of
14a person under 17 years of age at the time of the commission of
15the offense or of a person at least 17 years of age without the
16consent of the person at least 17 years of age is guilty of

 

 

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1posting of identifying information on a pornographic Internet
2site.
3    (a-5) Any person who knowingly places, posts, reproduces,
4or maintains on an adult obscenity or child pornography
5Internet site a photograph, video, or digital image of a person
6under 18 years of age that is not child pornography under
7Section 11-20.1, without the knowledge and consent of the
8person under 18 years of age, is guilty of posting of graphic
9information on a pornographic Internet site. This provision
10applies even if the person under 18 years of age is fully or
11properly clothed in the photograph, video, or digital image.
12    (a-10) Any person who knowingly places, posts, reproduces,
13or maintains on an adult obscenity or child pornography
14Internet site, or possesses with obscene or child pornographic
15material a photograph, video, or digital image of a person
16under 18 years of age in which the child is posed in a
17suggestive manner with the focus or concentration of the image
18on the child's clothed genitals, clothed pubic area, clothed
19buttocks area, or if the child is female, the breast exposed
20through transparent clothing, and the photograph, video, or
21digital image is not child pornography under Section 11-20.1,
22is guilty of posting of graphic information on a pornographic
23Internet site or possessing graphic information with
24pornographic material.
25    (a-15) A person who knowingly places, posts, or reproduces
26on an Internet site a photograph, video, or digital image of a

 

 

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1person who is 18 years of age or older in a state of nudity, in
2a state of sexual excitement, or engaged in any act of sexual
3conduct or sexual penetration, without the knowledge and
4consent of that person, is guilty of posting private material.
5    (b) Sentence. A person who violates subsection (a) of this
6Section is guilty of a Class 4 felony if the victim is at least
717 years of age at the time of the offense and a Class 3 felony
8if the victim is under 17 years of age at the time of the
9offense. A person who violates subsection (a-5) or (a-15) of
10this Section is guilty of a Class 4 felony. A person who
11violates subsection (a-10) of this Section is guilty of a Class
123 felony.
13    (c) Definitions. For purposes of this Section:
14        (1) "Adult obscenity or child pornography Internet
15    site" means a site on the Internet that contains material
16    that is obscene as defined in Section 11-20 of this Code or
17    that is child pornography as defined in Section 11-20.1 of
18    this Code.
19        (2) "Internet" has the meaning set forth in Section
20    16-0.1 of this Code.
21(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
22    Section 10. The Consumer Fraud and Deceptive Business
23Practices Act is amended by adding Section 2RRR as follows:
 
24    (815 ILCS 505/2RRR new)

 

 

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1    Sec. 2RRR. Removal of private material and identifying
2information.
3    (a) It is an unlawful practice for any person engaged in
4placing, posting, publishing, reproducing, or maintaining an
5Internet site to solicit or accept the payment of a fee or
6other consideration for removal of a person's private material
7or identifying information, which has been placed, posted,
8published, reproduced, or maintained on an Internet site
9without knowledge and consent of that person.
10    (b) As used in this Section:
11        (1) "Private material" means any photograph, video, or
12    digital image of a person in a state of nudity, in a state
13    of sexual excitement, or engaged in any act of sexual
14    conduct or sexual penetration.
15        (2) "Identifying information" means name, address,
16    telephone number, or e-mail address of a person that has
17    been placed on an Internet site in violation of Section
18    11-23 of the Criminal Code of 2012.".