093_HB0014eng

 
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 1        AN ACT in relation to criminal law.

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

 4        Section 5. The  Criminal  Code  of  1961  is  amended  by
 5    changing Section 11-20.2 as follows:

 6        (720 ILCS 5/11-20.2) (from Ch. 38, par. 11-20.2)
 7        Sec. 11-20.2.  Images of child pornography.
 8        (a)  Any commercial film and photographic print processor
 9    or  person  whose  principal business is to service or repair
10    computers who has knowledge of or observes, within the  scope
11    of  his or her professional capacity or employment, any film,
12    photograph, videotape, negative, or slide, or computer  image
13    which  depicts  a  child  whom  the processor or person whose
14    principal  business  is  to  service  or   repair   computers
15    determines  knows  or  reasonably should know to be under the
16    age of 18 where such child is:
17        (i)  actually or by simulation  engaged  in  any  act  of
18    sexual intercourse with any person or animal; or
19        (ii)  actually  or  by  simulation  engaged in any act of
20    sexual contact involving the sex organs of the child and  the
21    mouth,  anus,  or  sex organs of another person or animal; or
22    which involves the mouth, anus or sex organs of the child and
23    the sex organs of another person or animal; or
24        (iii)  actually or by simulation engaged in  any  act  of
25    masturbation; or
26        (iv)  actually  or  by  simulation portrayed as being the
27    object of, or otherwise engaged in, any act of lewd fondling,
28    touching, or caressing involving another person or animal; or
29        (v)  actually or by simulation  engaged  in  any  act  of
30    excretion or urination within a sexual context; or
31        (vi)  actually  or by simulation portrayed or depicted as
 
HB0014 Engrossed            -2-      LRB093 02624 WGH 02634 b
 1    bound, fettered, or  subject  to  sadistic,  masochistic,  or
 2    sadomasochistic  abuse  in  any  sexual context; shall report
 3    such instance to an appropriate State, local, or federal  law
 4    enforcement  agency or to a federal law enforcement agency as
 5    defined under 18 U.S.C.  2252.   For  the  purposes  of  this
 6    Section,  actual  notice  shall  mean  written  or electronic
 7    notification received by the appropriate  department  of  the
 8    Interactive   computer   service  provider  a  peace  officer
 9    immediately or as soon as possible.   Failure  to  make  such
10    report  is  shall  be a petty business offense with a fine of
11    $1,000.
12        (a-5)  A  commercial  computer   technician,   management
13    information   technician,  or  Interactive  computer  service
14    employee shall  be  forever  held  harmless  from  any  civil
15    liability  for  his  or  her  reasonable  compliance with the
16    provisions of the Section,  except  for  willful  and  wanton
17    behavior.
18        (b)  In this Section:
19        "Computer"  has  the  meaning  ascribed  to it in Section
20    16D-2 of this Code.
21        "Internet" means the international  computer  network  of
22    both  federal  and  non-federal interoperable packet switched
23    data networks, and also includes, but is not  limited  to,  a
24    World  Wide Web page, newsgroup, message board, mailing list,
25    or chat area on any Interactive computer service or system or
26    other inline service.
27        "Interactive computer service" means  any  service  whose
28    principal  business  is  to provide or enable computer access
29    via the Internet by multiple users to a  computer  server  or
30    similar device used for storage of graphic, video, or images.
31    (Source: P.A. 84-1280.)