093_HB0014

 
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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
 9    processor,  Internet service provider, or person who services
10    or repairs a computer  who  has  knowledge  of  or  observes,
11    within  the  scope  of  his  or  her professional capacity or
12    employment, any film,  photograph,  videotape,  negative,  or
13    slide,  or  computer  image  which  depicts  a child whom the
14    processor, Internet service provider, or person who  services
15    or  repairs  a computer knows or reasonably should know to be
16    under the 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
 
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 1    bound, fettered, or  subject  to  sadistic,  masochistic,  or
 2    sadomasochistic  abuse  in  any  sexual context; shall report
 3    such instance to a peace officer immediately or  as  soon  as
 4    possible.   Failure  to  make such report is shall be a petty
 5    business offense with a fine of $1,000.
 6        (b)  In this Section:
 7        "Computer" has the meaning  ascribed  to  it  in  Section
 8    16D-2 of this Code.
 9        "Internet"  means  an  interactive  computer  service  or
10    system  or an information service, system, or access software
11    provider that provides or enables computer access by multiple
12    users to a computer server, and includes, but is not  limited
13    to,  an  information  service,  system,  or  access  software
14    provider  that  provides  access to a network system commonly
15    known as the Internet, or any comparable  system  or  service
16    and  also  includes,  but is not limited to, a World Wide Web
17    page, newsgroup, message board, mailing list, or chat area on
18    any interactive computer service or system  or  other  online
19    service.
20        "Internet service provider" means an entity that provides
21    end user access to the Internet.
22    (Source: P.A. 84-1280.)