HB5687ham002 95TH GENERAL ASSEMBLY

Rep. Maria Antonia Berrios

Filed: 4/23/2008

09500HB5687ham002 LRB095 19968 RLC 49680 a

AMENDMENT TO HOUSE BILL 5687

AMENDMENT NO. ______. Amend House Bill 5687, AS AMENDED, by replacing the introductory clause of Section 5 with the following:

"Section 5. The Criminal code of 1961 is amended by changing Sections 11-9.4, 11-21, 11-23, and 11-24 and by adding Sections 10-8.1 and 11-6.6 as follows:"; and

in paragraph (1) of subsection (b) of Sec. 10-8.1 of Section 5, by replacing "age; or" with "age, other than for a lawful purpose under Illinois law; or; and

in paragraph (2) of subsection (b) of Sec. 10-8.1 of Section 5, by replacing the period with ", other than for a lawful purpose under Illinois law."; and

by inserting after subsection (b) of Sec. 10-8.1 of Section 5 the following:

"(b-5) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section."; and

in subsection (a) of Sec. 11-6.6 of Section 5, by replacing "for other than a lawful purpose under Illinois law" with "for a purpose other than a lawful purpose under Illinois law"; and

in subsection (b-7) of Sec. 11-9.4 of Section 5 by inserting after "communicate" the following: ", other than for a lawful purpose under Illinois law"; and

by deleting all of Sec. 11-20.1 of Section 5; and

by inserting after subsection (g) of Sec. 11-21 of Section 5 the following:

"(h) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.

(720 ILCS 5/11-23)

Sec. 11-23. Posting of identifying or graphic information on a pornographic Internet site or possessing graphic information with pornographic material.

(a) A person at least 17 years of age who discloses on an adult obscenity or child pornography Internet site the name, address, telephone number, or e-mail address of a person under 17 years of age at the time of the commission of the offense or of a person at least 17 years of age without the consent of the person at least 17 years of age is guilty of the offense of posting of identifying information on a pornographic Internet site.

(a-5) Any person who places, posts, reproduces, or maintains on an adult obscenity or child pornography Internet site a photograph, video, or digital image of a person under 18 years of age that is not child pornography under Section 11-20.1, without the knowledge and consent of the person under 18 years of age, is guilty of the offense of posting of graphic information on a pornographic Internet site. This provision applies even if the person under 18 years of age is fully or properly clothed in the photograph, video, or digital image.

(a-10) Any person who places, posts, reproduces, or maintains on an adult obscenity or child pornography Internet site, or possesses with obscene or child pornographic material a photograph, video, or digital image of a person under 18 year of age in which the child is posed in a suggestive manner with the focus or concentration of the image on the child's clothed genitals, clothed pubic area, clothed buttocks area, or if the child is female, the breast exposed through transparent clothing, and the photograph, video, or digital image is not child pornography under Section 11-20.1, is guilty of posting of graphic information on a pornographic Internet site or possessing graphic information with pornographic material.

(b) Sentence. A person who violates subsection (a) of this Section is guilty of a Class 4 felony if the victim is at least 17 years of age at the time of the offense and a Class 3 felony if the victim is under 17 years of age at the time of the offense. A person who violates subsection (a-5) of this Section is guilty of a Class 4 felony. A person who violates subsection (a-10) of this Section is guilty of a Class 3 felony.

(c) Definitions. For purposes of this Section:

(1) "Adult obscenity or child pornography Internet site" means a site on the Internet that contains material that is obscene as defined in Section 11-20 of this Code or that is child pornography as defined in Section 11-20.1 of this Code.

(2) "Internet" includes the World Wide Web, electronic mail, a news group posting, or Internet file transfer.

(Source: P.A. 91-222, eff. 7-22-99.)"; and

by replacing all of subsection (b) of Sec. 11-24 with the following:

(b) It is unlawful for a child sex offender to knowingly:

(1) conduct or operate any type of business in which he or she photographs, videotapes, or takes a digital image of a child; or

(2) conduct or operate any type of business in which he or she instructs or directs another person to photograph, videotape, or take a digital image of a child; or .

(3) photograph, videotape, or take a digital image of a child, or instruct or direct another person to photograph, videotape, or take a digital image of a child without the consent of the parent or guardian."; and

by deleting the index.