Full Text of HB4320 98th General Assembly
HB4320 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4320 Introduced , by Rep. Scott Drury SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/11-46 new | | 725 ILCS 5/124B-10 | | 725 ILCS 5/124B-500 | |
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Amends the Criminal Code of 2012 and the Code of Criminal Procedure of 1963. Creates the offense of sexual exploitation via non-consensual dissemination of a sexual act or intimate parts. Provides that a person commits the offense when he or she: (1) intentionally disseminates an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed; and (2) the person knows or should have known the other person has not consented to the disclosure. Provides exemptions. Provides that a violation is a Class 4 felony. Provides that the penalty is a Class 1 felony if the victim, at the time the offense is committed, is a person under 18 years of age or is severally or profoundly mentally retarded or if the violation is committed by a person who is required to register as a sex offender under the Sex Offender Registration Act. Provides for forfeiture of property derived from the proceeds of the offense.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning 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 2012 is amended by adding | 5 | | Section 11-46 as follows: | 6 | | (720 ILCS 5/11-46 new) | 7 | | Sec. 11-46. Sexual exploitation via non-consensual | 8 | | dissemination of a sexual act or intimate parts. | 9 | | (a) Definitions. For the purposes of this Section: | 10 | | "Computer", "computer program", and "data" have the | 11 | | meanings ascribed to them in Section 17-0.5 of this Code. | 12 | | "Depiction by computer" means a computer program or data | 13 | | that, after being processed by a computer either alone or in | 14 | | conjunction with one or more computer programs, results in a | 15 | | visual depiction on a computer monitor, screen, or display. | 16 | | "Disseminate" means: | 17 | | (1) to sell, distribute, exchange, or transfer | 18 | | possession, with or without consideration; or | 19 | | (2) to make a depiction by computer available for | 20 | | distribution or downloading through the facilities of a | 21 | | telecommunications network or through any other means of | 22 | | transferring computer programs or data to a computer. | 23 | | "Image" includes a photograph, film, videotape, digital |
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| 1 | | recording, or other depiction or portrayal of an object, | 2 | | including a human body. | 3 | | "Intimate parts" means the unclothed genitals, pubic area, | 4 | | buttocks, or if the person is female, an unclothed fully or | 5 | | partially developed breast. | 6 | | "Sexual act" means: | 7 | | (1) masturbation; | 8 | | (2) sexual conduct or sexual penetration as defined in | 9 | | Section 11-0.1 of this Code; | 10 | | (3) any act of lewd fondling, touching, or caressing | 11 | | involving another person or animal; or | 12 | | (4) any act of excretion or urination within a sexual | 13 | | context. | 14 | | (b) A person commits sexual exploitation via | 15 | | non-consensual dissemination of a sexual act or intimate parts | 16 | | when he or she: | 17 | | (1) intentionally disseminates an image of another | 18 | | identifiable person who is engaged in a sexual act or whose | 19 | | intimate parts are exposed; and | 20 | | (2) the person knows or should have known the other | 21 | | person has not consented to the dissemination. | 22 | | (c) Exemptions. The following activities are exempt from | 23 | | the provisions of this Section. | 24 | | (1) The intentional dissemination of an image of | 25 | | another identifiable person who is engaged in a sexual act | 26 | | or whose intimate parts are exposed when the dissemination |
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| 1 | | is made under a criminal investigation that is otherwise | 2 | | lawful. | 3 | | (2) The intentional dissemination of an image of | 4 | | another identifiable person who is engaged in a sexual act | 5 | | or whose intimate parts are exposed when the dissemination | 6 | | is for the purpose of, or in connection with, the reporting | 7 | | of unlawful conduct. | 8 | | (3) The intentional dissemination of an image of | 9 | | another identifiable person who is engaged in a sexual act | 10 | | or whose intimate parts are exposed where the images | 11 | | involve voluntary exposure in public or commercial | 12 | | settings. | 13 | | (4) The intentional dissemination of an image of | 14 | | another identifiable person who is engaged in a sexual act | 15 | | or whose intimate parts are exposed when the dissemination | 16 | | serves a lawful public purpose. | 17 | | (d) Sentence.
Sexual exploitation via non-consensual | 18 | | dissemination of a sexual act or intimate parts is a Class 4 | 19 | | felony, except sexual exploitation via non-consensual | 20 | | dissemination of a sexual act or intimate parts is a Class 1 | 21 | | felony if: (1) the victim, at the time the offense is | 22 | | committed, is a person under 18 years of age or severely or | 23 | | profoundly mentally retarded, or (2) the violation is committed | 24 | | by a person who is required to register as a sex offender under | 25 | | the Sex Offender Registration Act. | 26 | | (e) Forfeiture. A person convicted under this Section is |
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| 1 | | subject to the forfeiture provisions in Article 124B of the | 2 | | Code of Criminal Procedure of 1963.
| 3 | | Section 10. The Code of Criminal Procedure of 1963 is | 4 | | amended by changing Sections 124B-10 and 124B-500 as follows:
| 5 | | (725 ILCS 5/124B-10)
| 6 | | Sec. 124B-10. Applicability; offenses. This Article | 7 | | applies to forfeiture of property in connection with the | 8 | | following: | 9 | | (1) A violation of Section 10-9 or 10A-10 of the | 10 | | Criminal Code of 1961 or the Criminal Code of 2012 | 11 | | (involuntary servitude; involuntary servitude of a minor; | 12 | | or trafficking in persons). | 13 | | (2) A violation of subdivision (a)(1) of Section | 14 | | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | 15 | | of 2012 (promoting juvenile prostitution) or a violation of | 16 | | Section 11-17.1 of the Criminal Code of 1961 (keeping a | 17 | | place of juvenile prostitution). | 18 | | (3) A violation of subdivision (a)(4) of Section | 19 | | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | 20 | | of 2012 (promoting juvenile prostitution) or a violation of | 21 | | Section 11-19.2 of the Criminal Code of 1961 (exploitation | 22 | | of a child). | 23 | | (4) A second or subsequent violation of Section 11-20 | 24 | | of the Criminal Code of 1961 or the Criminal Code of 2012 |
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| 1 | | (obscenity). | 2 | | (5) A violation of Section 11-20.1 of the Criminal Code | 3 | | of 1961 or the Criminal Code of 2012 (child pornography). | 4 | | (6) A violation of Section 11-20.1B or 11-20.3 of the | 5 | | Criminal Code of 1961 (aggravated child pornography). | 6 | | (6.5) A violation of Section 11-46 of the Criminal Code | 7 | | of 2012. | 8 | | (7) A violation of Section 12C-65 of the Criminal Code | 9 | | of 2012 or Article 44 of the Criminal Code of 1961 | 10 | | (unlawful transfer of a telecommunications device to a | 11 | | minor). | 12 | | (8) A violation of Section 17-50 or Section 16D-5 of | 13 | | the Criminal Code of 2012 or the Criminal Code of 1961 | 14 | | (computer fraud). | 15 | | (9) A felony violation of Section 17-6.3 or Article 17B | 16 | | of the Criminal Code of 2012 or the Criminal Code of 1961 | 17 | | (WIC fraud). | 18 | | (10) A felony violation of Section 48-1 of the Criminal | 19 | | Code of 2012 or Section 26-5 of the Criminal Code of 1961 | 20 | | (dog fighting). | 21 | | (11) A violation of Article 29D of the Criminal Code of | 22 | | 1961 or the Criminal Code of 2012 (terrorism). | 23 | | (12) A felony violation of Section 4.01 of the Humane | 24 | | Care for Animals Act (animals in entertainment).
| 25 | | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; | 26 | | 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. |
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| 1 | | 1-1-13; 97-1150, eff. 1-25-13.) | 2 | | (725 ILCS 5/124B-500) | 3 | | Sec. 124B-500. Persons and property subject to forfeiture. | 4 | | A person who commits the offense of promoting juvenile | 5 | | prostitution, keeping a place of juvenile prostitution, | 6 | | exploitation of a child, child pornography, or aggravated child | 7 | | pornography , or sexual exploitation via non-consensual | 8 | | dissemination of a sexual act or intimate parts under | 9 | | subdivision (a)(1) or (a)(4) of Section 11-14.4 or under | 10 | | Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 , or | 11 | | 11-46 of the Criminal Code of 1961 or the Criminal Code of 2012 | 12 | | shall forfeit the following property to the State
of Illinois: | 13 | | (1) Any profits or proceeds and any property the person | 14 | | has acquired or maintained in violation of subdivision | 15 | | (a)(1) or (a)(4) of Section 11-14.4 or in violation of | 16 | | Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 , | 17 | | or 11-46 of the Criminal Code of 1961 or the Criminal Code | 18 | | of 2012 that the sentencing court determines, after a | 19 | | forfeiture hearing under this Article, to have been | 20 | | acquired or maintained as a result of keeping a place of | 21 | | juvenile prostitution, exploitation of a child, child | 22 | | pornography, or aggravated child pornography , or sexual | 23 | | exploitation via non-consensual dissemination of a sexual | 24 | | act or intimate parts . | 25 | | (2) Any interest in, securities of, claim against, or |
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| 1 | | property or contractual right of any kind affording a | 2 | | source of influence over any enterprise that the person has | 3 | | established, operated, controlled, or conducted in | 4 | | violation of subdivision (a)(1) or (a)(4) of Section | 5 | | 11-14.4 or in violation of Section 11-17.1, 11-19.2, | 6 | | 11-20.1, 11-20.1B, or 11-20.3 , or 11-46 of the Criminal | 7 | | Code of 1961 or the Criminal Code of 2012 that the | 8 | | sentencing court determines, after a forfeiture hearing | 9 | | under this Article, to have been acquired or maintained as | 10 | | a result of keeping a place of juvenile prostitution, | 11 | | exploitation of a child, child pornography, or aggravated | 12 | | child pornography , or sexual exploitation via | 13 | | non-consensual dissemination of a sexual act or intimate | 14 | | parts . | 15 | | (3) Any computer that contains a depiction of child | 16 | | pornography in any encoded or decoded format in violation | 17 | | of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal | 18 | | Code of 1961 or the Criminal Code of 2012. For purposes of | 19 | | this paragraph (3), "computer" has the meaning ascribed to | 20 | | it in Section 17-0.5 of the Criminal Code of 2012.
| 21 | | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; | 22 | | 97-1150, eff. 1-25-13.)
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