Full Text of HB4320 98th General Assembly
HB4320ham001 98TH GENERAL ASSEMBLY | Rep. Scott Drury Filed: 3/5/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4320
| 2 | | AMENDMENT NO. ______. Amend House Bill 4320 by replacing | 3 | | everything after the enacting clause with the following:
| 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: |
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| 1 | | (1) to sell, distribute, exchange, or transfer | 2 | | possession, with or without consideration; or | 3 | | (2) to make a depiction by computer available for | 4 | | distribution or downloading through the facilities of a | 5 | | telecommunications network or through any other means of | 6 | | transferring computer programs or data to a computer. | 7 | | "Image" includes a photograph, film, videotape, digital | 8 | | recording, or other depiction or portrayal of an object, | 9 | | including a human body. | 10 | | "Intimate parts" means the unclothed genitals, pubic area, | 11 | | buttocks, or if the person is female, an unclothed fully or | 12 | | partially developed breast. | 13 | | "Sexual act" means: | 14 | | (1) actually or by simulation engaged in any act of | 15 | | sexual penetration or sexual
conduct with any person or | 16 | | animal; | 17 | | (2) actually or by simulation engaged in any act of | 18 | | sexual penetration or sexual
conduct involving the sex | 19 | | organs of the victim and the mouth, anus, or sex organs of | 20 | | another
person or animal; or which involves the mouth, | 21 | | anus, or sex organs of the victim and the sex
organs of | 22 | | another person or animal; | 23 | | (3) actually or by simulation engaged in any act of | 24 | | masturbation; | 25 | | (4) actually or by simulation portrayed as being the | 26 | | object of, or otherwise engaged
in, any act of lewd |
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| 1 | | fondling, touching, or caressing involving another person | 2 | | or animal; | 3 | | (5) actually or by simulation engaged in any act of | 4 | | excretion or urination within a
sexual context; | 5 | | (6) actually or by simulation portrayed or depicted as | 6 | | bound, fettered, or subject to
sadistic, masochistic, or | 7 | | sadomasochistic abuse in any sexual context; or | 8 | | (7) depicted or portrayed in any pose, posture, or | 9 | | setting involving a lewd exhibition
of the unclothed or | 10 | | transparently clothed genitals, pubic area, buttocks, or, | 11 | | if the person is
female, a fully or partially developed | 12 | | breast. | 13 | | (b) A person commits sexual exploitation via | 14 | | non-consensual dissemination of a sexual act or intimate parts | 15 | | when he or she: | 16 | | (1) intentionally disseminates an image of another | 17 | | person: | 18 | | (A) who is at least 18 years of age; | 19 | | (B) who is identifiable from the image itself or | 20 | | information displayed in connection with the image; | 21 | | and | 22 | | (C) who is engaged in a sexual act or whose | 23 | | intimate parts are exposed; and | 24 | | (2) the person disseminating the image: | 25 | | (A) obtained it under circumstances in which a | 26 | | reasonable person would know or understand that the |
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| 1 | | image was to remain private; and | 2 | | (B) knows or should have known that the person in | 3 | | the image has not consented to the dissemination. | 4 | | (c) Exemptions. The following activities are exempt from | 5 | | the provisions of this Section. | 6 | | (1) The intentional dissemination of an image of | 7 | | another identifiable person who is engaged in a sexual act | 8 | | or whose intimate parts are exposed when the dissemination | 9 | | is made under a criminal investigation that is otherwise | 10 | | lawful. | 11 | | (2) The intentional dissemination of an image of | 12 | | another identifiable person who is engaged in a sexual act | 13 | | or whose intimate parts are exposed when the dissemination | 14 | | is for the purpose of, or in connection with, the reporting | 15 | | of unlawful conduct. | 16 | | (3) The intentional dissemination of an image of | 17 | | another identifiable person who is engaged in a sexual act | 18 | | or whose intimate parts are exposed where the images | 19 | | involve voluntary exposure in public or commercial | 20 | | settings. | 21 | | (4) The intentional dissemination of an image of | 22 | | another identifiable person who is engaged in a sexual act | 23 | | or whose intimate parts are exposed when the dissemination | 24 | | serves a lawful public purpose. | 25 | | (d) Service providers. Nothing in this Section shall be | 26 | | construed to impose liability upon the following entities |
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| 1 | | solely as a result of content or information provided by | 2 | | another person: | 3 | | (1) an interactive computer service, as defined in 47 | 4 | | U.S.C. 230(f)(2); | 5 | | (2) a provider of public or private mobile service, as | 6 | | defined in Section 13-214 of the Public Utilities Act; or | 7 | | (3) a telecommunications network provider. | 8 | | (e) Sentence.
Sexual exploitation via non-consensual | 9 | | dissemination of a sexual act or intimate parts is a Class 3 | 10 | | felony. | 11 | | (f) Forfeiture. A person convicted under this Section is | 12 | | subject to the forfeiture provisions in Article 124B of the | 13 | | Code of Criminal Procedure of 1963.
| 14 | | Section 10. The Code of Criminal Procedure of 1963 is | 15 | | amended by changing Sections 124B-10 and 124B-500 as follows:
| 16 | | (725 ILCS 5/124B-10)
| 17 | | Sec. 124B-10. Applicability; offenses. This Article | 18 | | applies to forfeiture of property in connection with the | 19 | | following: | 20 | | (1) A violation of Section 10-9 or 10A-10 of the | 21 | | Criminal Code of 1961 or the Criminal Code of 2012 | 22 | | (involuntary servitude; involuntary servitude of a minor; | 23 | | or trafficking in persons). | 24 | | (2) A violation of subdivision (a)(1) of Section |
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| 1 | | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | 2 | | of 2012 (promoting juvenile prostitution) or a violation of | 3 | | Section 11-17.1 of the Criminal Code of 1961 (keeping a | 4 | | place of juvenile prostitution). | 5 | | (3) A violation of subdivision (a)(4) of Section | 6 | | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | 7 | | of 2012 (promoting juvenile prostitution) or a violation of | 8 | | Section 11-19.2 of the Criminal Code of 1961 (exploitation | 9 | | of a child). | 10 | | (4) A second or subsequent violation of Section 11-20 | 11 | | of the Criminal Code of 1961 or the Criminal Code of 2012 | 12 | | (obscenity). | 13 | | (5) A violation of Section 11-20.1 of the Criminal Code | 14 | | of 1961 or the Criminal Code of 2012 (child pornography). | 15 | | (6) A violation of Section 11-20.1B or 11-20.3 of the | 16 | | Criminal Code of 1961 (aggravated child pornography). | 17 | | (6.5) A violation of Section 11-46 of the Criminal Code | 18 | | of 2012. | 19 | | (7) A violation of Section 12C-65 of the Criminal Code | 20 | | of 2012 or Article 44 of the Criminal Code of 1961 | 21 | | (unlawful transfer of a telecommunications device to a | 22 | | minor). | 23 | | (8) A violation of Section 17-50 or Section 16D-5 of | 24 | | the Criminal Code of 2012 or the Criminal Code of 1961 | 25 | | (computer fraud). | 26 | | (9) A felony violation of Section 17-6.3 or Article 17B |
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| 1 | | of the Criminal Code of 2012 or the Criminal Code of 1961 | 2 | | (WIC fraud). | 3 | | (10) A felony violation of Section 48-1 of the Criminal | 4 | | Code of 2012 or Section 26-5 of the Criminal Code of 1961 | 5 | | (dog fighting). | 6 | | (11) A violation of Article 29D of the Criminal Code of | 7 | | 1961 or the Criminal Code of 2012 (terrorism). | 8 | | (12) A felony violation of Section 4.01 of the Humane | 9 | | Care for Animals Act (animals in entertainment).
| 10 | | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; | 11 | | 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. | 12 | | 1-1-13; 97-1150, eff. 1-25-13.) | 13 | | (725 ILCS 5/124B-500) | 14 | | Sec. 124B-500. Persons and property subject to forfeiture. | 15 | | A person who commits the offense of promoting juvenile | 16 | | prostitution, keeping a place of juvenile prostitution, | 17 | | exploitation of a child, child pornography, or aggravated child | 18 | | pornography , or sexual exploitation via non-consensual | 19 | | dissemination of a sexual act or intimate parts under | 20 | | subdivision (a)(1) or (a)(4) of Section 11-14.4 or under | 21 | | Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 , or | 22 | | 11-46 of the Criminal Code of 1961 or the Criminal Code of 2012 | 23 | | shall forfeit the following property to the State
of Illinois: | 24 | | (1) Any profits or proceeds and any property the person | 25 | | has acquired or maintained in violation of subdivision |
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| 1 | | (a)(1) or (a)(4) of Section 11-14.4 or in violation of | 2 | | Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 , | 3 | | or 11-46 of the Criminal Code of 1961 or the Criminal Code | 4 | | of 2012 that the sentencing court determines, after a | 5 | | forfeiture hearing under this Article, to have been | 6 | | acquired or maintained as a result of keeping a place of | 7 | | juvenile prostitution, exploitation of a child, child | 8 | | pornography, or aggravated child pornography , or sexual | 9 | | exploitation via non-consensual dissemination of a sexual | 10 | | act or intimate parts . | 11 | | (2) Any interest in, securities of, claim against, or | 12 | | property or contractual right of any kind affording a | 13 | | source of influence over any enterprise that the person has | 14 | | established, operated, controlled, or conducted in | 15 | | violation of subdivision (a)(1) or (a)(4) of Section | 16 | | 11-14.4 or in violation of Section 11-17.1, 11-19.2, | 17 | | 11-20.1, 11-20.1B, or 11-20.3 , or 11-46 of the Criminal | 18 | | Code of 1961 or the Criminal Code of 2012 that the | 19 | | sentencing court determines, after a forfeiture hearing | 20 | | under this Article, to have been acquired or maintained as | 21 | | a result of keeping a place of juvenile prostitution, | 22 | | exploitation of a child, child pornography, or aggravated | 23 | | child pornography , or sexual exploitation via | 24 | | non-consensual dissemination of a sexual act or intimate | 25 | | parts . | 26 | | (3) Any computer that contains a depiction of child |
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| 1 | | pornography in any encoded or decoded format in violation | 2 | | of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal | 3 | | Code of 1961 or the Criminal Code of 2012. For purposes of | 4 | | this paragraph (3), "computer" has the meaning ascribed to | 5 | | it in Section 17-0.5 of the Criminal Code of 2012.
| 6 | | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; | 7 | | 97-1150, eff. 1-25-13.)".
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