Full Text of SB1009 98th General Assembly
SB1009ham002 98TH GENERAL ASSEMBLY | Rep. Scott Drury Filed: 11/19/2014
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| 1 | | AMENDMENT TO SENATE BILL 1009
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1009, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Criminal Code of 2012 is amended by adding | 6 | | Section 11-23.5 as follows: | 7 | | (720 ILCS 5/11-23.5 new) | 8 | | Sec. 11-23.5. Non-consensual dissemination of private | 9 | | sexual images. | 10 | | (a) Definitions. For the purposes of this Section: | 11 | | "Computer", "computer program", and "data" have the | 12 | | meanings ascribed to them in Section 17-0.5 of this Code. | 13 | | "Image" includes a photograph, film, videotape, | 14 | | digital recording, or other depiction or portrayal of an | 15 | | object, including a human body. | 16 | | "Intimate parts" means the fully unclothed, partially |
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| 1 | | unclothed or transparently clothed genitals, pubic area, | 2 | | anus, or if the person is female, a partially or fully | 3 | | exposed nipple, including exposure through transparent | 4 | | clothing. | 5 | | "Sexual act" means sexual penetration, masturbation, | 6 | | or sexual activity. | 7 | | "Sexual activity" means any: | 8 | | (1) knowing touching or fondling by the victim or | 9 | | another person or animal, either directly or through | 10 | | clothing, of the sex organs, anus, or breast of the | 11 | | victim or another person or animal for the purpose of | 12 | | sexual gratification or arousal; or | 13 | | (2) any transfer or transmission of semen upon any | 14 | | part of the clothed or unclothed body of the victim, | 15 | | for the purpose of sexual gratification or arousal of | 16 | | the victim or another; or | 17 | | (3) an act of urination within a sexual context; or | 18 | | (4) any bondage, fetter, or sadism masochism; or | 19 | | (5) sadomasochism abuse in any sexual context. | 20 | | (b) A person commits non-consensual dissemination of | 21 | | private sexual images when he or she: | 22 | | (1) intentionally disseminates an image of another | 23 | | person: | 24 | | (A) who is at least 18 years of age; and | 25 | | (B) who is identifiable from the image itself or | 26 | | information displayed in connection with the image; |
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| 1 | | and | 2 | | (C) who is engaged in a sexual act or whose | 3 | | intimate parts are exposed, in whole or in part; and | 4 | | (2) obtains the image under circumstances in which a | 5 | | reasonable person would know or understand that the image | 6 | | was to remain private; and | 7 | | (3) knows or should have known that the person in the | 8 | | image has not consented to the dissemination. | 9 | | (c) The following activities are exempt from the provisions | 10 | | of this Section: | 11 | | (1) 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 made for the purpose of a criminal investigation that is | 15 | | otherwise lawful. | 16 | | (2) 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 when the dissemination | 19 | | is for the purpose of, or in connection with, the reporting | 20 | | of unlawful conduct. | 21 | | (3) 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 images involve | 24 | | voluntary exposure in public or commercial settings. | 25 | | (4) The intentional dissemination of an image of | 26 | | another identifiable person who is engaged in a sexual act |
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| 1 | | or whose intimate parts are exposed when the dissemination | 2 | | serves a lawful public purpose. | 3 | | (d) Nothing in this Section shall be construed to impose | 4 | | liability upon the following entities solely as a result of | 5 | | content or information provided by another person: | 6 | | (1) an interactive computer service, as defined in 47 | 7 | | U.S.C. 230(f)(2); | 8 | | (2) a provider of public mobile services or private | 9 | | radio services, as defined in Section 13-214 of the Public | 10 | | Utilities Act; or | 11 | | (3) a telecommunications network or broadband | 12 | | provider. | 13 | | (e) A person convicted under this Section is subject to the | 14 | | forfeiture provisions in Article 124B of the Code of Criminal | 15 | | Procedure of 1963. | 16 | | (f) Sentence. Non-consensual dissemination of private | 17 | | sexual images is a Class 4 felony.
| 18 | | Section 10. The Code of Criminal Procedure of 1963 is | 19 | | amended by changing Sections 124B-10 and 124B-500 as follows:
| 20 | | (725 ILCS 5/124B-10)
| 21 | | Sec. 124B-10. Applicability; offenses. This Article | 22 | | applies to forfeiture of property in connection with the | 23 | | following: | 24 | | (1) A violation of Section 10-9 or 10A-10 of the |
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012 | 2 | | (involuntary servitude; involuntary servitude of a minor; | 3 | | or trafficking in persons). | 4 | | (2) A violation of subdivision (a)(1) of Section | 5 | | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | 6 | | of 2012 (promoting juvenile prostitution) or a violation of | 7 | | Section 11-17.1 of the Criminal Code of 1961 (keeping a | 8 | | place of juvenile prostitution). | 9 | | (3) A violation of subdivision (a)(4) of Section | 10 | | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | 11 | | of 2012 (promoting juvenile prostitution) or a violation of | 12 | | Section 11-19.2 of the Criminal Code of 1961 (exploitation | 13 | | of a child). | 14 | | (4) A second or subsequent violation of Section 11-20 | 15 | | of the Criminal Code of 1961 or the Criminal Code of 2012 | 16 | | (obscenity). | 17 | | (5) A violation of Section 11-20.1 of the Criminal Code | 18 | | of 1961 or the Criminal Code of 2012 (child pornography). | 19 | | (6) A violation of Section 11-20.1B or 11-20.3 of the | 20 | | Criminal Code of 1961 (aggravated child pornography). | 21 | | (6.5) A violation of Section 11-23.5 of the Criminal | 22 | | Code of 2012. | 23 | | (7) A violation of Section 12C-65 of the Criminal Code | 24 | | of 2012 or Article 44 of the Criminal Code of 1961 | 25 | | (unlawful transfer of a telecommunications device to a | 26 | | minor). |
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| 1 | | (8) A violation of Section 17-50 or Section 16D-5 of | 2 | | the Criminal Code of 2012 or the Criminal Code of 1961 | 3 | | (computer fraud). | 4 | | (9) A felony violation of Section 17-6.3 or Article 17B | 5 | | of the Criminal Code of 2012 or the Criminal Code of 1961 | 6 | | (WIC fraud). | 7 | | (10) A felony violation of Section 48-1 of the Criminal | 8 | | Code of 2012 or Section 26-5 of the Criminal Code of 1961 | 9 | | (dog fighting). | 10 | | (11) A violation of Article 29D of the Criminal Code of | 11 | | 1961 or the Criminal Code of 2012 (terrorism). | 12 | | (12) A felony violation of Section 4.01 of the Humane | 13 | | Care for Animals Act (animals in entertainment).
| 14 | | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; | 15 | | 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. | 16 | | 1-1-13; 97-1150, eff. 1-25-13.) | 17 | | (725 ILCS 5/124B-500) | 18 | | Sec. 124B-500. Persons and property subject to forfeiture. | 19 | | A person who commits the offense of child pornography , or | 20 | | aggravated child pornography , or non-consensual dissemination | 21 | | of private sexual images under Section 11-20.1, 11-20.1B, or | 22 | | 11-20.3 , or 11-23.5 of the Criminal Code of 1961 or the | 23 | | Criminal Code of 2012 shall forfeit the following property to | 24 | | the State
of Illinois: | 25 | | (1) Any profits or proceeds and any property the person |
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| 1 | | has acquired or maintained in violation of Section 11-20.1, | 2 | | 11-20.1B, or 11-20.3 , or 11-23.5 of the Criminal Code of | 3 | | 1961 or the Criminal Code of 2012 that the sentencing court | 4 | | determines, after a forfeiture hearing under this Article, | 5 | | to have been acquired or maintained as a result of child | 6 | | pornography , or aggravated child pornography , or | 7 | | non-consensual dissemination of private sexual images . | 8 | | (2) Any interest in, securities of, claim against, or | 9 | | property or contractual right of any kind affording a | 10 | | source of influence over any enterprise that the person has | 11 | | established, operated, controlled, or conducted in | 12 | | violation of Section 11-20.1, 11-20.1B, or 11-20.3 , or | 13 | | 11-23.5 of the Criminal Code of 1961 or the Criminal Code | 14 | | of 2012 that the sentencing court determines, after a | 15 | | forfeiture hearing under this Article, to have been | 16 | | acquired or maintained as a result of child pornography , or | 17 | | aggravated child pornography , or non-consensual | 18 | | dissemination of private sexual images . | 19 | | (3) Any computer that contains a depiction of child | 20 | | pornography in any encoded or decoded format in violation | 21 | | of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal | 22 | | Code of 1961 or the Criminal Code of 2012. For purposes of | 23 | | this paragraph (3), "computer" has the meaning ascribed to | 24 | | it in Section 17-0.5 of the Criminal Code of 2012.
| 25 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15 .)".
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