Full Text of SB2694 98th General Assembly
SB2694sam001 98TH GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 2/18/2014
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| 1 | | AMENDMENT TO SENATE BILL 2694
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2694 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 11-23 as follows:
| 6 | | (720 ILCS 5/11-23)
| 7 | | Sec. 11-23. Posting of identifying or graphic information | 8 | | on a pornographic
Internet site or possessing graphic | 9 | | information with pornographic material ; posting private | 10 | | material . | 11 | | (a) A person at least 17 years of age who knowingly | 12 | | discloses on an adult obscenity or
child
pornography Internet | 13 | | site the name, address, telephone number, or e-mail
address of | 14 | | a person
under 17 years of age at the time of the commission of
| 15 | | the offense or of a person at least 17 years of age without the | 16 | | consent of
the person at least 17 years of age is guilty of |
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| 1 | | posting of
identifying information on a pornographic Internet | 2 | | site.
| 3 | | (a-5) Any person who knowingly places, posts, reproduces, | 4 | | or maintains on an adult obscenity or child pornography | 5 | | Internet site a photograph, video, or digital image of a person | 6 | | under 18 years of age that is not child pornography under | 7 | | Section 11-20.1, without the knowledge and consent of the | 8 | | person under 18 years of age, is guilty of posting of graphic | 9 | | information on a pornographic Internet site. This provision | 10 | | applies even if the person under 18 years of age is fully or | 11 | | properly clothed in the photograph, video, or digital image. | 12 | | (a-10) Any person who knowingly places, posts, reproduces, | 13 | | or maintains on an adult obscenity or child pornography | 14 | | Internet site, or possesses with obscene or child pornographic | 15 | | material a photograph, video, or digital image of a person | 16 | | under 18 years of age in which the child is posed in a | 17 | | suggestive manner with the focus or concentration of the image | 18 | | on the child's clothed genitals, clothed pubic area, clothed | 19 | | buttocks area, or if the child is female, the breast exposed | 20 | | through transparent clothing, and the photograph, video, or | 21 | | digital image is not child pornography under Section 11-20.1, | 22 | | is guilty of posting of graphic information on a pornographic | 23 | | Internet site or possessing graphic information with | 24 | | pornographic material. | 25 | | (a-15) A person who knowingly places, posts, or reproduces | 26 | | on an Internet site a photograph, video, or digital image of a |
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| 1 | | person who is 18 years of age or older in a state of nudity, in | 2 | | a state of sexual excitement, or engaged in any act of sexual | 3 | | conduct or sexual penetration, without the knowledge and | 4 | | consent of that person, is guilty of posting private material. | 5 | | (b) Sentence. A person who violates subsection (a) of this | 6 | | Section is guilty of a Class 4
felony if the victim is at least | 7 | | 17 years of age at the time of the offense and
a
Class 3 felony | 8 | | if the victim is under 17 years of age at the time of the
| 9 | | offense. A person who violates subsection (a-5) or (a-15) of | 10 | | this Section is guilty of a Class 4 felony. A person who | 11 | | violates subsection (a-10) of this Section is guilty of a Class | 12 | | 3 felony.
| 13 | | (c) Definitions. For purposes of this Section:
| 14 | | (1) "Adult obscenity or child pornography Internet | 15 | | site" means a site on
the Internet that contains material | 16 | | that is obscene as defined in Section 11-20
of this Code or
| 17 | | that is child pornography as defined in Section 11-20.1 of | 18 | | this Code.
| 19 | | (2) "Internet" has the meaning set forth in Section | 20 | | 16-0.1 of this Code.
| 21 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| 22 | | Section 10. The Consumer Fraud and Deceptive Business | 23 | | Practices Act is amended by adding Section 2RRR as follows: | 24 | | (815 ILCS 505/2RRR new) |
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| 1 | | Sec. 2RRR. Removal of private material and identifying | 2 | | information. | 3 | | (a) It is an unlawful practice for any person engaged in | 4 | | placing, posting, publishing, reproducing, or maintaining an | 5 | | Internet site to solicit or accept the payment of a fee or | 6 | | other consideration for removal of a person's private material | 7 | | or identifying information, which has been placed, posted, | 8 | | published, reproduced, or maintained on an Internet site | 9 | | without knowledge and consent of that person. | 10 | | (b) As used in this Section: | 11 | | (1) "Private material" means any photograph, video, or | 12 | | digital image of a person in a state of nudity, in a state | 13 | | of sexual excitement, or engaged in any act of sexual | 14 | | conduct or sexual penetration. | 15 | | (2) "Identifying information" means name, address, | 16 | | telephone number, or e-mail address of a person that has | 17 | | been placed on an Internet site in violation of Section | 18 | | 11-23 of the Criminal Code of 2012. ".
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