Illinois General Assembly - Full Text of SB2567
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Full Text of SB2567  102nd General Assembly

SB2567 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2567

 

Introduced 2/26/2021, by Sen. Melinda Bush

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-0.1
720 ILCS 5/11-1.60  was 720 ILCS 5/12-16
720 ILCS 5/11-1.70  was 720 ILCS 5/12-17
720 ILCS 5/11-20.1  from Ch. 38, par. 11-20.1
720 ILCS 5/26-4  from Ch. 38, par. 26-4

    Amends the Criminal Code of 2012. Provides that it is unlawful for any person to knowingly make a video record or transmit live video of another's intimate parts. Provides that in any criminal proceeding, any property or material that constitutes child pornography shall remain in the care, custody, and control of either the State or the court. Determines when a victim is considered unable to give knowing consent. Defines terms. Makes other changes.


LRB102 16570 KMF 21967 b

 

 

A BILL FOR

 

SB2567LRB102 16570 KMF 21967 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Sections 11-0.1, 11-1.60, 11-20.1, 11-1.70, and 26-4
6as follows:
 
7    (720 ILCS 5/11-0.1)
8    Sec. 11-0.1. Definitions. In this Article, unless the
9context clearly requires otherwise, the following terms are
10defined as indicated:
11    "Accused" means a person accused of an offense prohibited
12by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
13this Code or a person for whose conduct the accused is legally
14responsible under Article 5 of this Code.
15    "Adult obscenity or child pornography Internet site". See
16Section 11-23.
17    "Advance prostitution" means:
18        (1) Soliciting for a prostitute by performing any of
19    the following acts when acting other than as a prostitute
20    or a patron of a prostitute:
21            (A) Soliciting another for the purpose of
22        prostitution.
23            (B) Arranging or offering to arrange a meeting of

 

 

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1        persons for the purpose of prostitution.
2            (C) Directing another to a place knowing the
3        direction is for the purpose of prostitution.
4        (2) Keeping a place of prostitution by controlling or
5    exercising control over the use of any place that could
6    offer seclusion or shelter for the practice of
7    prostitution and performing any of the following acts when
8    acting other than as a prostitute or a patron of a
9    prostitute:
10            (A) Knowingly granting or permitting the use of
11        the place for the purpose of prostitution.
12            (B) Granting or permitting the use of the place
13        under circumstances from which he or she could
14        reasonably know that the place is used or is to be used
15        for purposes of prostitution.
16            (C) Permitting the continued use of the place
17        after becoming aware of facts or circumstances from
18        which he or she should reasonably know that the place
19        is being used for purposes of prostitution.
20    "Agency". See Section 11-9.5.
21    "Arranges". See Section 11-6.5.
22    "Bodily harm" means physical harm, and includes, but is
23not limited to, sexually transmitted disease, pregnancy, and
24impotence.
25    "Care and custody". See Section 11-9.5.
26    "Child care institution". See Section 11-9.3.

 

 

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1    "Child pornography". See Section 11-20.1.
2    "Child sex offender". See Section 11-9.3.
3    "Community agency". See Section 11-9.5.
4    "Conditional release". See Section 11-9.2.
5    "Consent" means a freely given agreement to the act of
6sexual penetration or sexual conduct in question. Lack of
7verbal or physical resistance or submission by the victim
8resulting from the use of force or threat of force by the
9accused shall not constitute consent. The manner of dress of
10the victim at the time of the offense shall not constitute
11consent. See Section 11-1.70.
12    "Custody". See Section 11-9.2.
13    "Day care center". See Section 11-9.3.
14    "Depict by computer". See Section 11-20.1.
15    "Depiction by computer". See Section 11-20.1.
16    "Disseminate". See Section 11-20.1.
17    "Distribute". See Section 11-21.
18    "Family member" means a parent, grandparent, child, aunt,
19uncle, great-aunt, or great-uncle, whether by whole blood,
20half-blood, or adoption, and includes a step-grandparent,
21step-parent, or step-child. "Family member" also means, if the
22victim is a child under 18 years of age, an accused who has
23resided in the household with the child continuously for at
24least 6 months.
25    "Force or threat of force" means the use of force or
26violence or the threat of force or violence, including, but

 

 

SB2567- 4 -LRB102 16570 KMF 21967 b

1not limited to, the following situations:
2        (1) when the accused threatens to use force or
3    violence on the victim or on any other person, and the
4    victim under the circumstances reasonably believes that
5    the accused has the ability to execute that threat; or
6        (2) when the accused overcomes the victim by use of
7    superior strength or size, physical restraint, or physical
8    confinement.
9    "Harmful to minors". See Section 11-21.
10    "Loiter". See Section 9.3.
11    "Material". See Section 11-21.
12    "Minor". See Section 11-21.
13    "Nudity". See Section 11-21.
14    "Obscene". See Section 11-20.
15    "Part day child care facility". See Section 11-9.3.
16    "Penal system". See Section 11-9.2.
17    "Person responsible for the child's welfare". See Section
1811-9.1A.
19    "Person with a disability". See Section 11-9.5.
20    "Playground". See Section 11-9.3.
21    "Probation officer". See Section 11-9.2.
22    "Produce". See Section 11-20.1.
23    "Profit from prostitution" means, when acting other than
24as a prostitute, to receive anything of value for personally
25rendered prostitution services or to receive anything of value
26from a prostitute, if the thing received is not for lawful

 

 

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1consideration and the person knows it was earned in whole or in
2part from the practice of prostitution.
3    "Public park". See Section 11-9.3.
4    "Public place". See Section 11-30.
5    "Reproduce". See Section 11-20.1.
6    "Sado-masochistic abuse". See Section 11-21.
7    "School". See Section 11-9.3.
8    "School official". See Section 11-9.3.
9    "Sexual abuse". See Section 11-9.1A.
10    "Sexual act". See Section 11-9.1.
11    "Sexual conduct" means any knowing touching or fondling by
12the victim or the accused, either directly or through
13clothing, of the sex organs, anus, or breast of the victim or
14the accused, or any part of the body of a child under 13 years
15of age, or any transfer or transmission of semen by the accused
16upon any part of the clothed or unclothed body of the victim,
17for the purpose of sexual gratification or arousal of the
18victim or the accused.
19    "Sexual excitement". See Section 11-21.
20    "Sexual penetration" means any contact, however slight,
21between the sex organ or anus of one person and an object or
22the sex organ, mouth, or anus of another person, or any
23intrusion, however slight, of any part of the body of one
24person or of any animal or object into the sex organ or anus of
25another person, including, but not limited to, cunnilingus,
26fellatio, or anal penetration. Evidence of emission of semen

 

 

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1is not required to prove sexual penetration.
2    "Solicit". See Section 11-6.
3    "State-operated facility". See Section 11-9.5.
4    "Supervising officer". See Section 11-9.2.
5    "Surveillance agent". See Section 11-9.2.
6    "Treatment and detention facility". See Section 11-9.2.
7    "Unable to give knowing consent" includes when the accused
8administers any intoxicating or anesthetic substance, or any
9controlled substance causing the victim to become unconscious
10of the nature of the act and this condition was known, or
11reasonably should have been known by the accused. As used in
12this paragraph, "unconscious of the nature of the act" means
13incapable of resisting because the victim meets any one of the
14following conditions:
15        (1) was unconscious or asleep;
16        (2) was not aware, knowing, perceiving, or cognizant
17    that the act occurred;
18        (3) was not aware, knowing, perceiving, or cognizant
19    of the essential characteristics of the act due to the
20    perpetrator's fraud in fact; or
21        (4) was not aware, knowing, perceiving, or cognizant
22    of the essential characteristics of the act due to the
23    perpetrator's fraudulent representation that the sexual
24    penetration served a professional purpose when it served
25    no professional purpose.
26    A victim is presumed "unable to give knowing consent" when

 

 

SB2567- 7 -LRB102 16570 KMF 21967 b

1the victim:
2        (1) is committed to the care and custody or
3    supervision of the Illinois Department of Corrections
4    (IDOC) and the accused is an employee or volunteer who is
5    not married to the victim who knows or reasonably should
6    know that the victim is committed to the care and custody
7    or supervision of such department;
8        (2) is committed to or placed with the Department of
9    Child and Family Services (DCFS) and in residential care,
10    and the accused employee is not married to the victim, and
11    knows or reasonably should know that the victim is
12    committed to or placed with DCFS and in residential care;
13        (3) is a client or patient and the accused is a health
14    care provider or mental health care provider and the
15    sexual conduct or sexual penetration occurs during a
16    treatment session, consultation, interview, or
17    examination;
18        (4) is a resident or inpatient of a residential
19    facility and the accused is an employee of the facility
20    who is not married to such resident or inpatient who
21    provides direct care services, case management services,
22    medical or other clinical services, habilitative services
23    or direct supervision of the residents in the facility in
24    which the resident resides; or an officer or other
25    employee, consultant, contractor or volunteer of the
26    residential facility, who knows or reasonably should know

 

 

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1    that the person is a resident of such facility; or
2        (5) is detained or otherwise in the custody of a
3    police officer, peace officer, or other law enforcement
4    official who: (i) is detaining or maintaining custody of
5    such person; or (ii) knows, or reasonably should know,
6    that at the time of the offense, such person was detained
7    or in custody and the police officer, peace officer, or
8    other law enforcement official is not married to such
9    detainee.
10    "Victim" means a person alleging to have been subjected to
11an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
1211-1.50, or 11-1.60 of this Code.
13(Source: P.A. 96-1551, eff. 7-1-11.)
 
14    (720 ILCS 5/11-1.60)  (was 720 ILCS 5/12-16)
15    Sec. 11-1.60. Aggravated criminal sexual abuse.
16    (a) A person commits aggravated criminal sexual abuse if
17that person commits criminal sexual abuse and any of the
18following aggravating circumstances exist (i) during the
19commission of the offense or (ii) for purposes of paragraph
20(7), as part of the same course of conduct as the commission of
21the offense:
22        (1) the person displays, threatens to use, or uses a
23    dangerous weapon or any other object fashioned or used in
24    a manner that leads the victim, under the circumstances,
25    reasonably to believe that the object is a dangerous

 

 

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1    weapon;
2        (2) the person causes bodily harm to the victim;
3        (3) the victim is 60 years of age or older;
4        (4) the victim is a person with a physical disability;
5        (5) the person acts in a manner that threatens or
6    endangers the life of the victim or any other person;
7        (6) the person commits the criminal sexual abuse
8    during the course of committing or attempting to commit
9    any other felony; or
10        (7) the person delivers (by injection, inhalation,
11    ingestion, transfer of possession, or any other means) any
12    controlled substance to the victim for other than medical
13    purposes without the victim's consent or by threat or
14    deception.
15    (b) A person commits aggravated criminal sexual abuse if
16that person commits an act of sexual conduct with a victim who
17is under 18 years of age and the person is a family member.
18    (c) A person commits aggravated criminal sexual abuse if:
19        (1) that person is 17 years of age or over and: (i)
20    commits an act of sexual conduct with a victim who is under
21    13 years of age; or (ii) commits an act of sexual conduct
22    with a victim who is at least 13 years of age but under 17
23    years of age and the person uses force or threat of force
24    to commit the act; or
25        (2) that person is under 17 years of age and: (i)
26    commits an act of sexual conduct with a victim who is under

 

 

SB2567- 10 -LRB102 16570 KMF 21967 b

1    9 years of age; or (ii) commits an act of sexual conduct
2    with a victim who is at least 9 years of age but under 17
3    years of age and the person uses force or threat of force
4    to commit the act.
5    (d) A person commits aggravated criminal sexual abuse if
6that person commits an act of sexual penetration or sexual
7conduct with a victim who is at least 13 years of age but under
817 years of age and the person is at least 5 years older than
9the victim.
10    (e) A person commits aggravated criminal sexual abuse if
11that person commits an act of sexual conduct with a victim who
12is a person with a severe or profound intellectual disability.
13    (f) A person commits aggravated criminal sexual abuse if
14that person commits an act of sexual conduct with a victim who
15is at least 13 years of age but under 18 years of age and the
16person is 17 years of age or over and holds a position of
17trust, authority, or supervision in relation to the victim.
18    (g) Sentence. Aggravated criminal sexual abuse for a
19violation of subsection (a), (b), (c), (d) or (e) of this
20Section is a Class 2 felony. Aggravated criminal sexual abuse
21for a violation of subsection (f) of this Section is a Class 1
22felony. Aggravated criminal sexual abuse is a Class 2 felony.
23(Source: P.A. 99-143, eff. 7-27-15.)
 
24    (720 ILCS 5/11-1.70)  (was 720 ILCS 5/12-17)
25    Sec. 11-1.70. Defenses with respect to offenses described

 

 

SB2567- 11 -LRB102 16570 KMF 21967 b

1in Sections 11-1.20 through 11-1.60.
2    (a) It shall be a defense to any offense under Section
311-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code
4where force or threat of force is an element of the offense
5that the victim consented. "Consent" means a freely given
6agreement to the act of sexual penetration or sexual conduct
7in question. Lack of verbal or physical resistance or
8submission by the victim resulting from the use of force or
9threat of force by the accused shall not constitute consent.
10The manner of dress of the victim at the time of the offense
11shall not constitute consent.
12    (b) It shall be a defense under subsection (b) and
13subsection (c) of Section 11-1.50 and subsection (d) of
14Section 11-1.60 of this Code that the accused reasonably
15believed the person to be 17 years of age or over.
16    (c) A person who initially consents to sexual penetration
17or sexual conduct is not deemed to have consented to any sexual
18penetration or sexual conduct that occurs after he or she
19withdraws consent during the course of that sexual penetration
20or sexual conduct.
21(Source: P.A. 96-1551, eff. 7-1-11.)
 
22    (720 ILCS 5/11-20.1)  (from Ch. 38, par. 11-20.1)
23    Sec. 11-20.1. Child pornography.
24    (a) A person commits child pornography who:
25        (1) films, videotapes, photographs, or otherwise

 

 

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1    depicts or portrays by means of any similar visual medium
2    or reproduction or depicts by computer any child whom he
3    or she knows or reasonably should know to be under the age
4    of 18 or any person with a severe or profound intellectual
5    disability where such child or person with a severe or
6    profound intellectual disability is:
7            (i) actually or by simulation engaged in any act
8        of sexual penetration or sexual conduct with any
9        person or animal; or
10            (ii) actually or by simulation engaged in any act
11        of sexual penetration or sexual conduct involving the
12        sex organs of the child or person with a severe or
13        profound intellectual disability and the mouth, anus,
14        or sex organs of another person or animal; or which
15        involves the mouth, anus or sex organs of the child or
16        person with a severe or profound intellectual
17        disability and the sex organs of another person or
18        animal; or
19            (iii) actually or by simulation engaged in any act
20        of masturbation; or
21            (iv) actually or by simulation portrayed as being
22        the object of, or otherwise engaged in, any act of lewd
23        fondling, touching, or caressing involving another
24        person or animal; or
25            (v) actually or by simulation engaged in any act
26        of excretion or urination within a sexual context; or

 

 

SB2567- 13 -LRB102 16570 KMF 21967 b

1            (vi) actually or by simulation portrayed or
2        depicted as bound, fettered, or subject to sadistic,
3        masochistic, or sadomasochistic abuse in any sexual
4        context; or
5            (vii) depicted or portrayed in any pose, posture
6        or setting involving a lewd exhibition of the
7        unclothed or transparently clothed genitals, pubic
8        area, buttocks, or, if such person is female, a fully
9        or partially developed breast of the child or other
10        person; or
11        (2) with the knowledge of the nature or content
12    thereof, reproduces, disseminates, offers to disseminate,
13    exhibits or possesses with intent to disseminate any film,
14    videotape, photograph or other similar visual reproduction
15    or depiction by computer of any child or person with a
16    severe or profound intellectual disability whom the person
17    knows or reasonably should know to be under the age of 18
18    or to be a person with a severe or profound intellectual
19    disability, engaged in any activity described in
20    subparagraphs (i) through (vii) of paragraph (1) of this
21    subsection; or
22        (3) with knowledge of the subject matter or theme
23    thereof, produces any stage play, live performance, film,
24    videotape or other similar visual portrayal or depiction
25    by computer which includes a child whom the person knows
26    or reasonably should know to be under the age of 18 or a

 

 

SB2567- 14 -LRB102 16570 KMF 21967 b

1    person with a severe or profound intellectual disability
2    engaged in any activity described in subparagraphs (i)
3    through (vii) of paragraph (1) of this subsection; or
4        (4) solicits, uses, persuades, induces, entices, or
5    coerces any child whom he or she knows or reasonably
6    should know to be under the age of 18 or a person with a
7    severe or profound intellectual disability to appear in
8    any stage play, live presentation, film, videotape,
9    photograph or other similar visual reproduction or
10    depiction by computer in which the child or person with a
11    severe or profound intellectual disability is or will be
12    depicted, actually or by simulation, in any act, pose or
13    setting described in subparagraphs (i) through (vii) of
14    paragraph (1) of this subsection; or
15        (5) is a parent, step-parent, legal guardian or other
16    person having care or custody of a child whom the person
17    knows or reasonably should know to be under the age of 18
18    or a person with a severe or profound intellectual
19    disability and who knowingly permits, induces, promotes,
20    or arranges for such child or person with a severe or
21    profound intellectual disability to appear in any stage
22    play, live performance, film, videotape, photograph or
23    other similar visual presentation, portrayal or simulation
24    or depiction by computer of any act or activity described
25    in subparagraphs (i) through (vii) of paragraph (1) of
26    this subsection; or

 

 

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1        (6) with knowledge of the nature or content thereof,
2    possesses any film, videotape, photograph or other similar
3    visual reproduction or depiction by computer of any child
4    or person with a severe or profound intellectual
5    disability whom the person knows or reasonably should know
6    to be under the age of 18 or to be a person with a severe
7    or profound intellectual disability, engaged in any
8    activity described in subparagraphs (i) through (vii) of
9    paragraph (1) of this subsection; or
10        (7) solicits, or knowingly uses, persuades, induces,
11    entices, or coerces, a person to provide a child under the
12    age of 18 or a person with a severe or profound
13    intellectual disability to appear in any videotape,
14    photograph, film, stage play, live presentation, or other
15    similar visual reproduction or depiction by computer in
16    which the child or person with a severe or profound
17    intellectual disability will be depicted, actually or by
18    simulation, in any act, pose, or setting described in
19    subparagraphs (i) through (vii) of paragraph (1) of this
20    subsection.
21    (a-5) The possession of each individual film, videotape,
22photograph, or other similar visual reproduction or depiction
23by computer in violation of this Section constitutes a single
24and separate violation. This subsection (a-5) does not apply
25to multiple copies of the same film, videotape, photograph, or
26other similar visual reproduction or depiction by computer

 

 

SB2567- 16 -LRB102 16570 KMF 21967 b

1that are identical to each other.
2    (b)(1) It shall be an affirmative defense to a charge of
3child pornography that the defendant reasonably believed,
4under all of the circumstances, that the child was 18 years of
5age or older or that the person was not a person with a severe
6or profound intellectual disability but only where, prior to
7the act or acts giving rise to a prosecution under this
8Section, he or she took some affirmative action or made a
9bonafide inquiry designed to ascertain whether the child was
1018 years of age or older or that the person was not a person
11with a severe or profound intellectual disability and his or
12her reliance upon the information so obtained was clearly
13reasonable.
14    (1.5) Telecommunications carriers, commercial mobile
15service providers, and providers of information services,
16including, but not limited to, Internet service providers and
17hosting service providers, are not liable under this Section
18by virtue of the transmission, storage, or caching of
19electronic communications or messages of others or by virtue
20of the provision of other related telecommunications,
21commercial mobile services, or information services used by
22others in violation of this Section.
23    (2) (Blank).
24    (3) The charge of child pornography shall not apply to the
25performance of official duties by law enforcement or
26prosecuting officers or persons employed by law enforcement or

 

 

SB2567- 17 -LRB102 16570 KMF 21967 b

1prosecuting agencies, court personnel or attorneys, nor to
2bonafide treatment or professional education programs
3conducted by licensed physicians, psychologists or social
4workers. In any criminal proceeding, any property or material
5that constitutes child pornography shall remain in the care,
6custody, and control of either the State or the court. A motion
7to view the evidence shall comply with subsection (e-5) of
8this Section.
9    (4) If the defendant possessed more than one of the same
10film, videotape or visual reproduction or depiction by
11computer in which child pornography is depicted, then the
12trier of fact may infer that the defendant possessed such
13materials with the intent to disseminate them.
14    (5) The charge of child pornography does not apply to a
15person who does not voluntarily possess a film, videotape, or
16visual reproduction or depiction by computer in which child
17pornography is depicted. Possession is voluntary if the
18defendant knowingly procures or receives a film, videotape, or
19visual reproduction or depiction for a sufficient time to be
20able to terminate his or her possession.
21    (6) Any violation of paragraph (1), (2), (3), (4), (5), or
22(7) of subsection (a) that includes a child engaged in,
23solicited for, depicted in, or posed in any act of sexual
24penetration or bound, fettered, or subject to sadistic,
25masochistic, or sadomasochistic abuse in a sexual context
26shall be deemed a crime of violence.

 

 

SB2567- 18 -LRB102 16570 KMF 21967 b

1    (c) If the violation does not involve a film, videotape,
2or other moving depiction, a violation of paragraph (1), (4),
3(5), or (7) of subsection (a) is a Class 1 felony with a
4mandatory minimum fine of $2,000 and a maximum fine of
5$100,000. If the violation involves a film, videotape, or
6other moving depiction, a violation of paragraph (1), (4),
7(5), or (7) of subsection (a) is a Class X felony with a
8mandatory minimum fine of $2,000 and a maximum fine of
9$100,000. If the violation does not involve a film, videotape,
10or other moving depiction, a violation of paragraph (3) of
11subsection (a) is a Class 1 felony with a mandatory minimum
12fine of $1500 and a maximum fine of $100,000. If the violation
13involves a film, videotape, or other moving depiction, a
14violation of paragraph (3) of subsection (a) is a Class X
15felony with a mandatory minimum fine of $1500 and a maximum
16fine of $100,000. If the violation does not involve a film,
17videotape, or other moving depiction, a violation of paragraph
18(2) of subsection (a) is a Class 1 felony with a mandatory
19minimum fine of $1000 and a maximum fine of $100,000. If the
20violation involves a film, videotape, or other moving
21depiction, a violation of paragraph (2) of subsection (a) is a
22Class X felony with a mandatory minimum fine of $1000 and a
23maximum fine of $100,000. If the violation does not involve a
24film, videotape, or other moving depiction, a violation of
25paragraph (6) of subsection (a) is a Class 3 felony with a
26mandatory minimum fine of $1000 and a maximum fine of

 

 

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1$100,000. If the violation involves a film, videotape, or
2other moving depiction, a violation of paragraph (6) of
3subsection (a) is a Class 2 felony with a mandatory minimum
4fine of $1000 and a maximum fine of $100,000.
5    (c-5) Where the child depicted is under the age of 13, a
6violation of paragraph (1), (2), (3), (4), (5), or (7) of
7subsection (a) is a Class X felony with a mandatory minimum
8fine of $2,000 and a maximum fine of $100,000. Where the child
9depicted is under the age of 13, a violation of paragraph (6)
10of subsection (a) is a Class 2 felony with a mandatory minimum
11fine of $1,000 and a maximum fine of $100,000. Where the child
12depicted is under the age of 13, a person who commits a
13violation of paragraph (1), (2), (3), (4), (5), or (7) of
14subsection (a) where the defendant has previously been
15convicted under the laws of this State or any other state of
16the offense of child pornography, aggravated child
17pornography, aggravated criminal sexual abuse, aggravated
18criminal sexual assault, predatory criminal sexual assault of
19a child, or any of the offenses formerly known as rape, deviate
20sexual assault, indecent liberties with a child, or aggravated
21indecent liberties with a child where the victim was under the
22age of 18 years or an offense that is substantially equivalent
23to those offenses, is guilty of a Class X felony for which the
24person shall be sentenced to a term of imprisonment of not less
25than 9 years with a mandatory minimum fine of $2,000 and a
26maximum fine of $100,000. Where the child depicted is under

 

 

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1the age of 13, a person who commits a violation of paragraph
2(6) of subsection (a) where the defendant has previously been
3convicted under the laws of this State or any other state of
4the offense of child pornography, aggravated child
5pornography, aggravated criminal sexual abuse, aggravated
6criminal sexual assault, predatory criminal sexual assault of
7a child, or any of the offenses formerly known as rape, deviate
8sexual assault, indecent liberties with a child, or aggravated
9indecent liberties with a child where the victim was under the
10age of 18 years or an offense that is substantially equivalent
11to those offenses, is guilty of a Class 1 felony with a
12mandatory minimum fine of $1,000 and a maximum fine of
13$100,000. The issue of whether the child depicted is under the
14age of 13 is an element of the offense to be resolved by the
15trier of fact.
16    (d) If a person is convicted of a second or subsequent
17violation of this Section within 10 years of a prior
18conviction, the court shall order a presentence psychiatric
19examination of the person. The examiner shall report to the
20court whether treatment of the person is necessary.
21    (e) Any film, videotape, photograph or other similar
22visual reproduction or depiction by computer which includes a
23child under the age of 18 or a person with a severe or profound
24intellectual disability engaged in any activity described in
25subparagraphs (i) through (vii) or paragraph 1 of subsection
26(a), and any material or equipment used or intended for use in

 

 

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1photographing, filming, printing, producing, reproducing,
2manufacturing, projecting, exhibiting, depiction by computer,
3or disseminating such material shall be seized and forfeited
4in the manner, method and procedure provided by Section 36-1
5of this Code for the seizure and forfeiture of vessels,
6vehicles and aircraft.
7    In addition, any person convicted under this Section is
8subject to the property forfeiture provisions set forth in
9Article 124B of the Code of Criminal Procedure of 1963.
10    (e-5) Upon the conclusion of a case brought under this
11Section, the court shall seal all evidence depicting a victim
12or witness that is sexually explicit. The evidence may be
13unsealed and viewed, on a motion of the party seeking to unseal
14and view the evidence, only for good cause shown and in the
15discretion of the court. The motion must expressly set forth
16the purpose for viewing the material. The State's attorney and
17the victim, if possible, shall be provided reasonable notice
18of the hearing on the motion to unseal the evidence. Any person
19entitled to notice of a hearing under this subsection (e-5)
20may object to the motion.
21    (f) Definitions. For the purposes of this Section:
22        (1) "Disseminate" means (i) to sell, distribute,
23    exchange or transfer possession, whether with or without
24    consideration or (ii) to make a depiction by computer
25    available for distribution or downloading through the
26    facilities of any telecommunications network or through

 

 

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1    any other means of transferring computer programs or data
2    to a computer.
3        (2) "Produce" means to direct, promote, advertise,
4    publish, manufacture, issue, present or show.
5        (3) "Reproduce" means to make a duplication or copy.
6        (4) "Depict by computer" means to generate or create,
7    or cause to be created or generated, a computer program or
8    data that, after being processed by a computer either
9    alone or in conjunction with one or more computer
10    programs, results in a visual depiction on a computer
11    monitor, screen, or display.
12        (5) "Depiction by computer" means a computer program
13    or data that, after being processed by a computer either
14    alone or in conjunction with one or more computer
15    programs, results in a visual depiction on a computer
16    monitor, screen, or display.
17        (6) "Computer", "computer program", and "data" have
18    the meanings ascribed to them in Section 17.05 of this
19    Code.
20        (7) For the purposes of this Section, "child
21    pornography" includes a film, videotape, photograph, or
22    other similar visual medium or reproduction or depiction
23    by computer that is, or appears to be, that of a person,
24    either in part, or in total, under the age of 18 or a
25    person with a severe or profound intellectual disability,
26    regardless of the method by which the film, videotape,

 

 

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1    photograph, or other similar visual medium or reproduction
2    or depiction by computer is created, adopted, or modified
3    to appear as such. "Child pornography" also includes a
4    film, videotape, photograph, or other similar visual
5    medium or reproduction or depiction by computer that is
6    advertised, promoted, presented, described, or distributed
7    in such a manner that conveys the impression that the
8    film, videotape, photograph, or other similar visual
9    medium or reproduction or depiction by computer is of a
10    person under the age of 18 or a person with a severe or
11    profound intellectual disability.
12    (g) Re-enactment; findings; purposes.
13        (1) The General Assembly finds and declares that:
14            (i) Section 50-5 of Public Act 88-680, effective
15        January 1, 1995, contained provisions amending the
16        child pornography statute, Section 11-20.1 of the
17        Criminal Code of 1961. Section 50-5 also contained
18        other provisions.
19            (ii) In addition, Public Act 88-680 was entitled
20        "AN ACT to create a Safe Neighborhoods Law". (A)
21        Article 5 was entitled JUVENILE JUSTICE and amended
22        the Juvenile Court Act of 1987. (B) Article 15 was
23        entitled GANGS and amended various provisions of the
24        Criminal Code of 1961 and the Unified Code of
25        Corrections. (C) Article 20 was entitled ALCOHOL ABUSE
26        and amended various provisions of the Illinois Vehicle

 

 

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1        Code. (D) Article 25 was entitled DRUG ABUSE and
2        amended the Cannabis Control Act and the Illinois
3        Controlled Substances Act. (E) Article 30 was entitled
4        FIREARMS and amended the Criminal Code of 1961 and the
5        Code of Criminal Procedure of 1963. (F) Article 35
6        amended the Criminal Code of 1961, the Rights of Crime
7        Victims and Witnesses Act, and the Unified Code of
8        Corrections. (G) Article 40 amended the Criminal Code
9        of 1961 to increase the penalty for compelling
10        organization membership of persons. (H) Article 45
11        created the Secure Residential Youth Care Facility
12        Licensing Act and amended the State Finance Act, the
13        Juvenile Court Act of 1987, the Unified Code of
14        Corrections, and the Private Correctional Facility
15        Moratorium Act. (I) Article 50 amended the WIC Vendor
16        Management Act, the Firearm Owners Identification Card
17        Act, the Juvenile Court Act of 1987, the Criminal Code
18        of 1961, the Wrongs to Children Act, and the Unified
19        Code of Corrections.
20            (iii) On September 22, 1998, the Third District
21        Appellate Court in People v. Dainty, 701 N.E. 2d 118,
22        ruled that Public Act 88-680 violates the single
23        subject clause of the Illinois Constitution (Article
24        IV, Section 8 (d)) and was unconstitutional in its
25        entirety. As of the time this amendatory Act of 1999
26        was prepared, People v. Dainty was still subject to

 

 

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1        appeal.
2            (iv) Child pornography is a vital concern to the
3        people of this State and the validity of future
4        prosecutions under the child pornography statute of
5        the Criminal Code of 1961 is in grave doubt.
6        (2) It is the purpose of this amendatory Act of 1999 to
7    prevent or minimize any problems relating to prosecutions
8    for child pornography that may result from challenges to
9    the constitutional validity of Public Act 88-680 by
10    re-enacting the Section relating to child pornography that
11    was included in Public Act 88-680.
12        (3) This amendatory Act of 1999 re-enacts Section
13    11-20.1 of the Criminal Code of 1961, as it has been
14    amended. This re-enactment is intended to remove any
15    question as to the validity or content of that Section; it
16    is not intended to supersede any other Public Act that
17    amends the text of the Section as set forth in this
18    amendatory Act of 1999. The material is shown as existing
19    text (i.e., without underscoring) because, as of the time
20    this amendatory Act of 1999 was prepared, People v. Dainty
21    was subject to appeal to the Illinois Supreme Court.
22        (4) The re-enactment by this amendatory Act of 1999 of
23    Section 11-20.1 of the Criminal Code of 1961 relating to
24    child pornography that was amended by Public Act 88-680 is
25    not intended, and shall not be construed, to imply that
26    Public Act 88-680 is invalid or to limit or impair any

 

 

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1    legal argument concerning whether those provisions were
2    substantially re-enacted by other Public Acts.
3(Source: P.A. 101-87, eff. 1-1-20.)
 
4    (720 ILCS 5/26-4)  (from Ch. 38, par. 26-4)
5    Sec. 26-4. Unauthorized video recording and live video
6transmission.
7    (a) It is unlawful for any person to knowingly make a video
8record or transmit live video of another person without that
9person's consent in a restroom, tanning bed, tanning salon,
10locker room, changing room, or hotel bedroom.
11    (a-5) It is unlawful for any person to knowingly make a
12video record or transmit live video of another person in that
13other person's residence without that person's consent.
14    (a-6) It is unlawful for any person to knowingly make a
15video record or transmit live video of another person in that
16other person's residence without that person's consent when
17the recording or transmission is made outside that person's
18residence by use of an audio or video device that records or
19transmits from a remote location.
20    (a-10) It is unlawful for any person to knowingly make a
21video record or transmit live video of another person's
22intimate parts person under or through the clothing worn by
23that other person for the purpose of viewing the body of or the
24undergarments worn by that other person without that person's
25consent. For the purposes of this subsection (a-5), "intimate

 

 

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1parts" means the fully unclothed, partially unclothed, or
2transparently clothed genitals, pubic area, anus, or if the
3person is female, a partially or fully exposed nipple,
4including exposure through transparent clothing.
5    (a-15) It is unlawful for any person to place or cause to
6be placed a device that makes a video record or transmits a
7live video in a restroom, tanning bed, tanning salon, locker
8room, changing room, or hotel bedroom with the intent to make a
9video record or transmit live video of another person without
10that person's consent.
11    (a-20) It is unlawful for any person to place or cause to
12be placed a device that makes a video record or transmits a
13live video with the intent to make a video record or transmit
14live video of another person in that other person's residence
15without that person's consent.
16    (a-25) It is unlawful for any person to, by any means,
17knowingly disseminate, or permit to be disseminated, a video
18record or live video that he or she knows to have been made or
19transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15),
20or (a-20).
21    (b) Exemptions. The following activities shall be exempt
22from the provisions of this Section:
23        (1) The making of a video record or transmission of
24    live video by law enforcement officers pursuant to a
25    criminal investigation, which is otherwise lawful;
26        (2) The making of a video record or transmission of

 

 

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1    live video by correctional officials for security reasons
2    or for investigation of alleged misconduct involving a
3    person committed to the Department of Corrections; and
4        (3) The making of a video record or transmission of
5    live video in a locker room by a reporter or news medium,
6    as those terms are defined in Section 8-902 of the Code of
7    Civil Procedure, where the reporter or news medium has
8    been granted access to the locker room by an appropriate
9    authority for the purpose of conducting interviews.
10    (c) The provisions of this Section do not apply to any
11sound recording or transmission of an oral conversation made
12as the result of the making of a video record or transmission
13of live video, and to which Article 14 of this Code applies.
14    (d) Sentence.
15        (1) A violation of subsection (a-15) or (a-20) (a-10),
16    (a-15), or (a-20) is a Class A misdemeanor.
17        (2) A violation of subsection (a), (a-5), or (a-6), or
18    (a-10) is a Class 4 felony.
19        (3) A violation of subsection (a-25) is a Class 3
20    felony.
21        (4) A violation of subsection (a), (a-5), (a-6),
22    (a-10), (a-15) or (a-20) is a Class 3 felony if the victim
23    is a person under 18 years of age or if the violation is
24    committed by an individual who is required to register as
25    a sex offender under the Sex Offender Registration Act.
26        (5) A violation of subsection (a-25) is a Class 2

 

 

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1    felony if the victim is a person under 18 years of age or
2    if the violation is committed by an individual who is
3    required to register as a sex offender under the Sex
4    Offender Registration Act.
5    (e) For purposes of this Section:
6        (1) "Residence" includes a rental dwelling, but does
7    not include stairwells, corridors, laundry facilities, or
8    additional areas in which the general public has access.
9        (2) "Video record" means and includes any videotape,
10    photograph, film, or other electronic or digital recording
11    of a still or moving visual image; and "live video" means
12    and includes any real-time or contemporaneous electronic
13    or digital transmission of a still or moving visual image.
14(Source: P.A. 96-416, eff. 1-1-10; 97-813, eff. 7-13-12.)