Full Text of SB0382 103rd General Assembly
SB0382sam001 103RD GENERAL ASSEMBLY | Sen. Mary Edly-Allen Filed: 10/20/2023 | | 10300SB0382sam001 | | LRB103 02790 LNS 64762 a |
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| 1 | | AMENDMENT TO SENATE BILL 382
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 382 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Civil Remedies for Nonconsensual | 5 | | Dissemination of Private Sexual Images Act is amended by | 6 | | changing Sections 5 and 15 as follows: | 7 | | (740 ILCS 190/5) | 8 | | (Text of Section before amendment by P.A. 103-294 ) | 9 | | Sec. 5. Definitions. As used in this Act: | 10 | | (1) "Child" means an unemancipated individual who is less | 11 | | than 18 years of age. | 12 | | (2) "Consent" means affirmative, conscious, and voluntary | 13 | | authorization by an individual with legal capacity to give | 14 | | authorization. | 15 | | (3) "Depicted individual" means an individual whose body | 16 | | is shown, in whole or in part, in a private sexual image. |
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| 1 | | (4) "Dissemination" or "disseminate" means publication or | 2 | | distribution to another person with intent to disclose. | 3 | | (5) "Harm" means physical harm, economic harm, or | 4 | | emotional distress whether or not accompanied by physical or | 5 | | economic harm. | 6 | | (6) "Identifiable" means recognizable by a person other | 7 | | than the depicted individual: | 8 | | (A) from a private sexual image itself; or | 9 | | (B) from a private sexual image and identifying | 10 | | characteristic displayed in connection with the image. | 11 | | (7) "Identifying characteristic" means information that | 12 | | may be used to identify a depicted individual. | 13 | | (8) "Individual" means a human being. | 14 | | (9) "Parent" means an individual recognized as a parent | 15 | | under laws of this State. | 16 | | (10) "Private" means: | 17 | | (A) created or obtained under circumstances in which a | 18 | | depicted individual had a reasonable expectation of | 19 | | privacy; or | 20 | | (B) made accessible through theft, bribery, extortion, | 21 | | fraud, voyeurism, or exceeding authorized access to an | 22 | | account, message, file, device, resource, or property. | 23 | | (11) "Person" means an individual, business or nonprofit | 24 | | entity, public corporation, government or governmental | 25 | | subdivision, agency, or other legal entity. | 26 | | (12) "Sexual conduct" includes: |
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| 1 | | (A) masturbation; | 2 | | (B) genital sex, anal sex, oral sex, or sexual | 3 | | activity; or | 4 | | (C) sexual penetration of or with an object. | 5 | | (13) "Sexual activity" means any: | 6 | | (A) knowing touching or fondling by the depicted | 7 | | individual or another person, either directly or through | 8 | | clothing, of the sex organs, anus, or breast of the | 9 | | depicted individual or another person for the purpose of | 10 | | sexual gratification or arousal; | 11 | | (B) transfer or transmission of semen upon any part of | 12 | | the clothed or unclothed body of the depicted individual, | 13 | | for the purpose of sexual gratification or arousal of the | 14 | | depicted individual or another person; | 15 | | (C) act of urination within a sexual context; | 16 | | (D) bondage, fetish, sadism, or masochism; | 17 | | (E) sadomasochistic abuse in any sexual context; or | 18 | | (F) animal-related sexual activity. | 19 | | (14) "Sexual image" means a photograph, film, videotape, | 20 | | digital recording, or other similar medium that shows: | 21 | | (A) the fully unclothed, partially unclothed, or | 22 | | transparently clothed genitals, pubic area, anus, or | 23 | | female post-pubescent nipple, partially or fully exposed, | 24 | | of a depicted individual; or | 25 | | (B) a depicted individual engaging in or being | 26 | | subjected to sexual conduct or activity. |
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| 1 | | (Source: P.A. 101-556, eff. 1-1-20 .) | 2 | | (Text of Section after amendment by P.A. 103-294 ) | 3 | | Sec. 5. Definitions. As used in this Act: | 4 | | (1) "Child" means an unemancipated individual who is less | 5 | | than 18 years of age. | 6 | | (2) "Consent" means affirmative, conscious, and voluntary | 7 | | authorization by an individual with legal capacity to give | 8 | | authorization. | 9 | | (3) "Depicted individual" means an individual whose face | 10 | | or body is shown, in whole or in part, in a private sexual | 11 | | image or digitally altered sexual image . | 12 | | (3.5) "Digitally altered sexual image" means any visual | 13 | | media, including any photograph, film, videotape digital | 14 | | recording, or other similar medium, that is created or | 15 | | substantially altered so that it would falsely appear to a | 16 | | reasonable person to be an authentic depiction of the | 17 | | appearance or conduct, or the absence of the appearance or | 18 | | conduct, of an individual depicted in the media. | 19 | | (4) "Dissemination" or "disseminate" means publication or | 20 | | distribution to another person with intent to disclose. | 21 | | (5) "Harm" means physical harm, economic harm, or | 22 | | emotional distress whether or not accompanied by physical or | 23 | | economic harm. | 24 | | (6) "Identifiable" means recognizable by a person other | 25 | | than the depicted individual: |
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| 1 | | (A) from a private sexual image itself; or | 2 | | (B) from a private sexual image and identifying | 3 | | characteristic displayed in connection with the image. | 4 | | (7) "Identifying characteristic" means information that | 5 | | may be used to identify a depicted individual. | 6 | | (8) "Individual" means a human being. | 7 | | (9) "Parent" means an individual recognized as a parent | 8 | | under laws of this State. | 9 | | (10) "Private" means: | 10 | | (A) created or obtained under circumstances in which a | 11 | | depicted individual had a reasonable expectation of | 12 | | privacy; or | 13 | | (B) made accessible through theft, bribery, extortion, | 14 | | fraud, voyeurism, or exceeding authorized access to an | 15 | | account, message, file, device, resource, or property. | 16 | | (11) "Person" means an individual, business or nonprofit | 17 | | entity, public corporation, government or governmental | 18 | | subdivision, agency, or other legal entity. | 19 | | (12) "Sexual conduct" includes: | 20 | | (A) masturbation; | 21 | | (B) genital sex, anal sex, oral sex, or sexual | 22 | | activity; or | 23 | | (C) sexual penetration of or with an object. | 24 | | (13) "Sexual activity" means any: | 25 | | (A) knowing touching or fondling by the depicted | 26 | | individual or another person, either directly or through |
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| 1 | | clothing, of the sex organs, anus, or breast of the | 2 | | depicted individual or another person for the purpose of | 3 | | sexual gratification or arousal; | 4 | | (B) transfer or transmission of semen upon any part of | 5 | | the clothed or unclothed body of the depicted individual, | 6 | | for the purpose of sexual gratification or arousal of the | 7 | | depicted individual or another person; | 8 | | (C) act of urination within a sexual context; | 9 | | (D) bondage, fetish, sadism, or masochism; | 10 | | (E) sadomasochistic abuse in any sexual context; or | 11 | | (F) animal-related sexual activity. | 12 | | (14) "Sexual image" means a photograph, film, videotape, | 13 | | digital recording, or other similar medium that shows or | 14 | | falsely appears to show: | 15 | | (A) the fully unclothed, partially unclothed, or | 16 | | transparently clothed genitals, pubic area, anus, or | 17 | | female post-pubescent nipple, partially or fully exposed, | 18 | | of a depicted individual; or | 19 | | (B) a depicted individual engaging in or being | 20 | | subjected to sexual conduct or activity. | 21 | | (Source: P.A. 103-294, eff. 1-1-24.) | 22 | | (740 ILCS 190/15) | 23 | | (Text of Section before amendment by P.A. 103-294 ) | 24 | | Sec. 15. Exceptions to liability. | 25 | | (a) A person is not liable under this Act if the person |
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| 1 | | proves that the dissemination of or a threat to disseminate a | 2 | | private sexual image was: | 3 | | (1) made in good faith: | 4 | | (A) by law enforcement; | 5 | | (B) in a legal proceeding; or | 6 | | (C) for medical education or treatment; | 7 | | (2) made in good faith in the reporting or | 8 | | investigation of: | 9 | | (A) unlawful conduct; or | 10 | | (B) unsolicited and unwelcome conduct; or | 11 | | (3) related to a matter of public concern. | 12 | | (b) Subject to subsection (c), a defendant who is a | 13 | | parent, legal guardian, or individual with legal custody of a | 14 | | child is not liable under this Act for a dissemination or | 15 | | threatened dissemination of an intimate private sexual image | 16 | | of the child. | 17 | | (c) If a defendant asserts an exception to liability under | 18 | | subsection (b), the exception does not apply if the plaintiff | 19 | | proves the disclosure was: | 20 | | (1) prohibited by a law other than this Act; or | 21 | | (2) made for the purpose of sexual arousal, sexual | 22 | | gratification, humiliation, degradation, or monetary or | 23 | | commercial gain. | 24 | | (d) The dissemination of or a threat to disseminate a | 25 | | private sexual image is not a matter of public concern solely | 26 | | because the depicted individual is a public figure. |
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| 1 | | (Source: P.A. 101-556, eff. 1-1-20 .) | 2 | | (Text of Section after amendment by P.A. 103-294 ) | 3 | | Sec. 15. Exceptions to liability. | 4 | | (a) A person is not liable under this Act if the person | 5 | | proves that the dissemination of or a threat to disseminate a | 6 | | private sexual image or digitally altered sexual image was: | 7 | | (1) made in good faith: | 8 | | (A) by law enforcement; | 9 | | (B) in a legal proceeding; or | 10 | | (C) for medical education or treatment; | 11 | | (2) made in good faith in the reporting or | 12 | | investigation of: | 13 | | (A) unlawful conduct; or | 14 | | (B) unsolicited and unwelcome conduct; or | 15 | | (3) related to a matter of public concern. | 16 | | (b) Subject to subsection (c), a defendant who is a | 17 | | parent, legal guardian, or individual with legal custody of a | 18 | | child is not liable under this Act for a dissemination or | 19 | | threatened dissemination of an intimate private sexual image | 20 | | of the child. | 21 | | (c) If a defendant asserts an exception to liability under | 22 | | subsection (b), the exception does not apply if the plaintiff | 23 | | proves the disclosure was: | 24 | | (1) prohibited by a law other than this Act; or | 25 | | (2) made for the purpose of sexual arousal, sexual |
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| 1 | | gratification, humiliation, degradation, or monetary or | 2 | | commercial gain. | 3 | | (d) The dissemination of or a threat to disseminate a | 4 | | private sexual image is not a matter of public concern solely | 5 | | because the depicted individual is a public figure or the | 6 | | image is accompanied by a political message. | 7 | | (Source: P.A. 103-294, eff. 1-1-24.) | 8 | | Section 95. No acceleration or delay. Where this Act makes | 9 | | changes in a statute that is represented in this Act by text | 10 | | that is not yet or no longer in effect (for example, a Section | 11 | | represented by multiple versions), the use of that text does | 12 | | not accelerate or delay the taking effect of (i) the changes | 13 | | made by this Act or (ii) provisions derived from any other | 14 | | Public Act.". |
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