Full Text of SB1009 98th General Assembly
SB1009enr 98TH GENERAL ASSEMBLY |
| | SB1009 Enrolled | | LRB098 05273 MRW 35305 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by adding | 5 | | Section 11-23.5 as follows: | 6 | | (720 ILCS 5/11-23.5 new) | 7 | | Sec. 11-23.5. Non-consensual dissemination of private | 8 | | sexual images. | 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 | | "Image" includes a photograph, film, videotape, | 13 | | digital recording, or other depiction or portrayal of an | 14 | | object, including a human body. | 15 | | "Intimate parts" means the fully unclothed, partially | 16 | | unclothed or transparently clothed genitals, pubic area, | 17 | | anus, or if the person is female, a partially or fully | 18 | | exposed nipple, including exposure through transparent | 19 | | clothing. | 20 | | "Sexual act" means sexual penetration, masturbation, | 21 | | or sexual activity. | 22 | | "Sexual activity" means any: | 23 | | (1) knowing touching or fondling by the victim or |
| | | SB1009 Enrolled | - 2 - | LRB098 05273 MRW 35305 b |
|
| 1 | | another person or animal, either directly or through | 2 | | clothing, of the sex organs, anus, or breast of the | 3 | | victim or another person or animal for the purpose of | 4 | | sexual gratification or arousal; or | 5 | | (2) any transfer or transmission of semen upon any | 6 | | part of the clothed or unclothed body of the victim, | 7 | | for the purpose of sexual gratification or arousal of | 8 | | the victim or another; or | 9 | | (3) an act of urination within a sexual context; or | 10 | | (4) any bondage, fetter, or sadism masochism; or | 11 | | (5) sadomasochism abuse in any sexual context. | 12 | | (b) A person commits non-consensual dissemination of | 13 | | private sexual images when he or she: | 14 | | (1) intentionally disseminates an image of another | 15 | | person: | 16 | | (A) who is at least 18 years of age; and | 17 | | (B) who is identifiable from the image itself or | 18 | | information displayed in connection with the image; | 19 | | and | 20 | | (C) who is engaged in a sexual act or whose | 21 | | intimate parts are exposed, in whole or in part; and | 22 | | (2) obtains the image under circumstances in which a | 23 | | reasonable person would know or understand that the image | 24 | | was to remain private; and | 25 | | (3) knows or should have known that the person in the | 26 | | image has not consented to the dissemination. |
| | | SB1009 Enrolled | - 3 - | LRB098 05273 MRW 35305 b |
|
| 1 | | (c) The following activities are exempt from the provisions | 2 | | of this Section: | 3 | | (1) The intentional dissemination of an image of | 4 | | another identifiable person who is engaged in a sexual act | 5 | | or whose intimate parts are exposed when the dissemination | 6 | | is made for the purpose of a criminal investigation that is | 7 | | otherwise lawful. | 8 | | (2) The intentional dissemination of an image of | 9 | | another identifiable person who is engaged in a sexual act | 10 | | or whose intimate parts are exposed when the dissemination | 11 | | is for the purpose of, or in connection with, the reporting | 12 | | of unlawful conduct. | 13 | | (3) The intentional dissemination of an image of | 14 | | another identifiable person who is engaged in a sexual act | 15 | | or whose intimate parts are exposed when the images involve | 16 | | voluntary exposure in public or commercial settings. | 17 | | (4) The intentional dissemination of an image of | 18 | | another identifiable person who is engaged in a sexual act | 19 | | or whose intimate parts are exposed when the dissemination | 20 | | serves a lawful public purpose. | 21 | | (d) Nothing in this Section shall be construed to impose | 22 | | liability upon the following entities solely as a result of | 23 | | content or information provided by another person: | 24 | | (1) an interactive computer service, as defined in 47 | 25 | | U.S.C. 230(f)(2); | 26 | | (2) a provider of public mobile services or private |
| | | SB1009 Enrolled | - 4 - | LRB098 05273 MRW 35305 b |
|
| 1 | | radio services, as defined in Section 13-214 of the Public | 2 | | Utilities Act; or | 3 | | (3) a telecommunications network or broadband | 4 | | provider. | 5 | | (e) A person convicted under this Section is subject to the | 6 | | forfeiture provisions in Article 124B of the Code of Criminal | 7 | | Procedure of 1963. | 8 | | (f) Sentence. Non-consensual dissemination of private | 9 | | sexual images is a Class 4 felony.
| 10 | | Section 10. The Code of Criminal Procedure of 1963 is | 11 | | amended by changing Sections 124B-10 and 124B-500 as follows:
| 12 | | (725 ILCS 5/124B-10)
| 13 | | Sec. 124B-10. Applicability; offenses. This Article | 14 | | applies to forfeiture of property in connection with the | 15 | | following: | 16 | | (1) A violation of Section 10-9 or 10A-10 of the | 17 | | Criminal Code of 1961 or the Criminal Code of 2012 | 18 | | (involuntary servitude; involuntary servitude of a minor; | 19 | | or trafficking in persons). | 20 | | (2) A violation of subdivision (a)(1) of Section | 21 | | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | 22 | | of 2012 (promoting juvenile prostitution) or a violation of | 23 | | Section 11-17.1 of the Criminal Code of 1961 (keeping a | 24 | | place of juvenile prostitution). |
| | | SB1009 Enrolled | - 5 - | LRB098 05273 MRW 35305 b |
|
| 1 | | (3) A violation of subdivision (a)(4) of Section | 2 | | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | 3 | | of 2012 (promoting juvenile prostitution) or a violation of | 4 | | Section 11-19.2 of the Criminal Code of 1961 (exploitation | 5 | | of a child). | 6 | | (4) A second or subsequent violation of Section 11-20 | 7 | | of the Criminal Code of 1961 or the Criminal Code of 2012 | 8 | | (obscenity). | 9 | | (5) A violation of Section 11-20.1 of the Criminal Code | 10 | | of 1961 or the Criminal Code of 2012 (child pornography). | 11 | | (6) A violation of Section 11-20.1B or 11-20.3 of the | 12 | | Criminal Code of 1961 (aggravated child pornography). | 13 | | (6.5) A violation of Section 11-23.5 of the Criminal | 14 | | Code of 2012. | 15 | | (7) A violation of Section 12C-65 of the Criminal Code | 16 | | of 2012 or Article 44 of the Criminal Code of 1961 | 17 | | (unlawful transfer of a telecommunications device to a | 18 | | minor). | 19 | | (8) A violation of Section 17-50 or Section 16D-5 of | 20 | | the Criminal Code of 2012 or the Criminal Code of 1961 | 21 | | (computer fraud). | 22 | | (9) A felony violation of Section 17-6.3 or Article 17B | 23 | | of the Criminal Code of 2012 or the Criminal Code of 1961 | 24 | | (WIC fraud). | 25 | | (10) A felony violation of Section 48-1 of the Criminal | 26 | | Code of 2012 or Section 26-5 of the Criminal Code of 1961 |
| | | SB1009 Enrolled | - 6 - | LRB098 05273 MRW 35305 b |
|
| 1 | | (dog fighting). | 2 | | (11) A violation of Article 29D of the Criminal Code of | 3 | | 1961 or the Criminal Code of 2012 (terrorism). | 4 | | (12) A felony violation of Section 4.01 of the Humane | 5 | | Care for Animals Act (animals in entertainment).
| 6 | | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; | 7 | | 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. | 8 | | 1-1-13; 97-1150, eff. 1-25-13.) | 9 | | (725 ILCS 5/124B-500) | 10 | | Sec. 124B-500. Persons and property subject to forfeiture. | 11 | | A person who commits the offense of child pornography , or | 12 | | aggravated child pornography , or non-consensual dissemination | 13 | | of private sexual images under Section 11-20.1, 11-20.1B, or | 14 | | 11-20.3 , or 11-23.5 of the Criminal Code of 1961 or the | 15 | | Criminal Code of 2012 shall forfeit the following property to | 16 | | the State
of Illinois: | 17 | | (1) Any profits or proceeds and any property the person | 18 | | has acquired or maintained in violation of Section 11-20.1, | 19 | | 11-20.1B, or 11-20.3 , or 11-23.5 of the Criminal Code of | 20 | | 1961 or the Criminal Code of 2012 that the sentencing court | 21 | | determines, after a forfeiture hearing under this Article, | 22 | | to have been acquired or maintained as a result of child | 23 | | pornography , or aggravated child pornography , or | 24 | | non-consensual dissemination of private sexual images . | 25 | | (2) Any interest in, securities of, claim against, or |
| | | SB1009 Enrolled | - 7 - | LRB098 05273 MRW 35305 b |
|
| 1 | | property or contractual right of any kind affording a | 2 | | source of influence over any enterprise that the person has | 3 | | established, operated, controlled, or conducted in | 4 | | violation of Section 11-20.1, 11-20.1B, or 11-20.3 , or | 5 | | 11-23.5 of the Criminal Code of 1961 or the Criminal Code | 6 | | of 2012 that the sentencing court determines, after a | 7 | | forfeiture hearing under this Article, to have been | 8 | | acquired or maintained as a result of child pornography , or | 9 | | aggravated child pornography , or non-consensual | 10 | | dissemination of private sexual images . | 11 | | (3) Any computer that contains a depiction of child | 12 | | pornography in any encoded or decoded format in violation | 13 | | of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal | 14 | | Code of 1961 or the Criminal Code of 2012. For purposes of | 15 | | this paragraph (3), "computer" has the meaning ascribed to | 16 | | it in Section 17-0.5 of the Criminal Code of 2012.
| 17 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15 .)
|
|