Full Text of HB2513 096th General Assembly
HB2513enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 11-21 as follows:
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| (720 ILCS 5/11-21) (from Ch. 38, par. 11-21)
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| (Text of Section after amendment by P.A. 95-983 )
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| Sec. 11-21. Harmful material.
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| (a) As used in this Section:
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| "Distribute" means transfer possession of, whether | 11 |
| with or without consideration.
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| "Harmful to minors" means that quality of any | 13 |
| description or representation, in whatever form, of | 14 |
| nudity, sexual conduct, sexual excitement, or | 15 |
| sado-masochistic abuse, when, taken as a whole, it (i) | 16 |
| predominately appeals to the prurient interest in sex of | 17 |
| minors, (ii) is patently offensive to prevailing standards | 18 |
| in the adult community in the State as a whole with respect | 19 |
| to what is suitable material for minors, and (iii) lacks | 20 |
| serious literary, artistic, political, or scientific value | 21 |
| for minors.
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| "Knowingly" means having knowledge of the contents of | 23 |
| the subject matter, or recklessly failing to exercise |
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| reasonable inspection which would have disclosed the | 2 |
| contents.
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| "Material" means (i) any picture, photograph, drawing, | 4 |
| sculpture, film, video game, computer game, video or | 5 |
| similar visual depiction, including any such | 6 |
| representation or image which is stored electronically, or | 7 |
| (ii) any book, magazine, printed matter however | 8 |
| reproduced, or recorded audio of any sort.
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| "Minor" means any person under the age of 18.
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| "Nudity" means the showing of the human male or female | 11 |
| genitals, pubic area or buttocks with less than a full | 12 |
| opaque covering, or the showing of the female breast with | 13 |
| less than a fully opaque covering of any portion below the | 14 |
| top of the nipple, or the depiction of covered male | 15 |
| genitals in a discernably turgid state.
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| "Sado-masochistic abuse" means flagellation or torture | 17 |
| by or upon a person clad in undergarments, a mask or | 18 |
| bizarre costume, or the condition of being fettered, bound | 19 |
| or otherwise physically restrained on the part of one | 20 |
| clothed for sexual gratification or stimulation.
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| "Sexual conduct" means acts of masturbation, sexual | 22 |
| intercourse, or physical contact with a person's clothed or | 23 |
| unclothed genitals, pubic area, buttocks or, if such person | 24 |
| be a female, breast.
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| "Sexual excitement" means the condition of human male | 26 |
| or female genitals when in a state of sexual stimulation or |
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LRB096 09214 RLC 19366 b |
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| arousal.
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| (b) A person is guilty of distributing harmful material to | 3 |
| a minor when he or she:
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| (1) knowingly sells, lends, distributes, exhibits to, | 5 |
| depicts to, or gives away to a minor, knowing that the | 6 |
| minor is under the age of 18 or failing to exercise | 7 |
| reasonable care in ascertaining the person's true age:
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| (A) any material which depicts nudity, sexual | 9 |
| conduct or sado-masochistic abuse, or which contains | 10 |
| explicit and detailed verbal descriptions or narrative | 11 |
| accounts of sexual excitement, sexual conduct or | 12 |
| sado-masochistic abuse, and which taken as a whole is | 13 |
| harmful to minors;
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| (B) a motion picture, show, or other presentation | 15 |
| which depicts nudity, sexual conduct or | 16 |
| sado-masochistic abuse and is harmful to minors; or
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| (C) an admission ticket or pass to premises where | 18 |
| there is exhibited or to be exhibited such a motion | 19 |
| picture, show, or other presentation; or
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| (2) admits a minor to premises where there is exhibited | 21 |
| or to be exhibited such a motion picture, show, or other | 22 |
| presentation, knowing that the minor is a person under the | 23 |
| age of 18 or failing to exercise reasonable care in | 24 |
| ascertaining the person's true age.
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| (c) In any prosecution arising under this Section, it is an | 26 |
| affirmative defense:
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| (1) that the minor as to whom the offense is alleged to | 2 |
| have been committed exhibited to the accused a draft card, | 3 |
| driver's license, birth certificate or other official or | 4 |
| apparently official document purporting to establish that | 5 |
| the minor was 18 years of age or older, which was relied | 6 |
| upon by the accused;
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| (2) that the defendant was in a parental or | 8 |
| guardianship relationship with the minor or that the minor | 9 |
| was accompanied by a parent or legal guardian;
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| (3) that the defendant was a bona fide school, museum, | 11 |
| or public library, or was a person acting in the course of | 12 |
| his or her employment as an employee or official of such | 13 |
| organization or retail outlet affiliated with and serving | 14 |
| the educational purpose of such organization;
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| (4) that the act charged was committed in aid of | 16 |
| legitimate scientific or educational purposes; or
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| (5) that an advertisement of harmful material as | 18 |
| defined in this Section culminated in the sale or | 19 |
| distribution of such harmful material to a child under | 20 |
| circumstances where there was no personal confrontation of | 21 |
| the child by the defendant, his employees, or agents, as | 22 |
| where the order or request for such harmful material was | 23 |
| transmitted by mail, telephone, Internet or similar means | 24 |
| of communication, and delivery of such harmful material to | 25 |
| the child was by mail, freight, Internet or similar means | 26 |
| of transport, which advertisement contained the following |
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| statement, or a substantially similar statement, and that | 2 |
| the defendant required the purchaser to certify that he or | 3 |
| she was not under the age of 18 and that the purchaser | 4 |
| falsely stated that he or she was not under the age of 18: | 5 |
| "NOTICE: It is unlawful for any person under the age of 18 | 6 |
| to purchase the matter advertised. Any person under the age | 7 |
| of 18 that falsely states that he or she is not under the | 8 |
| age of 18 for the purpose of obtaining the material | 9 |
| advertised is guilty of a Class B misdemeanor under the | 10 |
| laws of the State."
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| (d) The predominant appeal to prurient interest of the | 12 |
| material shall be judged with reference to average children of | 13 |
| the same general age of the child to whom such material was | 14 |
| sold, lent, distributed or given, unless it appears from the | 15 |
| nature of the matter or the circumstances of its dissemination | 16 |
| or distribution that it is designed for specially susceptible | 17 |
| groups, in which case the predominant appeal of the material | 18 |
| shall be judged with reference to its intended or probable | 19 |
| recipient group.
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| (e) Distribution of harmful material in violation of this | 21 |
| Section is a Class A misdemeanor. A second or subsequent | 22 |
| offense is a Class 4 felony.
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| (f) Any person under the age of 18 that falsely states, | 24 |
| either orally or in writing, that he or she is not under the | 25 |
| age of 18, or that presents or offers to any person any | 26 |
| evidence of age and identity that is false or not actually his |
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| or her own for the purpose of ordering, obtaining, viewing, or | 2 |
| otherwise procuring or attempting to procure or view any | 3 |
| harmful material is guilty of a Class B misdemeanor.
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| (g) A person over the age of 18 who fails to exercise | 5 |
| reasonable care in ascertaining the true age of a minor, | 6 |
| knowingly distributes to, or sends, or causes to be sent, or | 7 |
| exhibits to, or offers to distribute, or exhibits any harmful | 8 |
| material to a person that he or she believes is a minor is | 9 |
| guilty of a Class A misdemeanor. If that person utilized a | 10 |
| computer web camera, cellular telephone, or any other type of | 11 |
| device to manufacture the harmful material, then each offense | 12 |
| is a Class 4 felony. | 13 |
| (h) Telecommunications carriers, commercial mobile service | 14 |
| providers, and providers of information services, including, | 15 |
| but not limited to, Internet service providers and hosting | 16 |
| service providers, are not liable under this Section, except | 17 |
| for willful and wanton misconduct, by virtue of the | 18 |
| transmission, storage, or caching of electronic communications | 19 |
| or messages of others or by virtue of the provision of other | 20 |
| related telecommunications, commercial mobile services, or | 21 |
| information services used by others in violation of this | 22 |
| Section. | 23 |
| (Source: P.A. 94-315, eff. 1-1-06; 95-983, eff. 6-1-09.)
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