Full Text of SB2694 98th General Assembly
SB2694eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning posting of information on an Internet | 2 | | site.
| 3 | | Be it enacted by the People of the State of Illinois,
| 4 | | represented in the General Assembly:
| 5 | | Section 5. The Criminal Code of 2012 is amended by changing | 6 | | Section 11-23 as follows:
| 7 | | (720 ILCS 5/11-23)
| 8 | | Sec. 11-23. Posting of identifying or graphic information | 9 | | on a pornographic
Internet site or possessing graphic | 10 | | information with pornographic material ; posting private | 11 | | material . | 12 | | (a) A person at least 17 years of age who knowingly | 13 | | discloses on an adult obscenity or
child
pornography Internet | 14 | | site the name, address, telephone number, or e-mail
address of | 15 | | a person
under 17 years of age at the time of the commission of
| 16 | | the offense or of a person at least 17 years of age without the | 17 | | consent of
the person at least 17 years of age is guilty of | 18 | | posting of
identifying information on a pornographic Internet | 19 | | site.
| 20 | | (a-5) Any person who knowingly places, posts, reproduces, | 21 | | or maintains on an adult obscenity or child pornography | 22 | | Internet site a photograph, video, or digital image of a person | 23 | | under 18 years of age that is not child pornography under |
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| 1 | | Section 11-20.1, without the knowledge and consent of the | 2 | | person under 18 years of age, is guilty of posting of graphic | 3 | | information on a pornographic Internet site. This provision | 4 | | applies even if the person under 18 years of age is fully or | 5 | | properly clothed in the photograph, video, or digital image. | 6 | | (a-10) Any person who knowingly places, posts, reproduces, | 7 | | or maintains on an adult obscenity or child pornography | 8 | | Internet site, or possesses with obscene or child pornographic | 9 | | material a photograph, video, or digital image of a person | 10 | | under 18 years of age in which the child is posed in a | 11 | | suggestive manner with the focus or concentration of the image | 12 | | on the child's clothed genitals, clothed pubic area, clothed | 13 | | buttocks area, or if the child is female, the breast exposed | 14 | | through transparent clothing, and the photograph, video, or | 15 | | digital image is not child pornography under Section 11-20.1, | 16 | | is guilty of posting of graphic information on a pornographic | 17 | | Internet site or possessing graphic information with | 18 | | pornographic material. | 19 | | (a-15)(1) Any person who knowingly, with intent to cause | 20 | | emotional distress, places, posts, or reproduces on an Internet | 21 | | site a photograph, video, or digital image of a person, who is | 22 | | 18 years of age or older, in a state of nudity, in a state of | 23 | | sexual excitement, or engaged in any act of sexual conduct or | 24 | | sexual penetration, without the knowledge and consent of that | 25 | | person, is guilty of posting private material. | 26 | | (2) Nothing in this subsection (a-15) shall be construed to |
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| 1 | | impose liability for content or information provided by another | 2 | | person upon: | 3 | | (A) an interactive computer service, as defined in 47 | 4 | | U.S.C. 230 (f)(2); | 5 | | (B) a provider of public or private mobile service, as | 6 | | defined in Section 13-214 of the Public Utilities Act; or | 7 | | (C) a telecommunications network provider. | 8 | | (3) Nothing in this subsection (a-15) shall be construed to | 9 | | impose liability on the news media for publication of images or | 10 | | videos that are of substantial public interest. | 11 | | (b) Sentence. A person who violates subsection (a) of this | 12 | | Section is guilty of a Class 4
felony if the victim is at least | 13 | | 17 years of age at the time of the offense and
a
Class 3 felony | 14 | | if the victim is under 17 years of age at the time of the
| 15 | | offense. A person who violates subsection (a-5) or (a-15) of | 16 | | this Section is guilty of a Class 4 felony. A person who | 17 | | violates subsection (a-10) of this Section is guilty of a Class | 18 | | 3 felony.
| 19 | | (c) Definitions. For purposes of this Section:
| 20 | | (1) "Adult obscenity or child pornography Internet | 21 | | site" means a site on
the Internet that contains material | 22 | | that is obscene as defined in Section 11-20
of this Code or
| 23 | | that is child pornography as defined in Section 11-20.1 of | 24 | | this Code.
| 25 | | (2) "Internet" has the meaning set forth in Section | 26 | | 16-0.1 of this Code.
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| 1 | | (3) "News media" means a newspaper or other periodical | 2 | | issued at regular intervals whether in print or electronic | 3 | | format, a news service whether in print or electronic | 4 | | format, a radio station, a television station, a television | 5 | | network, a community antenna television service, or a | 6 | | person or corporation engaged in making news reels or other | 7 | | motion picture news for public showing. | 8 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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