[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ House Amendment 001 ] |
90_SB1505sam001
LRB9007343KSgcam01
1 AMENDMENT TO SENATE BILL 1505
2 AMENDMENT NO. . Amend Senate Bill 1505 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT concerning evidence."; and
5 on page 1, by inserting immediately after line 4 the
6 following:
7 "Section 5. The Criminal Code of 1961 is amended by
8 changing Section 11-20.1 as follows:
9 (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
10 Sec. 11-20.1. Child pornography.
11 (a) A person commits the offense of child pornography
12 who:
13 (1) films, videotapes, photographs, or otherwise
14 depicts or portrays by means of any similar visual medium
15 or reproduction or depicts by computer any child whom he
16 knows or reasonably should know to be under the age of 18
17 or any institutionalized severely or profoundly mentally
18 retarded person where such child or institutionalized
19 severely or profoundly mentally retarded person is:
20 (i) actually or by simulation engaged in any
21 act of sexual intercourse with any person or animal;
-2- LRB9007343KSgcam01
1 or
2 (ii) actually or by simulation engaged in any
3 act of sexual contact involving the sex organs of
4 the child or institutionalized severely or
5 profoundly mentally retarded person and the mouth,
6 anus, or sex organs of another person or animal; or
7 which involves the mouth, anus or sex organs of the
8 child or institutionalized severely or profoundly
9 mentally retarded person and the sex organs of
10 another person or animal; or
11 (iii) actually or by simulation engaged in any
12 act of masturbation; or
13 (iv) actually or by simulation portrayed as
14 being the object of, or otherwise engaged in, any
15 act of lewd fondling, touching, or caressing
16 involving another person or animal; or
17 (v) actually or by simulation engaged in any
18 act of excretion or urination within a sexual
19 context; or
20 (vi) actually or by simulation portrayed or
21 depicted as bound, fettered, or subject to sadistic,
22 masochistic, or sadomasochistic abuse in any sexual
23 context; or
24 (vii) depicted or portrayed in any pose,
25 posture or setting involving a lewd exhibition of
26 the unclothed genitals, pubic area, buttocks, or, if
27 such person is female, a fully or partially
28 developed breast of the child or other person; or
29 (2) with the knowledge of the nature or content
30 thereof, reproduces, disseminates, offers to disseminate,
31 exhibits or possesses with intent to disseminate any
32 film, videotape, photograph or other similar visual
33 reproduction or depiction by computer of any child or
34 institutionalized severely or profoundly mentally
-3- LRB9007343KSgcam01
1 retarded person whom the person knows or reasonably
2 should know to be under the age of 18 or to be an
3 institutionalized severely or profoundly mentally
4 retarded person, engaged in any activity described in
5 subparagraphs (i) through (vii) of paragraph (1) of this
6 subsection; or
7 (3) with knowledge of the subject matter or theme
8 thereof, produces any stage play, live performance, film,
9 videotape or other similar visual portrayal or depiction
10 by computer which includes a child whom the person knows
11 or reasonably should know to be under the age of 18 or an
12 institutionalized severely or profoundly mentally
13 retarded person engaged in any activity described in
14 subparagraphs (i) through (vii) of paragraph (1) of this
15 subsection; or
16 (4) solicits, uses, persuades, induces, entices, or
17 coerces any child whom he knows or reasonably should know
18 to be under the age of 18 or an institutionalized
19 severely or profoundly mentally retarded person to appear
20 in any stage play, live presentation, film, videotape,
21 photograph or other similar visual reproduction or
22 depiction by computer in which the child or
23 institutionalized severely or profoundly mentally
24 retarded person is or will be depicted, actually or by
25 simulation, in any act, pose or setting described in
26 subparagraphs (i) through (vii) of paragraph (1) of this
27 subsection; or
28 (5) is a parent, step-parent, legal guardian or
29 other person having care or custody of a child whom the
30 person knows or reasonably should know to be under the
31 age of 18 or an institutionalized severely or profoundly
32 mentally retarded person and who knowingly permits,
33 induces, promotes, or arranges for such child or
34 institutionalized severely or profoundly mentally
-4- LRB9007343KSgcam01
1 retarded person to appear in any stage play, live
2 performance, film, videotape, photograph or other similar
3 visual presentation, portrayal or simulation or depiction
4 by computer of any act or activity described in
5 subparagraphs (i) through (vii) of paragraph (1) of this
6 subsection; or
7 (6) with knowledge of the nature or content
8 thereof, possesses any film, videotape, photograph or
9 other similar visual reproduction or depiction by
10 computer of any child or institutionalized severely or
11 profoundly mentally retarded person whom the person knows
12 or reasonably should know to be under the age of 18 or to
13 be an institutionalized severely or profoundly mentally
14 retarded person, engaged in any activity described in
15 subparagraphs (i) through (vii) of paragraph (1) of this
16 subsection; or
17 (7) solicits, uses, persuades, induces, entices, or
18 coerces a person to provide a child under the age of 18
19 or an institutionalized severely or profoundly mentally
20 retarded person to appear in any videotape, photograph,
21 film, stage play, live presentation, or other similar
22 visual reproduction or depiction by computer in which the
23 child or an institutionalized severely or profoundly
24 mentally retarded person will be depicted, actually or by
25 simulation, in any act, pose, or setting described in
26 subparagraphs (i) through (vii) of paragraph (1) of this
27 subsection.
28 (b) (1) It shall be an affirmative defense to a charge
29 of child pornography that the defendant reasonably believed,
30 under all of the circumstances, that the child was 18 years
31 of age or older or that the person was not an
32 institutionalized severely or profoundly mentally retarded
33 person but only where, prior to the act or acts giving rise
34 to a prosecution under this Section, he took some affirmative
-5- LRB9007343KSgcam01
1 action or made a bonafide inquiry designed to ascertain
2 whether the child was 18 years of age or older or that the
3 person was not an institutionalized severely or profoundly
4 mentally retarded person and his reliance upon the
5 information so obtained was clearly reasonable.
6 (2) It shall be an affirmative defense to a charge of
7 child pornography that the defendant was employed by a public
8 library or any library operated by an institution accredited
9 by a generally recognized accrediting agency, at the time the
10 act leading to the charge of child pornography took place and
11 such act was committed during the course of employment.
12 (3) The charge of child pornography shall not apply to
13 the performance of official duties by law enforcement or
14 prosecuting officers, court personnel or attorneys, nor to
15 bonafide treatment or professional education programs
16 conducted by licensed physicians, psychologists or social
17 workers.
18 (4) Possession by the defendant of more than one of the
19 same film, videotape or visual reproduction or depiction by
20 computer in which child pornography is depicted shall raise a
21 rebuttable presumption that the defendant possessed such
22 materials with the intent to disseminate them.
23 (c) Violation of paragraph (1), (4), (5), or (7) of
24 subsection (a) is a Class 1 felony with a mandatory minimum
25 fine of $2,000 and a maximum fine of $100,000. Violation of
26 paragraph (3) of subsection (a) is a Class 1 felony with a
27 mandatory minimum fine of $1500 and a maximum fine of
28 $100,000. Violation of paragraph (2) of subsection (a) is a
29 Class 1 felony with a mandatory minimum fine of $1000 and a
30 maximum fine of $100,000. Violation of paragraph (6) of
31 subsection (a) is a Class 3 felony with a mandatory minimum
32 fine of $1000 and a maximum fine of $100,000.
33 (d) If a person is convicted of a second or subsequent
34 violation of this Section within 10 years of a prior
-6- LRB9007343KSgcam01
1 conviction, the court shall order a presentence psychiatric
2 examination of the person. The examiner shall report to the
3 court whether treatment of the person is necessary.
4 (e) Any film, videotape, photograph or other similar
5 visual reproduction or depiction by computer which includes a
6 child under the age of 18 or an institutionalized severely or
7 profoundly mentally retarded person engaged in any activity
8 described in subparagraphs (i) through (vii) or paragraph 1
9 of subsection (a), and any material or equipment used or
10 intended for use in photographing, filming, printing,
11 producing, reproducing, manufacturing, projecting,
12 exhibiting, depiction by computer, or disseminating such
13 material shall be seized and forfeited in the manner, method
14 and procedure provided by Section 36-1 of this Code for the
15 seizure and forfeiture of vessels, vehicles and aircraft.
16 (e-5) Upon the conclusion of a case brought under this
17 Section, the court shall seal all evidence depicting a victim
18 or witness that is sexually explicit. The evidence may be
19 unsealed and viewed, on a motion of the party seeking to
20 unseal and view the evidence, only for good cause shown and
21 in the discretion of the court. The motion must expressly
22 set forth the purpose for viewing the material. The State's
23 attorney and the victim, if possible, shall be provided
24 reasonable notice of the hearing on the motion to unseal the
25 evidence. Any person entitled to notice of a hearing under
26 this subsection (e-5) may object to the motion.
27 (f) Definitions. For the purposes of this Section:
28 (1) "Disseminate" means (i) to sell, distribute,
29 exchange or transfer possession, whether with or without
30 consideration or (ii) to make a depiction by computer
31 available for distribution or downloading through the
32 facilities of any telecommunications network or through
33 any other means of transferring computer programs or data
34 to a computer;
-7- LRB9007343KSgcam01
1 (2) "Produce" means to direct, promote, advertise,
2 publish, manufacture, issue, present or show;
3 (3) "Reproduce" means to make a duplication or
4 copy;
5 (4) "Depict by computer" means to generate or
6 create, or cause to be created or generated, a computer
7 program or data that, after being processed by a computer
8 either alone or in conjunction with one or more computer
9 programs, results in a visual depiction on a computer
10 monitor, screen, or display.
11 (5) "Depiction by computer" means a computer
12 program or data that, after being processed by a computer
13 either alone or in conjunction with one or more computer
14 programs, results in a visual depiction on a computer
15 monitor, screen, or display.
16 (6) "Computer", "computer program", and "data" have
17 the meanings ascribed to them in Section 16D-2 of this
18 Code.
19 (Source: P.A. 90-68, eff. 7-8-97.)"; and
20 on page 1, line 5, by changing "Section 5." to "Section 10.".