Bill Status of SB 2007   103rd General Assembly


Short Description:  OBSCENE ELEC UNSOLICIT MESSAGE

Senate Sponsors
Sen. Adriane Johnson

Last Action  View All Actions

DateChamber Action
  2/9/2023SenateReferred to Assignments

Statutes Amended In Order of Appearance
New Act
720 ILCS 5/11-23.6 new

Synopsis As Introduced
Creates the Obscene Electronic Unsolicited Message Act. Provides that a person may file a private cause of action against another person 18 years of age or older who knowingly sends an image, that the person knows or reasonably should know is unsolicited, by electronic means, depicting obscene material. Provides that a prevailing plaintiff who suffers harm as a result of receiving an image, the receipt of which had been expressly forbidden by the plaintiff, in violation of these provisions, may recover the following: (1) actual damages proximately caused by the receipt of the image, including damages for emotional distress not exceeding $25,000; (2) attorney's fees; and (3) injunctive relief. Provides that the remedies under these provisions are cumulative and shall not be construed as restricting a remedy that is available under any other law. Provides exemptions. Amends the Criminal Code of 2012. Creates the offense of unsolicited transmission of sexually explicit material. Provides that a person commits the offense when: (1) he or she intentionally transmits by electronic means an image depicting a person engaged in a sexual act or whose intimate parts are exposed, in whole or in part; and (2) the image is not sent at the request of or with the consent of the recipient or the recipient has expressly forbidden receipt of such materials. Provides that nothing in these provisions preclude the imposition of other criminal penalties for that conduct. Provides exemptions. Provides that a violation is a Class C misdemeanor. Provides that a person who commits a third or subsequent violation is guilty of a Class B misdemeanor.

Actions 
DateChamber Action
  2/9/2023SenateFiled with Secretary by Sen. Adriane Johnson
  2/9/2023SenateFirst Reading
  2/9/2023SenateReferred to Assignments

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