103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2741
 
Introduced 1/12/2024, by Sen. Dan McConchie
 
SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-20.1-5 new
    Amends the Criminal Code of 2012. Creates the offense of unlawful deepfake of a minor engaging in sexual activity. Provides that any person who, with knowledge that the material is a deepfake depicting a minor under 18 years of age, knowingly distributes, advertises, exhibits, exchanges with, promotes, or sells any material that depicts a minor engaging in sexual conduct or sexual penetration is guilty of a Class 1 felony. Provides that if the minor depicted is under 13 years of age, unlawful deepfake of a minor engaging in sexual activity is a Class X felony. Defines terms. Contains a severability provision.


LRB103 35884 RLC 65969 b

 
 
A BILL FOR
 
SB2741LRB103 35884 RLC 65969 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding 
5Section 11-20.1-5 as follows:
 
6    (720 ILCS 5/11-20.1-5 new)
7    Sec. 11-20.1-5. Unlawful deepfake of a minor engaging in 
8sexual activity. 
9    (a) In this Section:
10    "Deepfake" means any visual media created, altered, or 
11otherwise manipulated in a manner that would falsely appear to 
12a reasonable observer to be an authentic record of the 
13individual's actual speech, conduct, or likeness.
14    "Distribute" means to publish or disseminate, including 
15but not limited to: advertising, exhibiting, exchanging, 
16promoting, or selling deepfake material.
17    "Material" has the meaning given to that term in Section 
1811-21. 
19    "Minor" means any natural person under 18 years of age.
20    "Natural person" means a human being with legal 
21personality as distinguished from a person created by digital 
22means or by operation of law.
23    "Recognizable physical characteristics" means an actual 
 
 
SB2741- 2 -LRB103 35884 RLC 65969 b

1minor's face or likeness.
2    "Sexual conduct" and "sexual penetration" have the 
3meanings given to those terms in Section 11-0.1, whether 
4actual or simulated.
5    (b) Any person who, with knowledge that the material is a 
6deepfake depicting a minor, knowingly possesses or distributes 
7material that depicts a minor engaging in sexual conduct or 
8sexual penetration commits unlawful deepfake of a minor 
9engaging in sexual activity.
10    (c) Sentence. Any person who, with knowledge that the 
11material is a deepfake depicting a minor, knowingly 
12distributes, advertises, exhibits, exchanges with, promotes, 
13or sells any material that depicts a minor engaging in sexual 
14conduct or sexual penetration is guilty of a Class 1 felony. If 
15the minor depicted is under 13 years of age, unlawful deepfake 
16of a minor engaging in sexual activity is a Class X felony.
17    (d) Nothing in this Section shall be construed to impose 
18liability on an interactive computer service, as defined in 47 
19U.S.C. 230(f), for information provided by another information 
20content provider.
21    (e) The provisions of this Section shall not preclude 
22prosecution under any other law.
 
23    Section 97. Severability. The provisions of this Act are 
24severable under Section 1.31 of the Statute on Statutes.