093_HB0014
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1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Section 11-20.2 as follows:
6 (720 ILCS 5/11-20.2) (from Ch. 38, par. 11-20.2)
7 Sec. 11-20.2. Images of child pornography.
8 (a) Any commercial film and photographic print
9 processor, Internet service provider, or person who services
10 or repairs a computer who has knowledge of or observes,
11 within the scope of his or her professional capacity or
12 employment, any film, photograph, videotape, negative, or
13 slide, or computer image which depicts a child whom the
14 processor, Internet service provider, or person who services
15 or repairs a computer knows or reasonably should know to be
16 under the age of 18 where such child is:
17 (i) actually or by simulation engaged in any act of
18 sexual intercourse with any person or animal; or
19 (ii) actually or by simulation engaged in any act of
20 sexual contact involving the sex organs of the child and the
21 mouth, anus, or sex organs of another person or animal; or
22 which involves the mouth, anus or sex organs of the child and
23 the sex organs of another person or animal; or
24 (iii) actually or by simulation engaged in any act of
25 masturbation; or
26 (iv) actually or by simulation portrayed as being the
27 object of, or otherwise engaged in, any act of lewd fondling,
28 touching, or caressing involving another person or animal; or
29 (v) actually or by simulation engaged in any act of
30 excretion or urination within a sexual context; or
31 (vi) actually or by simulation portrayed or depicted as
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1 bound, fettered, or subject to sadistic, masochistic, or
2 sadomasochistic abuse in any sexual context; shall report
3 such instance to a peace officer immediately or as soon as
4 possible. Failure to make such report is shall be a petty
5 business offense with a fine of $1,000.
6 (b) In this Section:
7 "Computer" has the meaning ascribed to it in Section
8 16D-2 of this Code.
9 "Internet" means an interactive computer service or
10 system or an information service, system, or access software
11 provider that provides or enables computer access by multiple
12 users to a computer server, and includes, but is not limited
13 to, an information service, system, or access software
14 provider that provides access to a network system commonly
15 known as the Internet, or any comparable system or service
16 and also includes, but is not limited to, a World Wide Web
17 page, newsgroup, message board, mailing list, or chat area on
18 any interactive computer service or system or other online
19 service.
20 "Internet service provider" means an entity that provides
21 end user access to the Internet.
22 (Source: P.A. 84-1280.)