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| | SB2694 Engrossed | | LRB098 17939 RLC 53063 b |
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| 1 | | AN ACT concerning posting of information on an Internet |
| 2 | | site.
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| 3 | | Be it enacted by the People of the State of Illinois,
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| 4 | | represented in the General Assembly:
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| 5 | | Section 5. The Criminal Code of 2012 is amended by changing |
| 6 | | Section 11-23 as follows:
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| 7 | | (720 ILCS 5/11-23)
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| 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
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| 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.
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| 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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| | SB2694 Engrossed | - 3 - | LRB098 17939 RLC 53063 b |
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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
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| 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.
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| 19 | | (c) Definitions. For purposes of this Section:
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| 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
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| 23 | | that is child pornography as defined in Section 11-20.1 of |
| 24 | | this Code.
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| 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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