96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2537


 
Introduced 2/20/2009, by Rep. LaShawn K. Ford
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/11-20.4 new










    Amends the Criminal Code of 1961.  Provides that it is a Class A misdemeanor for a person to upload on the Internet an electronic nude image of another person without the written consent of the person whose nude image was uploaded and with the intent to injure the reputation of the other person or with the intent to cause emotional distress to the other person.  Provides that it is a Class A misdemeanor for a person to disseminate a video recording of another person without the written consent of the person whose nude image was disseminated and with the intent to injure the reputation of the other person or with the intent to cause emotional distress to the other person.  Exempts: (1) the dissemination of a nude image of an infant or toddler that is not child pornography; or (2) the depiction of a nude image in a museum or place of worship that is not obscenity or child pornography. 
















LRB096 03358 RLC 18546 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB2537

LRB096 03358 RLC 18546 b






1
    AN ACT concerning 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 adding 
5
Section 11-20.4 as follows:
 
6
    (720 ILCS 5/11-20.4  new)
7
    Sec. 11-20.4. Dissemination of nude images; written 
8
consent.
9
    (a)  Elements of the offense.  It is unlawful for a person to 
10
upload on the Internet an electronic nude image of another 
11
person without the written consent of the person whose nude 
12
image was uploaded and with the intent to injure the reputation 
13
of the other person or with the intent to cause emotional 
14
distress to the other person.
15
    (b)  It is unlawful for a person to disseminate a video 
16
recording of another person without the written consent of the 
17
person whose nude image was disseminated and with the intent to 
18
injure the reputation of the other person or with the intent to 
19
cause emotional distress to the other person. 
20
    (c)  Sentence.  A person who violates this Section is guilty 
21
of a Class A misdemeanor.
22
    (d)  Exemptions.  Nothing in this Section shall be construed 
23
to prohibit:
 


 






HB2537
- 2 -
LRB096 03358 RLC 18546 b




1
        (1) the dissemination of a nude image of an infant or 
2
    toddler that is not child pornography under Section 
3
    11-20.1; or
4
        (2)  the depiction of a nude image in a museum or place 
5
    of worship that is not obscenity under Section 11-20 or 
6
    child pornography under Section 11-20.1. 
7
    (e)  Definitions.  For the purposes of this Section:
8
        "Computer", "computer program", and "data" have the 
9
    meanings
ascribed to them in Section 16D-2 of this Code. 
10
        "Depiction"  means a computer program or data that, 
11
    after
being processed by a computer either alone or in 
12
    conjunction with one or more
computer programs, results in 
13
    a visual depiction on a computer monitor, screen,
or 
14
    display. 
15
        "Disseminate" means (i) to sell, distribute, exchange, 
16
    or transfer
possession, whether with or without 
17
    consideration or (ii) to make a depiction
by computer 
18
    available for distribution or downloading through the 
19
    facilities
of any telecommunications network or through 
20
    any other means of transferring
computer programs or data 
21
    to a computer. 
22
        "Internet" has the meaning ascribed to it in Section 
23
    16J-5 of this Code. 
24
        "Nude image"  means a depiction that  exposes the male 
25
    genitals or buttocks or the female genitals, breasts, or 
26
    buttocks.