96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4583

 

Introduced , by Rep. Darlene J. Senger

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-27 new

    Amends the Criminal Code of 1961. Provides that it is unlawful for a minor under 17 years of age to knowingly disseminate any material that depicts nudity or other sexual conduct by electronic transfer or capture of images of the person's self image or image of another minor under 17 years of age. Provides that a violation is a Class B misdemeanor. Provides that it is unlawful for a minor under 17 years of age to knowingly request another minor under 17 years of age to violate this provision and distribute that image or images to another person or persons. Provides that a violation is a Class A misdemeanor. Provides that it is unlawful for a minor under 17 years of age to knowingly obtain an image in violation of these provisions and distribute the image or images by means of uploading the nude image on an Internet website with the intent to injure the reputation of the other person or with the intent to cause emotional distress to the other person and to maintain an Internet website or webpage which is accessible to one or more third parties for a period of at least 24 hours. Provides that a violation is a Class 4 felony. Permits the court to impose additional specified penalties.


LRB096 13244 RLC 27910 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4583 LRB096 13244 RLC 27910 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 11-27 as follows:
 
6     (720 ILCS 5/11-27 new)
7     Sec. 11-27. Electronic transfer or capture of harmful
8 material by a minor.
9     (a) It is unlawful for a minor under 17 years of age to
10 knowingly disseminate any material that depicts nudity or other
11 sexual conduct by electronic transfer or capture of images of
12 the person's self image or image of another minor under 17
13 years of age.
14     (b) It is unlawful for a minor under 17 years of age to
15 knowingly request another minor under 17 years of age to
16 violate subsection (a) and distribute that image or images to
17 another person or persons.
18     (c) It is unlawful for a minor under 17 years of age to
19 knowingly obtain an image in violation of subsection (a) or (b)
20 and distribute the image or images by means of uploading the
21 nude image on an Internet website with the intent to injure the
22 reputation of the other person or with the intent to cause
23 emotional distress to the other person and to maintain an

 

 

HB4583 - 2 - LRB096 13244 RLC 27910 b

1 Internet website or webpage which is accessible to one or more
2 third parties for a period of at least 24 hours.
3     (d) Sentence.
4         (1) A violation of subsection (a) of this Section is a
5     Class B misdemeanor.
6         (2) A violation of subsection (b) of this Section is a
7     Class A misdemeanor.
8         (3) A violation of subsection (c) of this Section is a
9     Class 4 felony.
10         (4) In addition to any other criminal penalties that
11     may be imposed, the court may order a minor convicted of or
12     placed on supervision for a violation of subsection (a),
13     (b), or (c) of this Section to complete a fee based (not to
14     exceed $75) diversion program that addresses the issues
15     giving rise to the violation. In addition to any other
16     criminal penalties that may be imposed, the court may
17     require a minor committing a second or subsequent violation
18     of subsection (a) or (b) to suspend the use, possession,
19     control, or operation of any electronic telecommunication
20     device for a period not to exceed 6 months, except that
21     use, possession, control, or operation of an electronic
22     telecommunication device for a life threatening emergency
23     shall be permitted.