Illinois General Assembly - Bill Status for HB4879

Amends the Criminal Code of 1961 in relation to child pornography. Provides that a person is guilty of a Class X felony with a term of imprisonment of not less than 9 years and not more than 40 years if the person knowingly films, videotapes, photographs, or otherwise depicts or portrays by means of any similar visual medium or reproduction or depicts by computer any child whom he or she knows or reasonably should know to be under the age of 18 or any severely or profoundly mentally retarded person where such child or severely or profoundly mentally retarded person is the victim of an act of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse or knowingly possesses such film, videotape, photograph, or other depiction by computer.

Provides that telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of the child pornography statute.

Deletes the substance of the bill. Amends the Criminal Code of 1961 relating to the offense of child pornography. Provides that a person also commits the offense of child pornography when he or she knowingly films, videotapes, photographs, or otherwise depicts or portrays by means of any similar visual medium or reproduction or depicts by computer any actual or simulated act of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse involving any child whom he or she knows or reasonably should know to be under the age of 18 or any severely or profoundly mentally retarded person, or knowingly possesses such film, videotape, photograph, or other depiction by computer.

Provides that the immunity from liability for telecommunication carriers, commercial mobile service providers, and providers of information services does not apply in cases of willful and wanton misconduct.

Deletes the new violation to the child pornography statute. In the aggravated child pornography statute, provides that a person also commits the offense who knowingly films, videotapes, photographs, or otherwise depicts or portrays by means of any similar visual medium or reproduction or depicts by computer any actual or simulated act in violation of the statutes concerning criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse, involving any child whom he or she knows or reasonably should know to be under the age of 18 or any severely or profoundly mentally retarded person; or with knowledge of the nature or content thereof, possesses any film, videotape, photograph or other similar visual reproduction or depiction by computer of any actual or simulated act in violation of such statutes, involving any child whom he or she knows or reasonably should know to be under the age of 18 or any severely or profoundly mentally retarded person. Establishes penalties for such offenses.

Further amends the Criminal Code of 1961. Limits the affirmative defense to aggravated child pornography that the defendant reasonably believed, under all of the circumstances, that the child victim was not under 13 years of age to those cases of aggravated child pornography in which an element of the offense is that the defendant knew or reasonably should have known that the child victim was under 13 years of age. Establishes an affirmative defense to aggravated child pornography in which the offense involves the depiction of a child known or reasonably known by the defendant to be under 18 years of age engaged in certain sexual acts that the defendant reasonably believed, under all of the circumstances, that the child was 18 years of age or older or that the person was not a severely or profoundly mentally retarded person but only where, prior to the act or acts giving rise to a prosecution, he or she took some affirmative action or made a bonafide inquiry designed to ascertain whether the child was 18 years of age or older or that the person was not a severely or profoundly mentally retarded person and his reliance upon the information so obtained was clearly reasonable.

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