SB1716 104TH GENERAL ASSEMBLY

LRB104 07853 RLC 17899 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1716

Introduced 2/5/2025, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

720 ILCS 5/11-23.5

Amends the Criminal Code of 2012. Provides that non-consensual dissemination of private sexual images is a Class 3 felony if the person who commits the offense of non-consensual dissemination of private sexual images uses an end-to-end encryption messaging system or device to transmit or disseminate the image to the victim or to another person. Defines "end-to-end encryption messaging system or device". Effective immediately.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by changing Section 11-23.5 as follows:

(720 ILCS 5/11-23.5)

Sec. 11-23.5. Non-consensual dissemination of private sexual images.

(a) Definitions. For the purposes of this Section:

"Computer", "computer program", and "data" have the meanings ascribed to them in Section 17-0.5 of this Code.

"End-to-end encryption messaging system or device" means a method of data transmission in which only the sender and the intended recipient can access the content of the communication. "End-to-end encryption messaging system or device" includes, but is not limited to, encrypted messaging services, encrypted email, and other forms of secure communication where data is encrypted during transmission and can only be decrypted by the intended recipient.

"Image" includes a photograph, film, videotape, digital recording, or other depiction or portrayal of an object, including a human body.

"Intimate parts" means the fully unclothed, partially unclothed or transparently clothed genitals, pubic area, anus, or if the person is female, a partially or fully exposed nipple, including exposure through transparent clothing.

"Personal identifying information" has the meaning ascribed to the term in Section 16-0.1.

"Sexual act" means sexual penetration, masturbation, or sexual activity.

"Sexual activity" means any:

(1) knowing touching or fondling by the victim or another person or animal, either directly or through clothing, of the sex organs, anus, or breast of the victim or another person or animal for the purpose of sexual gratification or arousal; or

(2) any transfer or transmission of semen upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or another; or

(3) an act of urination within a sexual context; or

(4) any bondage, fetter, or sadism masochism; or

(5) sadomasochism abuse in any sexual context.

(b) A person commits non-consensual dissemination of private sexual images when he or she:

(1) intentionally disseminates an image of another person:

(A) (blank); and

(B) who is identifiable from the image itself, or whose personal identifying information is displayed or disseminated in connection with the image, or whose identity is known to the person who disseminated the image; and

(C) who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part; and

(2) obtains the image under circumstances in which a reasonable person would know or understand that the image was to remain private; and

(3) knows or should have known that the person in the image has not consented to the dissemination.

(c) The following activities are exempt from the provisions of this Section:

(1) The intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed when the dissemination is made for the purpose of a criminal investigation that is otherwise lawful.

(2) The intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed when the dissemination is for the purpose of, or in connection with, the reporting of unlawful conduct.

(3) The intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed when the images involve voluntary exposure in public or commercial settings.

(4) The intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed when the dissemination serves a lawful public purpose.

(d) Nothing in this Section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person:

(1) an interactive computer service, as defined in 47 U.S.C. 230(f)(2);

(2) a provider of public mobile services or private radio services, as defined in Section 13-214 of the Public Utilities Act; or

(3) a telecommunications network or broadband provider.

(e) A person convicted under this Section is subject to the forfeiture provisions in Article 124B of the Code of Criminal Procedure of 1963.

(f) Sentence. Non-consensual dissemination of private sexual images is a Class 4 felony. Non-consensual dissemination of private sexual images is a Class 3 felony if the person who commits the offense of non-consensual dissemination of private sexual images uses an end-to-end encryption messaging system or device to transmit or disseminate the image to the victim or to another person.

(Source: P.A. 103-825, eff. 1-1-25.)

Section 99. Effective date. This Act takes effect upon becoming law.