Illinois General Assembly - Full Text of HB2537

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Full Text of HB2537 96th General Assembly

Introduced   Engrossed
Senate Amendment 001   Senate Amendment 002   Senate Amendment 003
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HB2537eng 96TH GENERAL ASSEMBLY

HB2537 Engrossed 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 Engrossed - 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.

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