SB2349sam004 95TH GENERAL ASSEMBLY

Sen. A. J. Wilhelmi

Filed: 4/11/2008

09500SB2349sam004 LRB095 19641 RLC 49459 a

AMENDMENT TO SENATE BILL 2349

AMENDMENT NO. ______. Amend Senate Bill 2349 on page 1, line 1, by inserting after "law" the following: ", which may be referred to as the Child Protection Act of 2008"; and

on page 1, by replacing lines 5 and 6 with the following: "Sections 11-9.4, 11-21, 11-23, and 11-24 and by adding Sections 10-8.1 and 11-6.6 as follows:"; and

on page 1, line 19, by inserting after "age" the following: ", other than for a lawful purpose under Illinois law"; and

on page 1, line 23, by inserting after "age" the following: ", other than for a lawful purpose under Illinois law"; and

on page 2, line 14, by inserting after "guardian" the following: "and the meeting with the child is arranged for a purpose other than a lawful purpose under Illinois law"; and

on page 4, line 18, by inserting after "communicate" the following: ", other than for a lawful purpose under Illinois law"; and

by deleting lines 18 through 25 on page 12 and lines 1 through 12 on page 13; and

on page 18, by inserting immediately below line 17 the following:

"(720 ILCS 5/11-23)

Sec. 11-23. Posting of identifying or graphic information on a pornographic Internet site or possessing graphic information with pornographic material.

(a) A person at least 17 years of age who discloses on an adult obscenity or child pornography Internet site the name, address, telephone number, or e-mail address of a person under 17 years of age at the time of the commission of the offense or of a person at least 17 years of age without the consent of the person at least 17 years of age is guilty of the offense of posting of identifying information on a pornographic Internet site.

(a-5) Any person who places, posts, reproduces, or maintains on an adult obscenity or child pornography Internet site a photograph, video, or digital image of a person under 18 years of age that is not child pornography under Section 11-20.1, without the knowledge and consent of the person under 18 years of age, is guilty of the offense of posting of graphic information on a pornographic Internet site. This provision applies even if the person under 18 years of age is fully or properly clothed in the photograph, video, or digital image.

(a-10) Any person who places, posts, reproduces, or maintains on an adult obscenity or child pornography Internet site, or possesses with obscene or child pornographic material a photograph, video, or digital image of a person under 18 year of age in which the child is posed in a suggestive manner with the focus or concentration of the image on the child's clothed genitals, clothed pubic area, clothed buttocks area, or if the child is female, the breast exposed through transparent clothing, and the photograph, video, or digital image is not child pornography under Section 11-20.1, is guilty of posting of graphic information on a pornographic Internet site or possessing graphic information with pornographic material.

(b) Sentence. A person who violates subsection (a) of this Section is guilty of a Class 4 felony if the victim is at least 17 years of age at the time of the offense and a Class 3 felony if the victim is under 17 years of age at the time of the offense. A person who violates subsection (a-5) of this Section is guilty of a Class 4 felony. A person who violates subsection (a-10) of this Section is guilty of a Class 3 felony.

(c) Definitions. For purposes of this Section:

(1) "Adult obscenity or child pornography Internet site" means a site on the Internet that contains material that is obscene as defined in Section 11-20 of this Code or that is child pornography as defined in Section 11-20.1 of this Code.

(2) "Internet" includes the World Wide Web, electronic mail, a news group posting, or Internet file transfer.

(Source: P.A. 91-222, eff. 7-22-99.)"; and

by replacing line 25 on page 18 and lines 1 through 4 on page 19 with the following:

"(1) conduct or operate any type of business in which he or she photographs, videotapes, or takes a digital image of a child; or

(2) conduct or operate any type of business in which he or she instructs or directs another"; and

on page 19, by replacing line 6 with the following:

"a child; or .

(3) photograph, videotape, or take a digital image of a child, or instruct or direct another person to photograph, videotape, or take a digital image of a child without the consent of the parent or guardian."; and

by deleting all of page 20.