Illinois General Assembly - Full Text of HB3553
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Full Text of HB3553  103rd General Assembly

HB3553 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3553

 

Introduced 2/17/2023, by Rep. Anne Stava-Murray

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Civil Liability for Unsolicited Intimate Images Act. Provides that any person 18 years of age or older who knowingly transmits an intimate image by computer or other electronic means to the computer or electronic communication device of another person 18 years of age or older when such other person has not consented to the use of the other person's computer or electronic communication device for the receipt of such material or has expressly forbidden the receipt of such material shall be considered a trespass and shall be liable to the recipient of the intimate image for actual damages or $500, whichever is greater. Provides that the Act does not apply to (i) any Internet service provider, mobile data provider, or operator of an online or mobile application, to the extent that such entity is transmitting, routing, or providing connections for electronic communications initiated by or at the direction of another, (ii) any service that transmits an intimate image, including an on-demand, subscription or advertising-supported service, (iii) a health care provider that transmits an intimate image for a legitimate medical purpose, or (iv) any transmission of commercial email. Provides that venue for an action under the Act may lie in the jurisdiction where the intimate image is transmitted from or where the intimate image is received or possessed by the plaintiff.


LRB103 30436 LNS 56867 b

 

 

A BILL FOR

 

HB3553LRB103 30436 LNS 56867 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Civil
5Liability for Unsolicited Intimate Images Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Electronic communication device" means (i) any type of
8instrument, device, machine, equipment, or software that is
9capable of transmitting, acquiring, encrypting, decrypting, or
10receiving any signs, signals, writings, images, and sounds or
11intelligence of any nature by wire, radio, optical, or other
12electromagnetic systems or (ii) any part, accessory, or
13component of such an instrument, device, machine, equipment,
14or software, including, but not limited to, any computer
15circuit, computer chip, security module, smart card,
16electronic mechanism, or other component, accessory, or part,
17that is capable of facilitating the transmission, acquisition,
18encryption, decryption, or reception of signs, signals,
19writings, images, and sounds or intelligence of any nature by
20wire, radio, optical, or other electromagnetic systems.
21    "Intimate image" means a photograph, film, video,
22recording, digital picture, or other visual reproduction of a
23person 18 years of age or older who is in a state of undress so

 

 

HB3553- 2 -LRB103 30436 LNS 56867 b

1as to expose the human male or female genitals.
 
2    Section 10. Unsolicited intimate image liability. Any
3person 18 years of age or older who knowingly transmits an
4intimate image by computer or other electronic means to the
5computer or electronic communication device of another person
618 years of age or older when such other person has not
7consented to the use of the other person's computer or
8electronic communication device for the receipt of such
9material or has expressly forbidden the receipt of such
10material shall be considered a trespass and shall be liable to
11the recipient of the intimate image for actual damages or
12$500, whichever is greater, in addition to reasonable
13attorney's fees and costs. The court may also enjoin and
14restrain the defendant from committing such further acts.
15    The remedies provided by this Act are cumulative and shall
16not be construed as restricting a remedy that is available
17under any other law.
 
18    Section 15. Application. The provisions of this Act shall
19not apply to (i) any Internet service provider, mobile data
20provider, or operator of an online or mobile application, to
21the extent that such entity is transmitting, routing, or
22providing connections for electronic communications initiated
23by or at the direction of another, (ii) any service that
24transmits an intimate image, including an on-demand,

 

 

HB3553- 3 -LRB103 30436 LNS 56867 b

1subscription or advertising-supported service, (iii) a health
2care provider that transmits an intimate image for a
3legitimate medical purpose, or (iv) any transmission of
4commercial email.
 
5    Section 20. Venue. Venue for an action under this Act may
6lie in the jurisdiction where the intimate image is
7transmitted from or where the intimate image is received or
8possessed by the plaintiff.