State of Illinois
92nd General Assembly

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[ House Amendment 001 ]



 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
 5    adding Section 11-20.3 as follows:

 6        (720 ILCS 5/11-20.3 new)
 7        Sec.  11-20.3.  Knowing dissemination of obscene material
 8    to a minor by computer.
 9        (a)  A   person   commits   the   offense   of    knowing
10    dissemination of obscene material to a minor by computer who:
11             (1)  knows   the   character   and   content   of  a
12        communication that, in whole or in part,  depicts  actual
13        or  simulated  sexual  intercourse  with  any  person  or
14        animal,  any  act  of  actual or simulated sexual contact
15        involving the sex organs of any person or animal, any act
16        of actual or simulated masturbation, any act of actual or
17        simulated lewd fondling or caressing, any act  of  actual
18        or  simulated  sadistic,  masochistic, or sadomasochistic
19        abuse in any sexual context, or any  lewd  exhibition  of
20        the  unclothed  genitals, pubic area, buttocks, or female
21        breast of any person;
22             (2)  initiates the  communication,  by  computer  or
23        otherwise,  with  a  person  known  to  the defendant, by
24        computer or otherwise, to be a minor under the age of 18;
25        and
26             (3)  disseminates the communication to the minor  by
27        computer,  the  Internet,  the  World  Wide Web, or other
28        commercial or noncommercial on-line service.
29        (b)  Admissibility of evidence.  In any  prosecution  for
30    an offense under this Section evidence is admissible to show:
31             (1)  The  character  of  the  audience for which the
                            -2-                LRB9202518RCcd
 1        communication was designed or to which it was directed.
 2             (2)  What   the   predominant    appeal    of    the
 3        communication  would  be for ordinary adults or a special
 4        audience, and what effect, if any, it would probably have
 5        on the behavior of those people.
 6             (3)  The artistic, literary, scientific, educational
 7        or other merits of the communication, or absence of those
 8        merits.
 9             (4)  The degree, if any, of public acceptance of the
10        communication in this State.
11             (5)  Appeal to prurient interest, or absence of that
12        appeal,  in  advertising  or  other  promotion   of   the
13        communication.
14             (6)  Purpose  of  the author, creator, publisher, or
15        disseminator.
16        (c)  Affirmative defense.  In any prosecution for knowing
17    dissemination of obscene material to a minor by computer,  it
18    is an affirmative defense if all of the following are proven:
19    (1)  the  defendant made a reasonable effort to ascertain the
20    true age of the minor; (2) the defendant was unable to do  so
21    as  a  result  of  actions  taken  by  the minor; and (3) the
22    defendant made no attempt to conceal his or her true  age  or
23    identity.
24        (d)  Sentence.  Knowing dissemination of obscene material
25    to a minor by computer is a Class 4 felony.

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