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Public Act 098-1138 Public Act 1138 98TH GENERAL ASSEMBLY |
Public Act 098-1138 | SB1009 Enrolled | LRB098 05273 MRW 35305 b |
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| 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 adding | Section 11-23.5 as follows: | (720 ILCS 5/11-23.5 new) | 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. | "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. | "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) who is at least 18 years of age; and | (B) who is identifiable from the image itself or | information displayed in connection with 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.
| Section 10. The Code of Criminal Procedure of 1963 is | amended by changing Sections 124B-10 and 124B-500 as follows:
| (725 ILCS 5/124B-10)
| Sec. 124B-10. Applicability; offenses. This Article | applies to forfeiture of property in connection with the | following: | (1) A violation of Section 10-9 or 10A-10 of the | Criminal Code of 1961 or the Criminal Code of 2012 | (involuntary servitude; involuntary servitude of a minor; | or trafficking in persons). | (2) A violation of subdivision (a)(1) of Section | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | of 2012 (promoting juvenile prostitution) or a violation of | Section 11-17.1 of the Criminal Code of 1961 (keeping a | place of juvenile prostitution). |
| (3) A violation of subdivision (a)(4) of Section | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | of 2012 (promoting juvenile prostitution) or a violation of | Section 11-19.2 of the Criminal Code of 1961 (exploitation | of a child). | (4) A second or subsequent violation of Section 11-20 | of the Criminal Code of 1961 or the Criminal Code of 2012 | (obscenity). | (5) A violation of Section 11-20.1 of the Criminal Code | of 1961 or the Criminal Code of 2012 (child pornography). | (6) A violation of Section 11-20.1B or 11-20.3 of the | Criminal Code of 1961 (aggravated child pornography). | (6.5) A violation of Section 11-23.5 of the Criminal | Code of 2012. | (7) A violation of Section 12C-65 of the Criminal Code | of 2012 or Article 44 of the Criminal Code of 1961 | (unlawful transfer of a telecommunications device to a | minor). | (8) A violation of Section 17-50 or Section 16D-5 of | the Criminal Code of 2012 or the Criminal Code of 1961 | (computer fraud). | (9) A felony violation of Section 17-6.3 or Article 17B | of the Criminal Code of 2012 or the Criminal Code of 1961 | (WIC fraud). | (10) A felony violation of Section 48-1 of the Criminal | Code of 2012 or Section 26-5 of the Criminal Code of 1961 |
| (dog fighting). | (11) A violation of Article 29D of the Criminal Code of | 1961 or the Criminal Code of 2012 (terrorism). | (12) A felony violation of Section 4.01 of the Humane | Care for Animals Act (animals in entertainment).
| (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; | 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. | 1-1-13; 97-1150, eff. 1-25-13.) | (725 ILCS 5/124B-500) | Sec. 124B-500. Persons and property subject to forfeiture. | A person who commits the offense of child pornography , or | aggravated child pornography , or non-consensual dissemination | of private sexual images under Section 11-20.1, 11-20.1B, or | 11-20.3 , or 11-23.5 of the Criminal Code of 1961 or the | Criminal Code of 2012 shall forfeit the following property to | the State
of Illinois: | (1) Any profits or proceeds and any property the person | has acquired or maintained in violation of Section 11-20.1, | 11-20.1B, or 11-20.3 , or 11-23.5 of the Criminal Code of | 1961 or the Criminal Code of 2012 that the sentencing court | determines, after a forfeiture hearing under this Article, | to have been acquired or maintained as a result of child | pornography , or aggravated child pornography , or | non-consensual dissemination of private sexual images . | (2) Any interest in, securities of, claim against, or |
| property or contractual right of any kind affording a | source of influence over any enterprise that the person has | established, operated, controlled, or conducted in | violation of Section 11-20.1, 11-20.1B, or 11-20.3 , or | 11-23.5 of the Criminal Code of 1961 or the Criminal Code | of 2012 that the sentencing court determines, after a | forfeiture hearing under this Article, to have been | acquired or maintained as a result of child pornography , or | aggravated child pornography , or non-consensual | dissemination of private sexual images . | (3) Any computer that contains a depiction of child | pornography in any encoded or decoded format in violation | of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal | Code of 1961 or the Criminal Code of 2012. For purposes of | this paragraph (3), "computer" has the meaning ascribed to | it in Section 17-0.5 of the Criminal Code of 2012.
| (Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15 .)
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Effective Date: 6/1/2015
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