(Text of Section before amendment by P.A.
540 words·~2 min read·
/il/chapter-705/act-405/text-of-section-before-amendment-by-p-a-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(Text of Section before amendment by P.A. 104-245)
Sec. 3-40. Minors involved in electronic dissemination of indecent visual depictions in need of supervision.
(a)For the purposes of this Section:
"Computer" has the meaning ascribed to it in Section 17-0.5 of the Criminal Code of 2012.
"Electronic communication device" means an electronic device, including but not limited to a wireless telephone, personal digital assistant, or a portable or mobile computer, that is capable of transmitting images or pictures.
"Indecent visual depiction" means a depiction or portrayal in any pose, posture, or setting involving a lewd exhibition of the unclothed or transparently clothed genitals, pubic area, buttocks, or, if such person is female, a fully or partially developed breast of the person.
"Minor" means a person under 18 years of age.
(b)A minor shall not distribute or disseminate an indecent visual depiction of another minor through the use of a computer or electronic communication device.
(c)Adjudication. A minor who violates subsection
(b)of this Section may be subject to a petition for adjudication and adjudged a minor in need of supervision.
(d)Kinds of dispositional orders. A minor found to be in need of supervision under this Section may be:
(1)ordered to obtain counseling or other supportive services to address the acts that
led to the need for supervision; or
(2)ordered to perform community service.
(e)Nothing in this Section shall be construed to prohibit a prosecution for disorderly conduct, public indecency, child pornography, a violation of Article 26.5 (Harassing and Obscene Communications) of the Criminal Code of 2012, or any other applicable provision of law.
(Text of Section after amendment by P.A. 104-245)
Sec. 3-40. Minors involved in electronic dissemination of indecent visual depictions in need of supervision.
(a)For the purposes of this Section:
"Computer" has the meaning ascribed to it in Section 17-0.5 of the Criminal Code of 2012.
"Electronic communication device" means an electronic device, including but not limited to a wireless telephone, personal digital assistant, or a portable or mobile computer, that is capable of transmitting images or pictures.
"Indecent visual depiction" means a depiction or portrayal in any pose, posture, or setting involving a lewd exhibition of the unclothed or transparently clothed genitals, pubic area, buttocks, or, if such person is female, a fully or partially developed breast of the person.
"Minor" means a person under 18 years of age.
(b)A minor shall not distribute or disseminate an indecent visual depiction of another minor through the use of a computer or electronic communication device.
(c)Adjudication. A minor who violates subsection
(b)of this Section may be subject to a petition for adjudication and adjudged a minor in need of supervision.
(d)Kinds of dispositional orders. A minor found to be in need of supervision under this Section may be:
(1)ordered to obtain counseling or other supportive services to address the acts that
led to the need for supervision; or
(2)ordered to perform community service.
(e)Nothing in this Section shall be construed to prohibit a prosecution for disorderly conduct, public indecency, child sexual abuse material, a violation of Article 26.5 (Harassing and Obscene Communications) of the Criminal Code of 2012, or any other applicable provision of law.