Sec. 11-23.7. Non-consensual dissemination of sexually explicit digitized depictions.

578 words·~3 min read·/il/chapter-720/act-5/11-23-7

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(a)Definitions. For the purposes of this Section:

"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.

"Personal identifying information" has the meaning ascribed to it in Section 16-0.1.

"Sexual activity" means:

(1)any knowing touching or fondling of 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;

(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;

(3)an act of urination within a sexual context;

(4)any bondage, fetter, or sadism masochism; or

(5)sadomasochism abuse in any sexual context.

"Sexually explicit digitized depiction" means any image, photograph, film, video, digital recording, or other depiction or portrayal that has been created, altered, or otherwise modified to realistically depict either:

(1)the intimate parts of another human being as the intimate parts of the depicted

individual or computer-generated intimate parts as the intimate parts of the depicted individual; or

(2)the depicted individual engaging in sexual activity in which the depicted individual

did not engage.

(b)A person commits non-consensual dissemination of sexually explicit digitized depictions when the person:

(1)intentionally disseminates a sexually explicit digitized depiction of another person

who is identifiable from the image itself, or whose personal identifying information is displayed or disseminated in connection with the image, or whose identity is known to the person who disseminates the image; and

(2)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 sexually explicit digitized depictions is a Class 4 felony.