Illinois 2023-2024 Regular Session

Illinois House Bill HB3553 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB3553 EngrossedLRB103 30436 LNS 56867 b HB3553 Engrossed LRB103 30436 LNS 56867 b
2		-	HB3553 Engrossed LRB103 30436 LNS 56867 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3553 Introduced , 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 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3553 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: New Act 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 LRB103 30436 LNS 56867 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3553 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
	3	+	New Act New Act
	4	+	New Act
	5	+	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.
	6	+	LRB103 30436 LNS 56867 b LRB103 30436 LNS 56867 b
	7	+	LRB103 30436 LNS 56867 b
	8	+	A BILL FOR
	9	+	HB3553LRB103 30436 LNS 56867 b HB3553 LRB103 30436 LNS 56867 b
	10	+	HB3553 LRB103 30436 LNS 56867 b
3	11		1 AN ACT concerning civil law.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 1. Short title. This Act may be cited as the Civil
7	15		5 Liability for Unsolicited Intimate Images Act.
8	16		6 Section 5. Definitions. As used in this Act:
9	17		7 "Electronic communication device" means (i) any type of
10	18		8 instrument, device, machine, equipment, or software that is
11	19		9 capable of transmitting, acquiring, encrypting, decrypting, or
12	20		10 receiving any signs, signals, writings, images, and sounds or
13	21		11 intelligence of any nature by wire, radio, optical, or other
14	22		12 electromagnetic systems or (ii) any part, accessory, or
15	23		13 component of such an instrument, device, machine, equipment,
16	24		14 or software, including, but not limited to, any computer
17	25		15 circuit, computer chip, security module, smart card,
18	26		16 electronic mechanism, or other component, accessory, or part,
19	27		17 that is capable of facilitating the transmission, acquisition,
20	28		18 encryption, decryption, or reception of signs, signals,
21	29		19 writings, images, and sounds or intelligence of any nature by
22	30		20 wire, radio, optical, or other electromagnetic systems.
23		-	21 "~~Emotional distress~~" means ~~mental suffering~~, ~~anxiety or~~
24		-	22 ~~alarm.~~
25		-	23 ~~"Obscene material"~~ ~~means material,~~ ~~including, but not~~
	31	+	21 "Intimate image" means a photograph, film, video,
	32	+	22 recording, digital picture, or other visual reproduction of a
	33	+	23 person 18 years of age or older who is in a state of undress so
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34		-	1 limited to, images depicting a person engaging in an act of
35		-	2 sexual intercourse, sodomy, oral copulation, sexual
36		-	3 penetration, or masturbation, or depicting the exposed
37		-	4 genitals or anus of any person, taken as a whole, that to the
38		-	5 average person, applying contemporary statewide standards,
39		-	6 appeals to the prurient interest, that, taken as a whole,
40		-	7 depicts or describes sexual conduct in a patently offensive
41		-	8 way, and that, taken as a whole, lacks serious literary,
42		-	9 artistic, political, or scientific value.
43		-	10 "Reasonable person" means a person in the plaintiff's
44		-	11 circumstances with the plaintiff's knowledge, or lack of
45		-	12 knowledge, of the defendant and the defendant's prior acts.
46		-	13 Section 10. Unsolicited intimate image liability. Any
47		-	14 person 18 years of age or older who knowingly and
48		-	15 intentionally transmits obscene material by computer or other
49		-	16 electronic means to the computer or electronic communication
50		-	17 device of another person 18 years of age or older commits a
51		-	18 trespass and is liable to the recipient of the obscene
52		-	19 material for actual damages or $500, whichever is greater, in
53		-	20 addition to reasonable attorney's fees and costs, if the
54		-	21 person who receives the obscene material has not consented to
55		-	22 the receipt of the obscene material or has expressly forbidden
56		-	23 the receipt of the obscene material and if a reasonable person
57		-	24 who receives the obscene material would suffer emotional
58		-	25 distress as a result of the receipt of the obscene material.
	37	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3553 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
	38	+	New Act New Act
	39	+	New Act
	40	+	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.
	41	+	LRB103 30436 LNS 56867 b LRB103 30436 LNS 56867 b
	42	+	LRB103 30436 LNS 56867 b
	43	+	A BILL FOR
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	49	+	New Act
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68		-	HB3553 Engrossed - 3 - LRB103 30436 LNS 56867 b
69		-	1 The court may also enjoin and restrain the defendant from
70		-	2 committing such further acts.
71		-	3 The remedies provided by this Act are cumulative and shall
72		-	4 not be construed as restricting a remedy that is available
73		-	5 under any other law.
74		-	6 Section 15. Application. The provisions of this Act shall
75		-	7 not apply to (i) any Internet service provider, mobile data
76		-	8 provider, or operator of an online or mobile application, to
77		-	9 the extent that such entity is transmitting, routing, or
78		-	10 providing connections for electronic communications initiated
79		-	11 by or at the direction of another, (ii) any service that
80		-	12 transmits material, including an on-demand, subscription, or
81		-	13 advertising-supported service, (iii) a health care provider
82		-	14 that transmits material for a legitimate medical purpose, or
83		-	15 (iv) any transmission of commercial email.
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	68	+	1 as to expose the human male or female genitals.
	69	+	2 Section 10. Unsolicited intimate image liability. Any
	70	+	3 person 18 years of age or older who knowingly transmits an
	71	+	4 intimate image by computer or other electronic means to the
	72	+	5 computer or electronic communication device of another person
	73	+	6 18 years of age or older when such other person has not
	74	+	7 consented to the use of the other person's computer or
	75	+	8 electronic communication device for the receipt of such
	76	+	9 material or has expressly forbidden the receipt of such
	77	+	10 material shall be considered a trespass and shall be liable to
	78	+	11 the recipient of the intimate image for actual damages or
	79	+	12 $500, whichever is greater, in addition to reasonable
	80	+	13 attorney's fees and costs. The court may also enjoin and
	81	+	14 restrain the defendant from committing such further acts.
	82	+	15 The remedies provided by this Act are cumulative and shall
	83	+	16 not be construed as restricting a remedy that is available
	84	+	17 under any other law.
	85	+	18 Section 15. Application. The provisions of this Act shall
	86	+	19 not apply to (i) any Internet service provider, mobile data
	87	+	20 provider, or operator of an online or mobile application, to
	88	+	21 the extent that such entity is transmitting, routing, or
	89	+	22 providing connections for electronic communications initiated
	90	+	23 by or at the direction of another, (ii) any service that
	91	+	24 transmits an intimate image, including an on-demand,
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	97	+	HB3553 - 2 - LRB103 30436 LNS 56867 b
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	101	+	HB3553 - 3 - LRB103 30436 LNS 56867 b
	102	+	1 subscription or advertising-supported service, (iii) a health
	103	+	2 care provider that transmits an intimate image for a
	104	+	3 legitimate medical purpose, or (iv) any transmission of
	105	+	4 commercial email.
	106	+	5 Section 20. Venue. Venue for an action under this Act may
	107	+	6 lie in the jurisdiction where the intimate image is
	108	+	7 transmitted from or where the intimate image is received or
	109	+	8 possessed by the plaintiff.
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	115	+	HB3553 - 3 - LRB103 30436 LNS 56867 b