The bill fundamentally alters the legal framework surrounding electronic communications by allowing victims of unsolicited explicit messages to claim damages. Victims can pursue actual damages that result from emotional distress—capped at $25,000—usually in addition to potentially receiving attorney's fees. This introduces significant implications for the handling of electronic communication, particularly regarding how explicit content is regulated and the liabilities that individuals face for sending such material without consent.
Summary
SB2007, introduced in the Illinois General Assembly, establishes the Obscene Electronic Unsolicited Message Act, which aims to protect individuals from receiving unsolicited obscene images via electronic means. Under this legislation, individuals aged 18 or older can face legal consequences if they knowingly send unsolicited images that depict obscene material. The bill allows victims to file a private cause of action against offenders, seeking damages and legal remedies when an image is received against their explicit wishes.
Contention
Discussion surrounding SB2007 may involve varying opinions on the effectiveness of the law in curbing unwanted sexual content and protecting personal privacy. Some supporters may argue that it is a necessary measure to combat harassment and protect individuals, particularly vulnerable populations, from distressing content. Conversely, critics may raise concerns about the potential for misuse of the legal processes established and question whether the bill adequately addresses the broader issue of consent in electronic communications, as well as balancing the desire for personal freedom against protective measures.
Prohibiting sending unsolicited obscene or sexually explicit images by electronic means, establishing a private civil cause of action for sending unsolicited obscene or sexually explicit images by electronic means, and providing a penalty.
Prohibiting sending unsolicited obscene or sexually explicit images by electronic means, establishing a private civil cause of action for sending unsolicited obscene or sexually explicit images by electronic means, and providing a penalty.
Crimes: obscenity; electronic transmission of unsolicited and nonconsensual sexually explicit material; prohibit. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 335b.
To Amend The Unsolicited Commercial And Sexually Explicit Electronic Mail Prevention Act To Include Unsolicited Commercial And Sexually Explicit Text Messages.
Prohibiting sending unsolicited obscene or sexually explicit images by electronic means, establishing a private civil cause of action for sending unsolicited obscene or sexually explicit images by electronic means, and providing a penalty.
Prohibiting sending unsolicited obscene or sexually explicit images by electronic means, establishing a private civil cause of action for sending unsolicited obscene or sexually explicit images by electronic means, and providing a penalty.