Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2007 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2007 Introduced 2/9/2023, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: New Act720 ILCS 5/11-23.6 new Creates the Obscene Electronic Unsolicited Message Act. Provides that a person may file a private cause of action against another person 18 years of age or older who knowingly sends an image, that the person knows or reasonably should know is unsolicited, by electronic means, depicting obscene material. Provides that a prevailing plaintiff who suffers harm as a result of receiving an image, the receipt of which had been expressly forbidden by the plaintiff, in violation of these provisions, may recover the following: (1) actual damages proximately caused by the receipt of the image, including damages for emotional distress not exceeding $25,000; (2) attorney's fees; and (3) injunctive relief. Provides that the remedies under these provisions are cumulative and shall not be construed as restricting a remedy that is available under any other law. Provides exemptions. Amends the Criminal Code of 2012. Creates the offense of unsolicited transmission of sexually explicit material. Provides that a person commits the offense when: (1) he or she intentionally transmits by electronic means an image depicting a person engaged in a sexual act or whose intimate parts are exposed, in whole or in part; and (2) the image is not sent at the request of or with the consent of the recipient or the recipient has expressly forbidden receipt of such materials. Provides that nothing in these provisions preclude the imposition of other criminal penalties for that conduct. Provides exemptions. Provides that a violation is a Class C misdemeanor. Provides that a person who commits a third or subsequent violation is guilty of a Class B misdemeanor. LRB103 27182 RLC 53552 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2007 Introduced 2/9/2023, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: New Act720 ILCS 5/11-23.6 new New Act 720 ILCS 5/11-23.6 new Creates the Obscene Electronic Unsolicited Message Act. Provides that a person may file a private cause of action against another person 18 years of age or older who knowingly sends an image, that the person knows or reasonably should know is unsolicited, by electronic means, depicting obscene material. Provides that a prevailing plaintiff who suffers harm as a result of receiving an image, the receipt of which had been expressly forbidden by the plaintiff, in violation of these provisions, may recover the following: (1) actual damages proximately caused by the receipt of the image, including damages for emotional distress not exceeding $25,000; (2) attorney's fees; and (3) injunctive relief. Provides that the remedies under these provisions are cumulative and shall not be construed as restricting a remedy that is available under any other law. Provides exemptions. Amends the Criminal Code of 2012. Creates the offense of unsolicited transmission of sexually explicit material. Provides that a person commits the offense when: (1) he or she intentionally transmits by electronic means an image depicting a person engaged in a sexual act or whose intimate parts are exposed, in whole or in part; and (2) the image is not sent at the request of or with the consent of the recipient or the recipient has expressly forbidden receipt of such materials. Provides that nothing in these provisions preclude the imposition of other criminal penalties for that conduct. Provides exemptions. Provides that a violation is a Class C misdemeanor. Provides that a person who commits a third or subsequent violation is guilty of a Class B misdemeanor. LRB103 27182 RLC 53552 b LRB103 27182 RLC 53552 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2007 Introduced 2/9/2023, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
3	3	New Act720 ILCS 5/11-23.6 new New Act 720 ILCS 5/11-23.6 new
4	4	New Act
5	5	720 ILCS 5/11-23.6 new
6	6	Creates the Obscene Electronic Unsolicited Message Act. Provides that a person may file a private cause of action against another person 18 years of age or older who knowingly sends an image, that the person knows or reasonably should know is unsolicited, by electronic means, depicting obscene material. Provides that a prevailing plaintiff who suffers harm as a result of receiving an image, the receipt of which had been expressly forbidden by the plaintiff, in violation of these provisions, may recover the following: (1) actual damages proximately caused by the receipt of the image, including damages for emotional distress not exceeding $25,000; (2) attorney's fees; and (3) injunctive relief. Provides that the remedies under these provisions are cumulative and shall not be construed as restricting a remedy that is available under any other law. Provides exemptions. Amends the Criminal Code of 2012. Creates the offense of unsolicited transmission of sexually explicit material. Provides that a person commits the offense when: (1) he or she intentionally transmits by electronic means an image depicting a person engaged in a sexual act or whose intimate parts are exposed, in whole or in part; and (2) the image is not sent at the request of or with the consent of the recipient or the recipient has expressly forbidden receipt of such materials. Provides that nothing in these provisions preclude the imposition of other criminal penalties for that conduct. Provides exemptions. Provides that a violation is a Class C misdemeanor. Provides that a person who commits a third or subsequent violation is guilty of a Class B misdemeanor.
7	7	LRB103 27182 RLC 53552 b LRB103 27182 RLC 53552 b
8	8	LRB103 27182 RLC 53552 b
9	9	A BILL FOR
10	10	SB2007LRB103 27182 RLC 53552 b SB2007 LRB103 27182 RLC 53552 b
11	11	SB2007 LRB103 27182 RLC 53552 b
12	12	1 AN ACT concerning obscene electronic unsolicited messages.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Short title. This Act may be cited as the
16	16	5 Obscene Electronic Unsolicited Message Act.
17	17	6 Section 5. Definitions. In this Act:
18	18	7 "Electronic" means relating to technology having
19	19	8 electrical, digital, magnetic, wireless, optical,
20	20	9 electromagnetic, or similar capabilities.
21	21	10 "Image" includes, but is not limited to, a moving visual
22	22	11 image.
23	23	12 "Obscene material" has the meaning ascribed to it in
24	24	13 subsection (b) of Section 11-20 of the Criminal Code of 2012.
25	25	14 "Unsolicited" means the recipient has not consented to or
26	26	15 has expressly forbidden the receipt of the image.
27	27	16 Section 10. Private cause of action.
28	28	17 (a) A person may file a private cause of action against
29	29	18 another person 18 years of age or older who knowingly sends an
30	30	19 image, that the person knows or reasonably should know is
31	31	20 unsolicited, by electronic means, depicting obscene material.
32	32	21 (b) A prevailing plaintiff who suffers harm as a result of
33	33	22 receiving an image, the receipt of which had been expressly
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36	36
37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2007 Introduced 2/9/2023, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
38	38	New Act720 ILCS 5/11-23.6 new New Act 720 ILCS 5/11-23.6 new
39	39	New Act
40	40	720 ILCS 5/11-23.6 new
41	41	Creates the Obscene Electronic Unsolicited Message Act. Provides that a person may file a private cause of action against another person 18 years of age or older who knowingly sends an image, that the person knows or reasonably should know is unsolicited, by electronic means, depicting obscene material. Provides that a prevailing plaintiff who suffers harm as a result of receiving an image, the receipt of which had been expressly forbidden by the plaintiff, in violation of these provisions, may recover the following: (1) actual damages proximately caused by the receipt of the image, including damages for emotional distress not exceeding $25,000; (2) attorney's fees; and (3) injunctive relief. Provides that the remedies under these provisions are cumulative and shall not be construed as restricting a remedy that is available under any other law. Provides exemptions. Amends the Criminal Code of 2012. Creates the offense of unsolicited transmission of sexually explicit material. Provides that a person commits the offense when: (1) he or she intentionally transmits by electronic means an image depicting a person engaged in a sexual act or whose intimate parts are exposed, in whole or in part; and (2) the image is not sent at the request of or with the consent of the recipient or the recipient has expressly forbidden receipt of such materials. Provides that nothing in these provisions preclude the imposition of other criminal penalties for that conduct. Provides exemptions. Provides that a violation is a Class C misdemeanor. Provides that a person who commits a third or subsequent violation is guilty of a Class B misdemeanor.
42	42	LRB103 27182 RLC 53552 b LRB103 27182 RLC 53552 b
43	43	LRB103 27182 RLC 53552 b
44	44	A BILL FOR
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50	50	New Act
51	51	720 ILCS 5/11-23.6 new
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55	55	LRB103 27182 RLC 53552 b
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68	68	SB2007- 2 -LRB103 27182 RLC 53552 b SB2007 - 2 - LRB103 27182 RLC 53552 b
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70	70	1 forbidden by the plaintiff, in violation of subsection (a),
71	71	2 may recover the following:
72	72	3 (1) Actual damages proximately caused by the receipt
73	73	4 of the image, including damages for emotional distress not
74	74	5 exceeding $25,000.
75	75	6 (2) Attorney's fees.
76	76	7 (3) Injunctive relief.
77	77	8 (c) The remedies provided in this Section are cumulative
78	78	9 and shall not be construed as restricting a remedy that is
79	79	10 available under any other law.
80	80	11 (d) Nothing in this Section shall be construed to impose
81	81	12 liability upon the following entities solely as a result of
82	82	13 content or information provided by another person:
83	83	14 (1) an interactive computer service, as defined in 47
84	84	15 U.S.C. 230(f)(2);
85	85	16 (2) a provider of public mobile services or private
86	86	17 radio services, as defined in Section 13-214 of the Public
87	87	18 Utilities Act; or
88	88	19 (3) a telecommunications network or broadband
89	89	20 provider.
90	90	21 Section 90. The Criminal Code of 2012 is amended by adding
91	91	22 Section 11-23.6 as follows:
92	92	23 (720 ILCS 5/11-23.6 new)
93	93	24 Sec. 11-23.6. Unsolicited transmission of sexually
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99	99	SB2007 - 2 - LRB103 27182 RLC 53552 b
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102	102	SB2007- 3 -LRB103 27182 RLC 53552 b SB2007 - 3 - LRB103 27182 RLC 53552 b
103	103	SB2007 - 3 - LRB103 27182 RLC 53552 b
104	104	1 explicit images
105	105	2 (a) In this Section:
106	106	3 "Electronic" means relating to technology having
107	107	4 electrical, digital, magnetic, wireless, optical,
108	108	5 electromagnetic, or similar capabilities.
109	109	6 "Image" includes a photograph, film, videotape, digital
110	110	7 recording, or other depiction or portrayal of an object,
111	111	8 including a human body.
112	112	9 "Intimate parts" means the fully unclothed, partially
113	113	10 unclothed or transparently clothed genitals, pubic area, anus,
114	114	11 or if the person is female, a partially or fully exposed
115	115	12 nipple, including exposure through transparent clothing.
116	116	13 "Sexual act" means masturbation, sexual conduct, or sexual
117	117	14 penetration as defined in Section 11-0.1 of this Code.
118	118	15 (b) A person commits unsolicited transmission of sexually
119	119	16 explicit material when:
120	120	17 (1) he or she intentionally transmits by electronic
121	121	18 means an image depicting a person engaged in a sexual act
122	122	19 or whose intimate parts are exposed, in whole or in part;
123	123	20 and
124	124	21 (2) the image is not sent at the request of or with the
125	125	22 consent of the recipient or the recipient has expressly
126	126	23 forbidden receipt of such materials.
127	127	24 (c) Nothing in this Section precludes the imposition of
128	128	25 other criminal penalties for conduct described in this
129	129	26 Section.
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135	135	SB2007 - 3 - LRB103 27182 RLC 53552 b
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138	138	SB2007- 4 -LRB103 27182 RLC 53552 b SB2007 - 4 - LRB103 27182 RLC 53552 b
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140	140	1 (d) Nothing in this Section shall be construed to impose
141	141	2 criminal liability upon the following entities solely as a
142	142	3 result of content or information provided by another person:
143	143	4 (1) an interactive computer service, as defined in 47
144	144	5 U.S.C. 230(f)(2);
145	145	6 (2) a provider of public mobile services or private
146	146	7 radio services, as defined in Section 13-214 of the Public
147	147	8 Utilities Act; or
148	148	9 (3) a telecommunications network or broadband
149	149	10 provider.
150	150	11 (e) Sentence. Unsolicited transmission of sexually
151	151	12 explicit material is a Class C misdemeanor. A person who
152	152	13 commits a third or subsequent violation of this Section is
153	153	14 guilty of a Class B misdemeanor.
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159	159	SB2007 - 4 - LRB103 27182 RLC 53552 b