104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3736 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED: 720 ILCS 5/11-20 from Ch. 38, par. 11-20 Amends the Criminal Code of 2012. Provides that any person who is harmed by the unlawful sale, distribution, promotion, or exhibition of obscene material may bring a civil action against the individual or entity responsible for the violation. Provides that the prevailing plaintiff in a civil action under this provision may be entitled to compensatory damages for actual damages suffered as a result of the obscenity violation. Provides that, in addition to compensatory damages, the plaintiff may recover punitive damages as determined by the court. Provides that damages shall not exceed $10,000,000 for each count in the civil action, with each separate instance of unlawful sale, distribution, promotion, or exhibition of obscene material constituting a separate count. Provides that a civil action for obscenity violations under this provision must be brought within 5 years of the discovery of the violation or the harm caused by the violation. Provides that, in any successful civil action, the plaintiff may be entitled to recover reasonable attorney's fees in addition to the damages awarded. Provides that a court may grant injunctive relief to prevent further violations of this provision, including the cessation of the sale, distribution, or exhibition of obscene material by the defendant. Provides that the civil action may be brought in the county where the defendant resides, where the unlawful sale, distribution, promotion, or exhibition occurred, or where the plaintiff resides, if applicable. LRB104 09463 RLC 19524 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3736 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED: 720 ILCS 5/11-20 from Ch. 38, par. 11-20 720 ILCS 5/11-20 from Ch. 38, par. 11-20 Amends the Criminal Code of 2012. Provides that any person who is harmed by the unlawful sale, distribution, promotion, or exhibition of obscene material may bring a civil action against the individual or entity responsible for the violation. Provides that the prevailing plaintiff in a civil action under this provision may be entitled to compensatory damages for actual damages suffered as a result of the obscenity violation. Provides that, in addition to compensatory damages, the plaintiff may recover punitive damages as determined by the court. Provides that damages shall not exceed $10,000,000 for each count in the civil action, with each separate instance of unlawful sale, distribution, promotion, or exhibition of obscene material constituting a separate count. Provides that a civil action for obscenity violations under this provision must be brought within 5 years of the discovery of the violation or the harm caused by the violation. Provides that, in any successful civil action, the plaintiff may be entitled to recover reasonable attorney's fees in addition to the damages awarded. Provides that a court may grant injunctive relief to prevent further violations of this provision, including the cessation of the sale, distribution, or exhibition of obscene material by the defendant. Provides that the civil action may be brought in the county where the defendant resides, where the unlawful sale, distribution, promotion, or exhibition occurred, or where the plaintiff resides, if applicable. LRB104 09463 RLC 19524 b LRB104 09463 RLC 19524 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3736 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-20 from Ch. 38, par. 11-20 720 ILCS 5/11-20 from Ch. 38, par. 11-20
720 ILCS 5/11-20 from Ch. 38, par. 11-20
Amends the Criminal Code of 2012. Provides that any person who is harmed by the unlawful sale, distribution, promotion, or exhibition of obscene material may bring a civil action against the individual or entity responsible for the violation. Provides that the prevailing plaintiff in a civil action under this provision may be entitled to compensatory damages for actual damages suffered as a result of the obscenity violation. Provides that, in addition to compensatory damages, the plaintiff may recover punitive damages as determined by the court. Provides that damages shall not exceed $10,000,000 for each count in the civil action, with each separate instance of unlawful sale, distribution, promotion, or exhibition of obscene material constituting a separate count. Provides that a civil action for obscenity violations under this provision must be brought within 5 years of the discovery of the violation or the harm caused by the violation. Provides that, in any successful civil action, the plaintiff may be entitled to recover reasonable attorney's fees in addition to the damages awarded. Provides that a court may grant injunctive relief to prevent further violations of this provision, including the cessation of the sale, distribution, or exhibition of obscene material by the defendant. Provides that the civil action may be brought in the county where the defendant resides, where the unlawful sale, distribution, promotion, or exhibition occurred, or where the plaintiff resides, if applicable.
LRB104 09463 RLC 19524 b LRB104 09463 RLC 19524 b
LRB104 09463 RLC 19524 b
A BILL FOR
HB3736LRB104 09463 RLC 19524 b HB3736 LRB104 09463 RLC 19524 b
HB3736 LRB104 09463 RLC 19524 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by
5 changing Section 11-20 as follows:
6 (720 ILCS 5/11-20) (from Ch. 38, par. 11-20)
7 Sec. 11-20. Obscenity.
8 (a) Elements of the Offense. A person commits obscenity
9 when, with knowledge of the nature or content thereof, or
10 recklessly failing to exercise reasonable inspection which
11 would have disclosed the nature or content thereof, he or she:
12 (1) Sells, delivers or provides, or offers or agrees
13 to sell, deliver or provide any obscene writing, picture,
14 record or other representation or embodiment of the
15 obscene; or
16 (2) Presents or directs an obscene play, dance or
17 other performance or participates directly in that portion
18 thereof which makes it obscene; or
19 (3) Publishes, exhibits or otherwise makes available
20 anything obscene; or
21 (4) Performs an obscene act or otherwise presents an
22 obscene exhibition of his or her body for gain; or
23 (5) Creates, buys, procures or possesses obscene
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3736 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-20 from Ch. 38, par. 11-20 720 ILCS 5/11-20 from Ch. 38, par. 11-20
720 ILCS 5/11-20 from Ch. 38, par. 11-20
Amends the Criminal Code of 2012. Provides that any person who is harmed by the unlawful sale, distribution, promotion, or exhibition of obscene material may bring a civil action against the individual or entity responsible for the violation. Provides that the prevailing plaintiff in a civil action under this provision may be entitled to compensatory damages for actual damages suffered as a result of the obscenity violation. Provides that, in addition to compensatory damages, the plaintiff may recover punitive damages as determined by the court. Provides that damages shall not exceed $10,000,000 for each count in the civil action, with each separate instance of unlawful sale, distribution, promotion, or exhibition of obscene material constituting a separate count. Provides that a civil action for obscenity violations under this provision must be brought within 5 years of the discovery of the violation or the harm caused by the violation. Provides that, in any successful civil action, the plaintiff may be entitled to recover reasonable attorney's fees in addition to the damages awarded. Provides that a court may grant injunctive relief to prevent further violations of this provision, including the cessation of the sale, distribution, or exhibition of obscene material by the defendant. Provides that the civil action may be brought in the county where the defendant resides, where the unlawful sale, distribution, promotion, or exhibition occurred, or where the plaintiff resides, if applicable.
LRB104 09463 RLC 19524 b LRB104 09463 RLC 19524 b
LRB104 09463 RLC 19524 b
A BILL FOR
720 ILCS 5/11-20 from Ch. 38, par. 11-20
LRB104 09463 RLC 19524 b
HB3736 LRB104 09463 RLC 19524 b
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HB3736 - 2 - LRB104 09463 RLC 19524 b
1 matter or material with intent to disseminate it in
2 violation of this Section, or of the penal laws or
3 regulations of any other jurisdiction; or
4 (6) Advertises or otherwise promotes the sale of
5 material represented or held out by him or her to be
6 obscene, whether or not it is obscene.
7 (b) Obscene Defined.
8 Any material or performance is obscene if: (1) the average
9 person, applying contemporary adult community standards, would
10 find that, taken as a whole, it appeals to the prurient
11 interest; and (2) the average person, applying contemporary
12 adult community standards, would find that it depicts or
13 describes, in a patently offensive way, ultimate sexual acts
14 or sadomasochistic sexual acts, whether normal or perverted,
15 actual or simulated, or masturbation, excretory functions or
16 lewd exhibition of the genitals; and (3) taken as a whole, it
17 lacks serious literary, artistic, political or scientific
18 value.
19 (b-1) Civil Remedy for Victims of Obscenity Violations.
20 (1) Civil Action for Victims. Any person who is harmed
21 by the unlawful sale, distribution, promotion, or
22 exhibition of obscene material under this Section may
23 bring a civil action against the individual or entity
24 responsible for the violation.
25 (2) Damages. A prevailing plaintiff in a civil action
26 under this subsection may be entitled to compensatory
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1 damages for actual damages suffered as a result of the
2 obscenity violation. In addition to compensatory damages,
3 the plaintiff may recover punitive damages as determined
4 by the court. Damages shall not exceed $10,000,000 for
5 each count in the civil action, with each separate
6 instance of unlawful sale, distribution, promotion, or
7 exhibition of obscene material constituting a separate
8 count.
9 (3) Statute of Limitations. A civil action for
10 obscenity violations under this subsection must be brought
11 within 5 years of the discovery of the violation or the
12 harm caused by the violation.
13 (4) Attorney's Fees. In any successful civil action,
14 the plaintiff may be entitled to recover reasonable
15 attorney's fees, in addition to the damages awarded.
16 (5) Injunctive Relief. A court may grant injunctive
17 relief to prevent further violations of this Section,
18 including the cessation of the sale, distribution, or
19 exhibition of obscene material by the defendant.
20 (6) Venue. The civil action may be brought in the
21 county where the defendant resides, where the unlawful
22 sale, distribution, promotion, or exhibition occurred, or
23 where the plaintiff resides, if applicable.
24 (c) Interpretation of Evidence.
25 Obscenity shall be judged with reference to ordinary
26 adults, except that it shall be judged with reference to
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1 children or other specially susceptible audiences if it
2 appears from the character of the material or the
3 circumstances of its dissemination to be specially designed
4 for or directed to such an audience.
5 Where circumstances of production, presentation, sale,
6 dissemination, distribution, or publicity indicate that
7 material is being commercially exploited for the sake of its
8 prurient appeal, such evidence is probative with respect to
9 the nature of the matter and can justify the conclusion that
10 the matter is lacking in serious literary, artistic, political
11 or scientific value.
12 In any prosecution for an offense under this Section
13 evidence shall be admissible to show:
14 (1) The character of the audience for which the
15 material was designed or to which it was directed;
16 (2) What the predominant appeal of the material would
17 be for ordinary adults or a special audience, and what
18 effect, if any, it would probably have on the behavior of
19 such people;
20 (3) The artistic, literary, scientific, educational or
21 other merits of the material, or absence thereof;
22 (4) The degree, if any, of public acceptance of the
23 material in this State;
24 (5) Appeal to prurient interest, or absence thereof,
25 in advertising or other promotion of the material;
26 (6) Purpose of the author, creator, publisher or
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