Illinois 2025-2026 Regular Session

Illinois House Bill HB3736 Compare Versions

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

Old	New	Differences
1	1	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
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3736 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/11-20 from Ch. 38, par. 11-20 720 ILCS 5/11-20 from Ch. 38, par. 11-20
4	4	720 ILCS 5/11-20 from Ch. 38, par. 11-20
5	5	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.
6	6	LRB104 09463 RLC 19524 b LRB104 09463 RLC 19524 b
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8	8	A BILL FOR
9	9	HB3736LRB104 09463 RLC 19524 b HB3736 LRB104 09463 RLC 19524 b
10	10	HB3736 LRB104 09463 RLC 19524 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Criminal Code of 2012 is amended by
15	15	5 changing Section 11-20 as follows:
16	16	6 (720 ILCS 5/11-20) (from Ch. 38, par. 11-20)
17	17	7 Sec. 11-20. Obscenity.
18	18	8 (a) Elements of the Offense. A person commits obscenity
19	19	9 when, with knowledge of the nature or content thereof, or
20	20	10 recklessly failing to exercise reasonable inspection which
21	21	11 would have disclosed the nature or content thereof, he or she:
22	22	12 (1) Sells, delivers or provides, or offers or agrees
23	23	13 to sell, deliver or provide any obscene writing, picture,
24	24	14 record or other representation or embodiment of the
25	25	15 obscene; or
26	26	16 (2) Presents or directs an obscene play, dance or
27	27	17 other performance or participates directly in that portion
28	28	18 thereof which makes it obscene; or
29	29	19 (3) Publishes, exhibits or otherwise makes available
30	30	20 anything obscene; or
31	31	21 (4) Performs an obscene act or otherwise presents an
32	32	22 obscene exhibition of his or her body for gain; or
33	33	23 (5) Creates, buys, procures or possesses obscene
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3736 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:
38	38	720 ILCS 5/11-20 from Ch. 38, par. 11-20 720 ILCS 5/11-20 from Ch. 38, par. 11-20
39	39	720 ILCS 5/11-20 from Ch. 38, par. 11-20
40	40	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.
41	41	LRB104 09463 RLC 19524 b LRB104 09463 RLC 19524 b
42	42	LRB104 09463 RLC 19524 b
43	43	A BILL FOR
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68	68	1 matter or material with intent to disseminate it in
69	69	2 violation of this Section, or of the penal laws or
70	70	3 regulations of any other jurisdiction; or
71	71	4 (6) Advertises or otherwise promotes the sale of
72	72	5 material represented or held out by him or her to be
73	73	6 obscene, whether or not it is obscene.
74	74	7 (b) Obscene Defined.
75	75	8 Any material or performance is obscene if: (1) the average
76	76	9 person, applying contemporary adult community standards, would
77	77	10 find that, taken as a whole, it appeals to the prurient
78	78	11 interest; and (2) the average person, applying contemporary
79	79	12 adult community standards, would find that it depicts or
80	80	13 describes, in a patently offensive way, ultimate sexual acts
81	81	14 or sadomasochistic sexual acts, whether normal or perverted,
82	82	15 actual or simulated, or masturbation, excretory functions or
83	83	16 lewd exhibition of the genitals; and (3) taken as a whole, it
84	84	17 lacks serious literary, artistic, political or scientific
85	85	18 value.
86	86	19 (b-1) Civil Remedy for Victims of Obscenity Violations.
87	87	20 (1) Civil Action for Victims. Any person who is harmed
88	88	21 by the unlawful sale, distribution, promotion, or
89	89	22 exhibition of obscene material under this Section may
90	90	23 bring a civil action against the individual or entity
91	91	24 responsible for the violation.
92	92	25 (2) Damages. A prevailing plaintiff in a civil action
93	93	26 under this subsection may be entitled to compensatory
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104	104	1 damages for actual damages suffered as a result of the
105	105	2 obscenity violation. In addition to compensatory damages,
106	106	3 the plaintiff may recover punitive damages as determined
107	107	4 by the court. Damages shall not exceed $10,000,000 for
108	108	5 each count in the civil action, with each separate
109	109	6 instance of unlawful sale, distribution, promotion, or
110	110	7 exhibition of obscene material constituting a separate
111	111	8 count.
112	112	9 (3) Statute of Limitations. A civil action for
113	113	10 obscenity violations under this subsection must be brought
114	114	11 within 5 years of the discovery of the violation or the
115	115	12 harm caused by the violation.
116	116	13 (4) Attorney's Fees. In any successful civil action,
117	117	14 the plaintiff may be entitled to recover reasonable
118	118	15 attorney's fees, in addition to the damages awarded.
119	119	16 (5) Injunctive Relief. A court may grant injunctive
120	120	17 relief to prevent further violations of this Section,
121	121	18 including the cessation of the sale, distribution, or
122	122	19 exhibition of obscene material by the defendant.
123	123	20 (6) Venue. The civil action may be brought in the
124	124	21 county where the defendant resides, where the unlawful
125	125	22 sale, distribution, promotion, or exhibition occurred, or
126	126	23 where the plaintiff resides, if applicable.
127	127	24 (c) Interpretation of Evidence.
128	128	25 Obscenity shall be judged with reference to ordinary
129	129	26 adults, except that it shall be judged with reference to
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140	140	1 children or other specially susceptible audiences if it
141	141	2 appears from the character of the material or the
142	142	3 circumstances of its dissemination to be specially designed
143	143	4 for or directed to such an audience.
144	144	5 Where circumstances of production, presentation, sale,
145	145	6 dissemination, distribution, or publicity indicate that
146	146	7 material is being commercially exploited for the sake of its
147	147	8 prurient appeal, such evidence is probative with respect to
148	148	9 the nature of the matter and can justify the conclusion that
149	149	10 the matter is lacking in serious literary, artistic, political
150	150	11 or scientific value.
151	151	12 In any prosecution for an offense under this Section
152	152	13 evidence shall be admissible to show:
153	153	14 (1) The character of the audience for which the
154	154	15 material was designed or to which it was directed;
155	155	16 (2) What the predominant appeal of the material would
156	156	17 be for ordinary adults or a special audience, and what
157	157	18 effect, if any, it would probably have on the behavior of
158	158	19 such people;
159	159	20 (3) The artistic, literary, scientific, educational or
160	160	21 other merits of the material, or absence thereof;
161	161	22 (4) The degree, if any, of public acceptance of the
162	162	23 material in this State;
163	163	24 (5) Appeal to prurient interest, or absence thereof,
164	164	25 in advertising or other promotion of the material;
165	165	26 (6) Purpose of the author, creator, publisher or
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