Bill Amendment: IL HB3553 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: LIABILITY-UNSOLICITED IMAGES

Status: 2024-04-24 - Referred to Assignments [HB3553 Detail]

Download: Illinois-2023-HB3553-House_Amendment_001.html

---

Rep. Anne Stava-Murray

Filed: 3/21/2024

10300HB3553ham001 LRB103 30436 JRC 70435 a
AMENDMENT TO HOUSE BILL 3553
AMENDMENT NO. ______. Amend House Bill 3553 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Civil
Liability for Unsolicited Intimate Images Act.
Section 5. Definitions. As used in this Act:
"Electronic communication device" means (i) any type of
instrument, device, machine, equipment, or software that is
capable of transmitting, acquiring, encrypting, decrypting, or
receiving any signs, signals, writings, images, and sounds or
intelligence of any nature by wire, radio, optical, or other
electromagnetic systems or (ii) any part, accessory, or
component of such an instrument, device, machine, equipment,
or software, including, but not limited to, any computer
circuit, computer chip, security module, smart card,
electronic mechanism, or other component, accessory, or part,

10300HB3553ham001 - 2 - LRB103 30436 JRC 70435 a
that is capable of facilitating the transmission, acquisition,
encryption, decryption, or reception of signs, signals,
writings, images, and sounds or intelligence of any nature by
wire, radio, optical, or other electromagnetic systems.
"Emotional distress" means mental suffering, anxiety or
alarm.
"Obscene material" means material, including, but not
limited to, images depicting a person engaging in an act of
sexual intercourse, sodomy, oral copulation, sexual
penetration, or masturbation, or depicting the exposed
genitals or anus of any person, taken as a whole, that to the
average person, applying contemporary statewide standards,
appeals to the prurient interest, that, taken as a whole,
depicts or describes sexual conduct in a patently offensive
way, and that, taken as a whole, lacks serious literary,
artistic, political, or scientific value.
"Reasonable person" means a person in the plaintiff's
circumstances with the plaintiff's knowledge, or lack of
knowledge, of the defendant and the defendant's prior acts.
Section 10. Unsolicited intimate image liability. Any
person 18 years of age or older who knowingly and
intentionally transmits obscene material by computer or other
electronic means to the computer or electronic communication
device of another person 18 years of age or older commits a
trespass and is liable to the recipient of the obscene

10300HB3553ham001 - 3 - LRB103 30436 JRC 70435 a
material for actual damages or $500, whichever is greater, in
addition to reasonable attorney's fees and costs, if the
person who receives the obscene material has not consented to
the receipt of the obscene material or has expressly forbidden
the receipt of the obscene material and if a reasonable person
who receives the obscene material would suffer emotional
distress as a result of the receipt of the obscene material.
The court may also enjoin and restrain the defendant from
committing such further acts.
The remedies provided by this Act are cumulative and shall
not be construed as restricting a remedy that is available
under any other law.
Section 15. Application. The provisions of this Act shall
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 material, including an on-demand, subscription, or
advertising-supported service, (iii) a health care provider
that transmits material for a legitimate medical purpose, or
(iv) any transmission of commercial email.
Section 20. Venue. Venue for an action under this Act may
lie in the jurisdiction where the obscene material is

10300HB3553ham001 - 4 - LRB103 30436 JRC 70435 a