Bill Text: IL HB2537 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Criminal Code of 1961. Provides that it is a Class A misdemeanor for a person to upload on the Internet an electronic nude image of another person without the written consent of the person whose nude image was uploaded and with the intent to injure the reputation of the other person or with the intent to cause emotional distress to the other person. Provides that it is a Class A misdemeanor for a person to disseminate a video recording of another person without the written consent of the person whose nude image was disseminated and with the intent to injure the reputation of the other person or with the intent to cause emotional distress to the other person. Exempts: (1) the dissemination of a nude image of an infant or toddler that is not child pornography; or (2) the depiction of a nude image in a museum or place of worship that is not obscenity or child pornography.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2009-08-16 - Rule 19(b) / Re-referred to Rules Committee [HB2537 Detail]

Download: Illinois-2009-HB2537-Engrossed.html

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HB2537 Engrossed LRB096 03358 RLC 18546 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by adding
Section 11-20.4 as follows:
(720 ILCS 5/11-20.4 new)
Sec. 11-20.4. Dissemination of nude images; written
consent.
(a) Elements of the offense. It is unlawful for a person to
upload on the Internet an electronic nude image of another
person without the written consent of the person whose nude
image was uploaded and with the intent to injure the reputation
of the other person or with the intent to cause emotional
distress to the other person.
(b) It is unlawful for a person to disseminate a video
recording of another person without the written consent of the
person whose nude image was disseminated and with the intent to
injure the reputation of the other person or with the intent to
cause emotional distress to the other person.
(c) Sentence. A person who violates this Section is guilty
of a Class A misdemeanor.
(d) Exemptions. Nothing in this Section shall be construed
to prohibit:

HB2537 Engrossed - 2 - LRB096 03358 RLC 18546 b
(1) the dissemination of a nude image of an infant or
toddler that is not child pornography under Section
11-20.1; or
(2) the depiction of a nude image in a museum or place
of worship that is not obscenity under Section 11-20 or
child pornography under Section 11-20.1.
(e) Definitions. For the purposes of this Section:
"Computer", "computer program", and "data" have the
meanings ascribed to them in Section 16D-2 of this Code.
"Depiction" means a computer program or data that,
after being processed by a computer either alone or in
conjunction with one or more computer programs, results in
a visual depiction on a computer monitor, screen, or
display.
"Disseminate" means (i) to sell, distribute, exchange,
or transfer possession, whether with or without
consideration or (ii) to make a depiction by computer
available for distribution or downloading through the
facilities of any telecommunications network or through
any other means of transferring computer programs or data
to a computer.
"Internet" has the meaning ascribed to it in Section
16J-5 of this Code.
"Nude image" means a depiction that exposes the male
genitals or buttocks or the female genitals, breasts, or
buttocks.