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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Creates the Civil Liability for Unsolicited Intimate Images Act. Provides that 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 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. Authorizes the court to enjoin and restrain the defendant from committing such further acts. "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. Provides that the Act does 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. Provides that venue for an action under the Act may lie in the jurisdiction where the obscene material is transmitted from or where the obscene material is received or possessed by the plaintiff.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB3553 Detail]

Download: Illinois-2023-HB3553-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3553 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
New Act
Creates the Civil Liability for Unsolicited Intimate Images Act. Provides that any person 18 years of age or older who knowingly transmits an intimate image by computer or other electronic means to the computer or electronic communication device of another person 18 years of age or older when such other person has not consented to the use of the other person's computer or electronic communication device for the receipt of such material or has expressly forbidden the receipt of such material shall be considered a trespass and shall be liable to the recipient of the intimate image for actual damages or $500, whichever is greater. Provides that the Act does 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 an intimate image, including an on-demand, subscription or advertising-supported service, (iii) a health care provider that transmits an intimate image for a legitimate medical purpose, or (iv) any transmission of commercial email. Provides that venue for an action under the Act may lie in the jurisdiction where the intimate image is transmitted from or where the intimate image is received or possessed by the plaintiff.
LRB103 30436 LNS 56867 b
A BILL FOR
HB3553 LRB103 30436 LNS 56867 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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,
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.
"Intimate image" means a photograph, film, video,
recording, digital picture, or other visual reproduction of a
person 18 years of age or older who is in a state of undress so

HB3553 - 2 - LRB103 30436 LNS 56867 b
as to expose the human male or female genitals.
Section 10. Unsolicited intimate image liability. Any
person 18 years of age or older who knowingly transmits an
intimate image by computer or other electronic means to the
computer or electronic communication device of another person
18 years of age or older when such other person has not
consented to the use of the other person's computer or
electronic communication device for the receipt of such
material or has expressly forbidden the receipt of such
material shall be considered a trespass and shall be liable to
the recipient of the intimate image for actual damages or
$500, whichever is greater, in addition to reasonable
attorney's fees and costs. 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 an intimate image, including an on-demand,

HB3553 - 3 - LRB103 30436 LNS 56867 b
subscription or advertising-supported service, (iii) a health
care provider that transmits an intimate image 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 intimate image is
transmitted from or where the intimate image is received or
possessed by the plaintiff.