Illinois Senate Bill 2007

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Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on February 9 2023 - 25% progression
Action: 2023-02-09 - Referred to Assignments
Pending: Senate Assignments Committee
Text: Latest bill text (Introduced) [HTML]

Creates the Obscene Electronic Unsolicited Message Act. Provides that a person may file a private cause of action against another person 18 years of age or older who knowingly sends an image, that the person knows or reasonably should know is unsolicited, by electronic means, depicting obscene material. Provides that a prevailing plaintiff who suffers harm as a result of receiving an image, the receipt of which had been expressly forbidden by the plaintiff, in violation of these provisions, may recover the following: (1) actual damages proximately caused by the receipt of the image, including damages for emotional distress not exceeding $25,000; (2) attorney's fees; and (3) injunctive relief. Provides that the remedies under these provisions are cumulative and shall not be construed as restricting a remedy that is available under any other law. Provides exemptions. Amends the Criminal Code of 2012. Creates the offense of unsolicited transmission of sexually explicit material. Provides that a person commits the offense when: (1) he or she intentionally transmits by electronic means an image depicting a person engaged in a sexual act or whose intimate parts are exposed, in whole or in part; and (2) the image is not sent at the request of or with the consent of the recipient or the recipient has expressly forbidden receipt of such materials. Provides that nothing in these provisions preclude the imposition of other criminal penalties for that conduct. Provides exemptions. Provides that a violation is a Class C misdemeanor. Provides that a person who commits a third or subsequent violation is guilty of a Class B misdemeanor.

OBSCENE ELEC UNSOLICIT MESSAGE

Sen. Adriane Johnson [D]

Date	Chamber	Action
2023-02-09	Senate	Referred to Assignments
2023-02-09	Senate	First Reading
2023-02-09	Senate	Filed with Secretary by Sen. Adriane Johnson

Chapter	Article	Section	Citation Type	Statute Text
720	5	11-23.6	New Code	See Bill Text

Type	Source
Summary	https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2007&GAID=17&DocTypeID=SB&SessionID=112&GA=103
Text	https://www.ilga.gov/legislation/103/SB/10300SB2007.htm