Bill Text: IL HB4583 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Criminal Code of 1961. Provides that it is unlawful for a minor under 17 years of age to knowingly disseminate any material that depicts nudity or other sexual conduct by electronic transfer or capture of images of the person's self image or image of another minor under 17 years of age. Provides that a violation is a Class B misdemeanor. Provides that it is unlawful for a minor under 17 years of age to knowingly request another minor under 17 years of age to violate this provision and distribute that image or images to another person or persons. Provides that a violation is a Class A misdemeanor. Provides that it is unlawful for a minor under 17 years of age to knowingly obtain an image in violation of these provisions and distribute the image or images by means of uploading the nude image on an Internet website with the intent to injure the reputation of the other person or with the intent to cause emotional distress to the other person and to maintain an Internet website or webpage which is accessible to one or more third parties for a period of at least 24 hours. Provides that a violation is a Class 4 felony. Permits the court to impose additional specified penalties.
Spectrum: Moderate Partisan Bill (Republican 9-2)
Status: (Passed) 2010-07-19 - Public Act . . . . . . . . . 96-1087 [HB4583 Detail]
Download: Illinois-2009-HB4583-Enrolled.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
5 | changing Sections 3-1, 3-7, and 3-15 and by adding Section 3-40 | ||||||
6 | as follows:
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7 | (705 ILCS 405/3-1) (from Ch. 37, par. 803-1) | ||||||
8 | Sec. 3-1. Jurisdictional facts. Proceedings may be | ||||||
9 | instituted under
this Article concerning boys and girls who | ||||||
10 | require authoritative intervention
as defined in Section 3-3 , | ||||||
11 | or who are truant minors in need of supervision
as defined in | ||||||
12 | Section 3-33.5 , or who are minors involved in electronic | ||||||
13 | dissemination of indecent visual depictions in need of | ||||||
14 | supervision as defined in Section 3-40 . | ||||||
15 | (Source: P.A. 94-1011, eff. 7-7-06.)
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16 | (705 ILCS 405/3-7) (from Ch. 37, par. 803-7) | ||||||
17 | Sec. 3-7. Taking into temporary custody. | ||||||
18 | (1) A law enforcement officer may, without a warrant, take | ||||||
19 | into
temporary custody a minor (a) whom the officer with | ||||||
20 | reasonable cause
believes to be a minor requiring authoritative | ||||||
21 | intervention; (b) who has been
adjudged a ward of the court and | ||||||
22 | has escaped from any commitment ordered by
the court under this |
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1 | Act; or (c) who is found in any street or public place
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2 | suffering from any sickness or injury which requires care, | ||||||
3 | medical
treatment or hospitalization ; or (d) whom the officer | ||||||
4 | with reasonable cause believes to be a minor in need of | ||||||
5 | supervision under Section 3-40 . | ||||||
6 | (2) Whenever a petition has been filed under Section 3-15 | ||||||
7 | and the
court finds that the conduct and behavior of the minor | ||||||
8 | may endanger the
health, person, welfare, or property of | ||||||
9 | himself or others or that the
circumstances of his home | ||||||
10 | environment may endanger his health, person,
welfare or | ||||||
11 | property, a warrant may be issued immediately to take the minor
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12 | into custody. | ||||||
13 | (3) The taking of a minor into temporary custody under this | ||||||
14 | Section is
not an arrest nor does it constitute a police | ||||||
15 | record. | ||||||
16 | (4) No minor taken into temporary custody shall be placed | ||||||
17 | in a jail,
municipal lockup, detention center, or secure | ||||||
18 | correctional facility. | ||||||
19 | (Source: P.A. 87-1154.)
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20 | (705 ILCS 405/3-15) (from Ch. 37, par. 803-15) | ||||||
21 | Sec. 3-15. Petition; supplemental petitions. | ||||||
22 | (1) Any adult person, any
agency or association by its | ||||||
23 | representative may file, or the court on its
own motion may | ||||||
24 | direct the filing through the State's Attorney of a petition
in | ||||||
25 | respect to a minor under this Act. The petition and all |
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1 | subsequent court
documents shall be entitled "In the interest | ||||||
2 | of ...., a minor". | ||||||
3 | (2) The petition shall be verified but the statements may | ||||||
4 | be made
upon information and belief. It shall allege that the | ||||||
5 | minor
requires authoritative intervention or supervision and | ||||||
6 | set forth (a) facts sufficient to
bring the minor under Section | ||||||
7 | 3-3 , or 3-33.5 , or 3-40 ;
(b) the name, age and residence of the | ||||||
8 | minor; (c) the
names and residences of his parents; (d) the | ||||||
9 | name and residence of his
legal guardian or the person or | ||||||
10 | persons having custody or control of the
minor, or of the | ||||||
11 | nearest known relative if no parent or guardian can be
found; | ||||||
12 | and (e) if the minor upon whose behalf the petition is brought | ||||||
13 | is
sheltered in custody, the date on which shelter care was | ||||||
14 | ordered by the
court or the date set for a shelter care | ||||||
15 | hearing. If any of the facts
herein required are not known by | ||||||
16 | the petitioner, the petition shall so
state. | ||||||
17 | (3) The petition must allege that it is in the best | ||||||
18 | interests of the
minor and of the public that he be adjudged a | ||||||
19 | ward of the court and may
pray generally for relief available | ||||||
20 | under this Act. The petition need
not specify any proposed | ||||||
21 | disposition following adjudication of wardship. | ||||||
22 | (4) If appointment of a guardian of the person with power | ||||||
23 | to consent
to adoption of the minor under Section 3-30 is | ||||||
24 | sought, the petition shall
so state. | ||||||
25 | (5) At any time before dismissal of the petition or before | ||||||
26 | final
closing and discharge under Section 3-32, one or more |
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1 | supplemental
petitions may be filed in respect to the same | ||||||
2 | minor. | ||||||
3 | (Source: P.A. 94-1011, eff. 7-7-06.)
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4 | (705 ILCS 405/3-40 new) | ||||||
5 | Sec. 3-40. Minors involved in electronic dissemination of | ||||||
6 | indecent visual depictions in need of supervision. | ||||||
7 | (a) For the purposes of this Section: | ||||||
8 | "Computer" has the meaning ascribed to it in Section 16D-2 | ||||||
9 | of the Criminal Code of 1961. | ||||||
10 | "Electronic communication device" means an electronic | ||||||
11 | device, including but not limited to a wireless telephone, | ||||||
12 | personal digital assistant, or a portable or mobile computer, | ||||||
13 | that is capable of transmitting images or pictures. | ||||||
14 | "Indecent visual depiction" means a depiction or portrayal | ||||||
15 | in any pose, posture, or setting involving a lewd exhibition of | ||||||
16 | the unclothed or transparently clothed genitals, pubic area, | ||||||
17 | buttocks, or, if such person is female, a fully or partially | ||||||
18 | developed breast of the person. | ||||||
19 | "Minor" means a person under 18 years of age. | ||||||
20 | (b) A minor shall not distribute or disseminate an indecent | ||||||
21 | visual depiction of another minor through the use of a computer | ||||||
22 | or electronic communication device. | ||||||
23 | (c) Adjudication. A minor who violates subsection (b) of | ||||||
24 | this Section may be subject to a petition for adjudication and | ||||||
25 | adjudged a minor in need of supervision. |
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1 | (d) Kinds of dispositional orders. A minor found to be in | ||||||
2 | need of supervision under this Section may be: | ||||||
3 | (1) ordered to obtain counseling or other supportive | ||||||
4 | services to address the acts that led to the need for | ||||||
5 | supervision; or | ||||||
6 | (2) ordered to perform community service. | ||||||
7 | (e) Nothing in this Section shall be construed to prohibit | ||||||
8 | a prosecution for disorderly conduct, public indecency, child | ||||||
9 | pornography, a violation of the Harassing and Obscene | ||||||
10 | Communications Act, or any other applicable provision of law.
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