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[ Engrossed ] | [ Enrolled ] | [ Senate Amendment 002 ] |
91_SB0094 LRB9101683RCks 1 AN ACT to amend the Harassing and Obscene Communications 2 Act by changing Section 1. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Harassing and Obscene Communications Act 6 is amended by changing Section 1 as follows: 7 (720 ILCS 135/1) (from Ch. 134, par. 16.4) 8 Sec. 1. Transmission of obscene messages prohibited. 9 (a) Any person in this State who sends any 10 communications or messages or uses language or terms that 11whichare obscene, lewd, or immoral with the intent to offend 12 by means of or while using a telephone or telegraph 13 facilities, equipment, or wires or by means of an electronic 14 communication of any person, firm, or corporation engaged in 15 the transmission of news or messages between states or within 16 thistheStateof Illinoisis guilty of a Class B 17 misdemeanor. The use of language or terms thatwhichare 18 obscene, lewd, or immoral is prima facie evidence of the 19 intent to offend. 20 (b) Any person in this State who sends any 21 communications or messages or uses language or terms that 22 purport to solicit a sexual act with a person, knowing the 23 person to be under 18 years of age, by means of or while 24 using a telephone or telegraph facilities, equipment, or 25 wires or by means of an electronic communication of any 26 person, firm, or corporation engaged in the transmission of 27 news or messages between states or within this State is 28 guilty of a Class 4 felony. 29 (c) For the purposes of this Section, "sexual act" means 30 any act of sexual conduct or sexual penetration as defined in 31 subsection (e) or (f), respectively, of Section 12-12 of the -2- LRB9101683RCks 1 Criminal Code of 1961. 2 (Source: P.A. 77-2620.)