State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 002 ]

91_SB0094eng

 
SB94 Engrossed                                 LRB9101683RCks

 1        AN ACT to amend the Harassing and Obscene  Communications
 2    Act by changing Section 1 and adding Section 0.02.

 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 and adding Section 0.02 as
 7    follows:

 8        (720 ILCS 135/0.02 new)
 9        Sec. 0.02.  Person defined.  For  the  purposes  of  this
10    Act,  the  term  "person"  is  not  intended  to  refer  to a
11    telecommunications carrier as defined in  Section  13-202  of
12    the  Public  Utilities  Act  or  a  provider of access to the
13    internet where internet  refers  to  the  global  information
14    system that is logically linked together by a globally unique
15    address   space   based  on  the  Internet  Protocol  or  its
16    subsequent  extensions/follow-ons  and  is  able  to  support
17    communications     using     the     Transmission     Control
18    Protocol/Internet   Protocol   suite   or   its    subsequent
19    extensions/follow-ons,       and/or       other      Internet
20    Protocol-compatible protocols.

21        (720 ILCS 135/1) (from Ch. 134, par. 16.4)
22        Sec. 1. Transmission of obscene messages prohibited.
23        (a)  Any   person   in   this   State   who   sends   any
24    communications or messages or uses  language  or  terms  that
25    which are obscene, lewd, or immoral with the intent to offend
26    by   means  of  or  while  using  a  telephone  or  telegraph
27    facilities, equipment, or wires or by means of an  electronic
28    communication  of any person, firm, or corporation engaged in
29    the transmission of news or messages between states or within
30    this  the  State  of  Illinois  is  guilty  of  a   Class   B
 
SB94 Engrossed              -2-                LRB9101683RCks
 1    misdemeanor.  The  use  of  language  or terms that which are
 2    obscene, lewd, or immoral is  prima  facie  evidence  of  the
 3    intent to offend.
 4        (b)  Any  person  17  years of age or older in this State
 5    who, with the intent to offend, sends any  communications  or
 6    messages  or uses language or terms that purport to solicit a
 7    sexual act with a person, knowing the person to be  under  13
 8    years  of  age,  by  means  of  or while using any electronic
 9    communication, a telephone or equipment, or wires or by means
10    of any electronic  communication  of  any  person,  firm,  or
11    corporation  engaged  in the transmission of news or messages
12    between states or within this State is guilty of  a  Class  4
13    felony.
14        (c)  For the purposes of this Section, "sexual act" means
15    any act of sexual penetration as defined in subsection (f) of
16    Section 12-12 of the Criminal Code of 1961.
17    (Source: P.A. 77-2620.)

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