OBSCENE ELEC UNSOLICIT MESSAGE
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SB 2007 — OBSCENE ELEC UNSOLICIT MESSAGE
Last action — Referred to Assignments
No card. One bill, free forever — alerts when it moves.
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1Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 103rd Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
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.
Bill Text
- Introduced View text Current pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill establishes the Obscene Electronic Unsolicited Message Act, creating new private causes of action for unsolicited obscene messages and classifying unsolicited transmission of sexually explicit material as a misdemeanor.
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720 ILCS 5/11-23.6
Sec. 11-23.6. Unsolicited transmission of sexually explicit material...
This section creates a new offense for unsolicited transmission of sexually explicit material.
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720 ILCS 5/11-23.6
A person commits unsolicited transmission of sexually explicit material 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.
It specifies the conditions under which sending sexually explicit material becomes an offense.
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720 ILCS 5/11-23.6(e)
Unsolicited transmission of sexually explicit material is a Class C misdemeanor. A person who commits a third or subsequent violation of this Section is guilty of a Class B misdemeanor.
It establishes penalties for committing the offense of unsolicited transmission of sexually explicit material.
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720 ILCS 5/11-23.6(d)
Nothing in this Section shall be construed to impose criminal liability upon the following entities solely as a result of content or information provided by another person: (1) an interactive computer service, (2) a provider of public mobile services or private radio services, or (3) a telecommunications network or broadband provider.
This provides liability protections for certain entities regarding unsolicited material sent by users.
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720 ILCS 5/11-23.6(c)
Nothing in this Section precludes the imposition of other criminal penalties for conduct described in this Section.
It clarifies that other existing criminal penalties can still apply.
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720 ILCS 5/11-23.6(b)
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 subsection (a), 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.
It provides a private right of action for victims of unsolicited obscene messages to recover damages.
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720 ILCS 5/11-23.6(a)
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.
It allows individuals to sue for damages if they receive unsolicited obscene images.
Action History
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. Adriane Johnson
Sponsors
- Adriane L. Johnson · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 182 not signed on
Sponsors (1)
- Adriane L. Johnson Democrat
Co-sponsors (0)
None.
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does SB 2007 do?
- 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.
- Who sponsors SB 2007?
- SB 2007 is sponsored by Adriane L. Johnson (Democrat).
- What is the current status of SB 2007?
- This bill died with 103rd Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 2007?
- Track SB 2007 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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