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SB 1716

CRIM CD-NONCONSENSUAL DISSEM

104th Regular Session Introduced by Mike Hastings

Imposes a Class 3 felony for non-consensual dissemination of private sexual images when transmitted via end-to-end encrypted messaging systems or devices.

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Bill Summary · SB 1716

Summary — SB 1716 (CRIM CD — Non‑consensual Dissemination of Private Sexual Images)

Status: Referred to Assignments (Introduced Feb 2025)
Primary sponsor (Illinois): Sen. Michael E. Hastings
Note: the supplied document also contains unrelated Arizona bill text; this summary addresses the Illinois Criminal Code amendment titled “Non‑consensual dissemination of private sexual images.”

Purpose / Intent

Amend 720 ILCS 5/11‑23.5 (Criminal Code of 2012) to increase the criminal penalty for non‑consensual dissemination of private sexual images when the offender uses an end‑to‑end encrypted messaging system or device to transmit or disseminate the image. The bill also defines “end‑to‑end encryption messaging system or device” and updates several definitions in the statute. It takes effect upon becoming law.

Key provisions

  • Penalty enhancement:
    • Non‑consensual dissemination of private sexual images is made a Class 3 felony if the person who commits the offense uses an end‑to‑end encryption messaging system or device to transmit or disseminate the image to the victim or another person.
  • Definitions (added/clarified):
    • “End‑to‑end encryption messaging system or device” — defined as a method of data transmission in which only the sender and the intended recipient can access the content; expressly includes encrypted messaging services, encrypted email, and other secure communications where data is encrypted in transit and can only be decrypted by the intended recipient.
    • “Image” — includes photograph, film, videotape, digital recording, or other depiction of an object (including a human body).
    • “Intimate parts” — defined to include uncovered or partially uncovered genitals, pubic area, anus, and, for females, partially or fully exposed nipples (including exposure through transparent clothing).
    • “Sexual act” and “sexual activity” are further defined (touching for sexual gratification, transfer of semen, sexual urination, bondage/sadomasochism in sexual context).
  • Exemptions:
    • Dissemination for lawful criminal investigation, reporting unlawful conduct, lawful public purpose, voluntary public dissemination by the person depicted, and similar exceptions are carved out (statutory text contains several enumerated exemptions).
  • Civil/criminal ancillary provisions:
    • Persons convicted under the section are subject to the forfeiture provisions in Article 124B of the Code of Criminal Procedure of 1963.
    • The statute expressly states that nothing in the section imposes liability solely on: interactive computer services (47 U.S.C. §230(f)(2)), public mobile or private radio service providers, or telecommunications/broadband providers, based solely on content provided by another person.

Who is affected

  • Perpetrators: Individuals who intentionally disseminate private sexual images without consent — increased exposure to Class 3 felony penalties if they use end‑to‑end encryption to transmit images.
  • Victims: Individuals whose private sexual images are disseminated; the bill is intended to deter dissemination even when perpetrators use encrypted channels.
  • Service providers: Platforms and communication providers are expressly shielded from liability solely for user content under the enumerated statutory immunity language.
  • Law enforcement/prosecutors: Must prove use of an end‑to‑end encryption messaging system or device to obtain the enhanced Class 3 felony classification.

Practical/Policy considerations

  • The enhancement targets dissemination via secure, encrypted channels; prosecutors will need evidence that an end‑to‑end encrypted system or device was used in the transmission to obtain the higher felony classification.
  • Because end‑to‑end encryption can limit third‑party access to message content, proving transmission method may require device or account evidence, metadata, or admissions by the defendant.
  • The immunity language preserves existing protections for platforms and telecom providers against liability solely due to third‑party content.

Procedural notes

  • Introduced in February 2025 (sponsor: Sen. Michael E. Hastings). The document indicates “Referred to Assignments.” The supplied materials also include unrelated Arizona legislative text and multiple committee action entries — users should consult the official Illinois General Assembly bill page for up‑to‑date status and the finalized bill text.

Compiled from official sources — confirm details with the bill’s official record.

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