705 ILCS 405/3-40

Current through Public Act 103-1052
Section 705 ILCS 405/3-40 - Minors Involved in Electronic Dissemination of Indecent Visual Depictions in Need of Supervision
(a) For the purposes of this Section:

"Computer" has the meaning ascribed to it in Section 17-0.5 of the Criminal Code of 2012.

"Electronic communication device" means an electronic device, including but not limited to a wireless telephone, personal digital assistant, or a portable or mobile computer, that is capable of transmitting images or pictures.

"Indecent visual depiction" means a depiction or portrayal in any pose, posture, or setting involving a lewd exhibition of the unclothed or transparently clothed genitals, pubic area, buttocks, or, if such person is female, a fully or partially developed breast of the person.

"Minor" means a person under 18 years of age.

(b) A minor shall not distribute or disseminate an indecent visual depiction of another minor through the use of a computer or electronic communication device.
(c) Adjudication. A minor who violates subsection (b) of this Section may be subject to a petition for adjudication and adjudged a minor in need of supervision.
(d) Kinds of dispositional orders. A minor found to be in need of supervision under this Section may be:
(1) ordered to obtain counseling or other supportive services to address the acts that led to the need for supervision; or
(2) ordered to perform community service.
(e) Nothing in this Section shall be construed to prohibit a prosecution for disorderly conduct, public indecency, child pornography, a violation of Article 26.5 (Harassing and Obscene Communications) of the Criminal Code of 2012, or any other applicable provision of law.

705 ILCS 405/3-40

Amended by P.A. 099-0078,§ 480, eff. 7/20/2015.
Amended by P.A. 097-1150,§ 600, eff. 1/25/2013.
Amended by P.A. 097-1108,§ 15-25, eff. 1/1/2013.
Added by P.A. 096-1087,§ 5, eff. 1/1/2011.