Illinois § 3-40

§ 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. (Source: P.A. 99-78, eff. 7-20-15.) (Text of Section after amendment by P.A. 104-245) Sec. 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 sexual abuse material, a violation of Article 26.5 (Harassing and Obscene Communications) of the Criminal Code of 2012, or any other applicable provision of law. (Source: P.A. 104-245, eff. 1-1-26.)