(a) Definitions: For the purposes of this Section, the following definitions shall apply:
COMPUTER has the meaning ascribed to it in Article 17, Section 17-0.5 of the Illinois Criminal Code of 2012 (720 ILCS 5/17-0.5).
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 photograph image, 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 eighteen (18) years of age.
(b) A minor shall not solicit, possess, distribute, or disseminate an indecent visual depiction of another minor through the use of a computer or electronic communication device.
(c) A minor does not violate this paragraph if all of the following apply:
(1) The minor did not solicit the photograph or video.
(2) The minor took reasonable steps to report the photograph or video to a school or law enforcement official.
(3) The minor did not transmit or distribute the photograph or a video to a third party other than a law enforcement official.
(d) Penalty. Any person who violates this Subsection shall upon conviction thereof, be subject to a fine according to the fine schedule located in Appendix B for each offense of which such person shall be convicted. Each subsequent violation shall be deemed a separate offense.
(e) Nothing in this Subsection 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 (720 ILCS 5/26.5-0.1, et seq.), or any other applicable provision of law.
(Ord. 5301, 5-21-18)