325 ILCS 5/4.5 — Illinois Code / Chapter 325 / Act 5 / Section 4.5
Section 4.5
Status: in_force

(325 ILCS 5/4.5) (Text of Section before amendment by P.A. 104-245) Sec. 4.5. Electronic and information technology workers; reporting child pornography. (a) In this Section: "Child pornography" means child pornography as described in Section 11-20.1 of the Criminal Code of 2012. "Electronic and information technology equipment" means equipment used in the creation, manipulation, storage, display, or transmission of data, including internet and intranet systems, software applications, operating systems, video and multimedia, telecommunications products, kiosks, information transaction machines, copiers, printers, and desktop and portable computers. "Electronic and information technology equipment worker" means a person who in the scope and course of the person's employment or business installs, repairs, or otherwise services electronic and information technology equipment for a fee but does not include (i) an employee, independent contractor, or other agent of a telecommunications carrier or telephone or telecommunications cooperative, as those terms are defined in the Public Utilities Act, or (ii) an employee, independent contractor, or other agent of a provider of commercial mobile radio service, as defined in 47 CFR 20.3. (b) If an electronic and information technology equipment worker discovers any depiction of child pornography while installing, repairing, or otherwise servicing an item of electronic and information technology equipment, that worker or the worker's employer shall immediately report the discovery to the local law enforcement agency or to the Cyber Tipline at the National Center for Missing and Exploited Children. (c) If a report is filed in accordance with the requirements of 42 U.S.C. 13032, the requirements of this Section 4.5 will be deemed to have been met. (d) An electronic and information technology equipment worker or electronic and information technology equipment worker's employer who reports a discovery of child pornography as required under this Section is immune from any criminal, civil, or administrative liability in connection with making the report, except for willful or wanton misconduct. (e) Failure to report a discovery of child pornography as required under this Section is a business offense subject to a fine of $1,001. (Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) (Text of Section after amendment by P.A. 104-245) Sec. 4.5. Electronic and information technology workers; reporting child sexual abuse material. (a) In this Section: "Child sexual abuse material" means child sexual abuse material as described in Section 11-20.1 of the Criminal Code of 2012. "Electronic and information technology equipment" means equipment used in the creation, manipulation, storage, display, or transmission of data, including internet and intranet systems, software applications, operating systems, video and multimedia, telecommunications products, kiosks, information transaction machines, copiers, printers, and desktop and portable computers. "Electronic and information technology equipment worker" means a person who in the scope and course of the person's employment or business installs, repairs, or otherwise services electronic and information technology equipment for a fee but does not include (i) an employee, independent contractor, or other agent of a telecommunications carrier or telephone or telecommunications cooperative, as those terms are defined in the Public Utilities Act, or (ii) an employee, independent contractor, or other agent of a provider of commercial mobile radio service, as defined in 47 CFR 20.3. (b) If an electronic and information technology equipment worker discovers any depiction of child sexual abuse material while installing, repairing, or otherwise servicing an item of electronic and information technology equipment, that worker or the worker's employer shall immediately report the discovery to the local law enforcement agency or to the Cyber Tipline at the National Center for Missing and Exploited Children. (c) If a report is filed in accordance with the requirements of 42 U.S.C. 13032, the requirements of this Section 4.5 will be deemed to have been met. (d) An electronic and information technology equipment worker or electronic and information technology equipment worker's employer who reports a discovery of child sexual abuse material as required under this Section is immune from any criminal, civil, or administrative liability in connection with making the report, except for willful or wanton misconduct. (e) Failure to report a discovery of child sexual abuse material as required under this Section is a business offense subject to a fine of $1,001. (Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24; 104-245, eff. 1-1-26.)