HB 5106

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Full Text of HB5106
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	HB5106 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5106
Introduced 2/10/2026, by Rep. Maurice A. West, II
SYNOPSIS AS INTRODUCED:
720 ILCS 5/26.5-0.1
720 ILCS 5/26.5-3
Amends the Criminal Code of 2012. Provides that a person also commits harassment through electronic communications when he or she uses electronic communication to transmit to any person a deepfake with intent to harass. Defines "deepfake".
LRB104 17992 RLC 31429 b
A BILL FOR
		HB5106		LRB104 17992 RLC 31429 b
1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 2012 is amended by
5changing Sections 26.5-0.1 and 26.5-3 as follows:
6    (720 ILCS 5/26.5-0.1)
7    Sec. 26.5-0.1. Definitions. As used in this Article:
8    "Deepfake" means an image, audio recording, or video 
9recording of an individual's appearance, conduct, or spoken 
10words that has been created or manipulated with machine 
11learning, natural language processing, or another 
12computational processing technique in a manner to create a 
13realistic but false image, audio, or video that:
14        (1) appears to a reasonable person to depict a real 
15    individual saying or doing something that did not actually 
16    occur; or
17        (2) provides a fundamentally different understanding 
18    or impression of an individual's appearance, conduct, or 
19    spoken words than the understanding a reasonable person 
20    would have from an unaltered, original version of the 
21    media.
22    "Electronic communication" means any transfer of signs,
23signals, writings, images, sounds, data or intelligence of any
		HB5106	- 2 -	LRB104 17992 RLC 31429 b
1nature transmitted in whole or in part by a wire, radio,
2electromagnetic, photoelectric or photo-optical system.
3"Electronic communication" includes transmissions through an
4electronic device including, but not limited to, a telephone,
5cellular phone, computer, or pager, which communication
6includes, but is not limited to, e-mail, instant message, text
7message, or voice mail.
8    "Family or household member" includes spouses, former
9spouses, parents, children, stepchildren and other persons
10related by blood or by present or prior marriage, persons who
11share or formerly shared a common dwelling, persons who have
12or allegedly share a blood relationship through a child,
13persons who have or have had a dating or engagement
14relationship, and persons with disabilities and their personal
15assistants. For purposes of this Article, neither a casual
16acquaintanceship nor ordinary fraternization between 2
17individuals in business or social contexts shall be deemed to
18constitute a dating relationship.
19    "Harass" or "harassing" means knowing conduct which is not
20necessary to accomplish a purpose that is reasonable under the
21circumstances, that would cause a reasonable person emotional
22distress and does cause emotional distress to another.
23(Source: P.A. 97-1108, eff. 1-1-13.)
24    (720 ILCS 5/26.5-3)
25    Sec. 26.5-3. Harassment through electronic communications.
		HB5106	- 3 -	LRB104 17992 RLC 31429 b
1    (a) A person commits harassment through electronic
2communications when he or she uses electronic communication
3for any of the following purposes:
4        (1) Making any comment, request, suggestion or
5    proposal which is obscene with an intent to offend;
6        (2) Interrupting, with the intent to harass, the
7    telephone service or the electronic communication service
8    of any person;
9        (3) Transmitting to any person, with the intent to
10    harass and regardless of whether the communication is read
11    in its entirety or at all, any file, document, or other
12    communication which prevents that person from using his or
13    her telephone service or electronic communications device;
14        (4) Transmitting an electronic communication or
15    knowingly inducing a person to transmit an electronic
16    communication for the purpose of harassing another person
17    who is under 13 years of age, regardless of whether the
18    person under 13 years of age consents to the harassment,
19    if the defendant is at least 16 years of age at the time of
20    the commission of the offense;
21        (5) Threatening injury to the person or to the
22    property of the person to whom an electronic communication
23    is directed or to any of his or her family or household
24    members; [or]
25        (5.5) Transmitting to any person a deepfake with 
26    intent to harass; or
		HB5106	- 4 -	LRB104 17992 RLC 31429 b
1        (6) Knowingly permitting any electronic communications
2    device to be used for any of the purposes mentioned in this
3    subsection (a).
4    (b) Telecommunications carriers, commercial mobile service
5providers, and providers of information services, including,
6but not limited to, Internet service providers and hosting
7service providers, are not liable under this Section, except
8for willful and wanton misconduct, by virtue of the
9transmission, storage, or caching of electronic communications
10or messages of others or by virtue of the provision of other
11related telecommunications, commercial mobile services, or
12information services used by others in violation of this
13Section.
14(Source: P.A. 97-1108, eff. 1-1-13.)