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HB4311 • 2026
CRIM CD-OBSCENITY CIVIL ACTION
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
CRIM CD-OBSCENITY CIVIL ACTION
Rule 19(a) / Re-referred to Rules Committee
House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee
House Committee Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee
House Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
House Committee Amendment No. 2 Rules Refers to Judiciary - Civil Committee
House Committee Amendment No. 2 Filed with Clerk by Rep. Jay Hoffman
House Committee Amendment No. 2 Referred to Rules Committee
Removed Co-Sponsor Rep. Rick Ryan
Added Chief Co-Sponsor Rep. Rick Ryan
House Committee Amendment No. 1 Filed with Clerk by Rep. Jay Hoffman
House Committee Amendment No. 1 Referred to Rules Committee
Assigned to Judiciary - Civil Committee
Added Chief Co-Sponsor Rep. Katie Stuart
Added Co-Sponsor Rep. Rick Ryan
Added Co-Sponsor Rep. Michael J. Kelly
First Reading
Referred to Rules Committee
Filed with the Clerk by Rep. Jay Hoffman
CRIM CD-OBSCENITY CIVIL ACTION
Illinois General Assembly - Full Text of HB4311 Select Language × The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein. Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet. The English language version is always the official and authoritative version of this website. NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window. 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Full Text of HB4311 Home Legislation Full Text HB4311 - 104th General Assembly Bill Status Full Text Votes Witness Slips Select Menu Bill Status Full Text Votes Witness Slips Printer Friendly Version Introduced House Amendment 001 House Amendment 002 Printer Friendly Version Introduced House Amendment 001 House Amendment 002 Open PDF 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4311 Introduced 1/14/2026, by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 720 ILCS 5/11-20 from Ch. 38, par. 11-20 Amends the Criminal Code of 2012. Provides that any person who is harmed by the unlawful sale, distribution, promotion, or exhibition of obscene material may bring a civil action against the individual or entity responsible for the violation. Provides that the prevailing plaintiff in a civil action under this provision may be entitled to compensatory damages for actual damages suffered as a result of the obscenity violation. Provides that a civil action for obscenity violations under this provision must be brought within 5 years of the discovery of the violation or the harm caused by the violation. Provides that, in any successful civil action, the plaintiff may be entitled to recover reasonable attorney's fees in addition to the damages awarded. Provides that a court may grant injunctive relief to prevent further violations of this provision, including the cessation of the sale, distribution, or exhibition of obscene material by the defendant. Provides that the civil action may be brought in the county where the defendant resides, where the unlawful sale, distribution, promotion, or exhibition occurred, or where the plaintiff resides, if applicable. LRB104 17246 RLC 30667 b A BILL FOR HB4311 LRB104 17246 RLC 30667 b 1 AN ACT concerning criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 2012 is amended by 5 changing Section 11-20 as follows: 6 (720 ILCS 5/11-20) (from Ch. 38, par. 11-20) 7 Sec. 11-20. Obscenity. 8 (a) Elements of the Offense. A person commits obscenity 9 when, with knowledge of the nature or content thereof, or 10 recklessly failing to exercise reasonable inspection which 11 would have disclosed the nature or content thereof, he or she: 12 (1) Sells, delivers or provides, or offers or agrees 13 to sell, deliver or provide any obscene writing, picture, 14 record or other representation or embodiment of the 15 obscene; or 16 (2) Presents or directs an obscene play, dance or 17 other performance or participates directly in that portion 18 thereof which makes it obscene; or 19 (3) Publishes, exhibits or otherwise makes available 20 anything obscene; or 21 (4) Performs an obscene act or otherwise presents an 22 obscene exhibition of his or her body for gain; or 23 (5) Creates, buys, procures or possesses obscene HB4311 - 2 - LRB104 17246 RLC 30667 b 1 matter or material with intent to disseminate it in 2 violation of this Section, or of the penal laws or 3 regulations of any other jurisdiction; or 4 (6) Advertises or otherwise promotes the sale of 5 material represented or held out by him or her to be 6 obscene, whether or not it is obscene. 7 (b) Obscene Defined. 8 Any material or performance is obscene if: (1) the average 9 person, applying contemporary adult community standards, would 10 find that, taken as a whole, it appeals to the prurient 11 interest; and (2) the average person, applying contemporary 12 adult community standards, would find that it depicts or 13 describes, in a patently offensive way, ultimate sexual acts 14 or sadomasochistic sexual acts, whether normal or perverted, 15 actual or simulated, or masturbation, excretory functions or 16 lewd exhibition of the genitals; and (3) taken as a whole, it 17 lacks serious literary, artistic, political or scientific 18 value. 19 (b-1) Civil Remedy for Victims of Obscenity Violations. 20 (1) Civil Action for Victims. Any person who is harmed 21 by the unlawful sale, distribution, promotion, or 22 exhibition of obscene material under this Section may 23 bring a civil action against the individual or entity 24 responsible for the violation. 25 (2) Damages. A prevailing plaintiff in a civil action 26 under this subsection may be entitled to compensatory HB4311 - 3 - LRB104 17246 RLC 30667 b 1 damages for actual damages suffered as a result of the 2 obscenity violation. 3 (3) Statute of Limitations. A civil action for 4 obscenity violations under this subsection must be brought 5 within 5 years of the discovery of the violation or the 6 harm caused by the violation. 7 (4) Attorney's Fees. In any successful civil action, 8 the plaintiff may be entitled to recover reasonable 9 attorney's fees, in addition to the damages awarded. 10 (5) Injunctive Relief. A court may grant injunctive 11 relief to prevent further violations of this Section, 12 including the cessation of the sale, distribution, or 13 exhibition of obscene material by the defendant. 14 (6) Venue. The civil action may be brought in the 15 county where the defendant resides, where the unlawful 16 sale, distribution, promotion, or exhibition occurred, or 17 where the plaintiff resides, if applicable. 18 (c) Interpretation of Evidence. 19 Obscenity shall be judged with reference to ordinary 20 adults, except that it shall be judged with reference to 21 children or other specially susceptible audiences if it 22 appears from the character of the material or the 23 circumstances of its dissemination to be specially designed 24 for or directed to such an audience. 25 Where circumstances of production, presentation, sale, 26 dissemination, distribution, or publicity indicate that HB4311 - 4 - LRB104 17246 RLC 30667 b 1 material is being commercially exploited for the sake of its 2 prurient appeal, such evidence is probative with respect to 3 the nature of the matter and can justify the conclusion that 4 the matter is lacking in serious literary, artistic, political 5 or scientific value. 6 In any prosecution for an offense under this Section 7 evidence shall be admissible to show: 8 (1) The character of the audience for which the 9 material was designed or to which it was directed; 10 (2) What the predominant appeal of the material would 11 be for ordinary adults or a special audience, and what 12 effect, if any, it would probably have on the behavior of 13 such people; 14 (3) The artistic, literary, scientific, educational or 15 other merits of the material, or absence thereof; 16 (4) The degree, if any, of public acceptance of the 17 material in this State; 18 (5) Appeal to prurient interest, or absence thereof, 19 in advertising or other promotion of the material; 20 (6) Purpose of the author, creator, publisher or 21 disseminator. 22 (d) Sentence. 23 Obscenity is a Class A misdemeanor. A second or subsequent 24 offense is a Class 4 felony. 25 (e) Permissive Inference. 26 The trier of fact may infer an intent to disseminate from HB4311 - 5 - LRB104 17246 RLC 30667 b 1 the creation, purchase, procurement or possession of a mold, 2 engraved plate or other embodiment of obscenity specially 3 adapted for reproducing multiple copies, or the possession of 4 more than 3 copies of obscene material. 5 (f) Affirmative Defenses. 6 It shall be an affirmative defense to obscenity that the 7 dissemination: 8 (1) Was not for gain and was made to personal 9 associates other than children under 18 years of age; 10 (2) Was to institutions or individuals having 11 scientific or other special justification for possession 12 of such material. 13 (g) Forfeiture of property. A person who has been 14 convicted previously of the offense of obscenity and who is 15 convicted of a second or subsequent offense of obscenity is 16 subject to the property forfeiture provisions set forth in 17 Article 124B of the Code of Criminal Procedure of 1963. 18 (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11 .) Footer Disclaimer This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. Contact ILGA Webmaster ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies. Read About Cookies ILGA.GOV 2026 ILGA.gov | All Rights Reserved | ADA | Disclaimers | Learn This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. 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