CRIM CD-DEEPFAKE-HARASS

Illinois General Assembly - Full Text of HB5106

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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,
3
represented in the General Assembly:

4

Section 5.
The Criminal Code of 2012 is amended by
5
changing 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
9
recording of an individual's appearance, conduct, or spoken
10
words that has been created or manipulated with machine
11
learning, natural language processing, or another
12
computational processing technique in a manner to create a
13
realistic 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,
23
signals, writings, images, sounds, data or intelligence of any

HB5106
- 2 -
LRB104 17992 RLC 31429 b
1
nature transmitted in whole or in part by a wire, radio,
2
electromagnetic, photoelectric or photo-optical system.
3
"Electronic communication" includes transmissions through an
4
electronic device including, but not limited to, a telephone,
5
cellular phone, computer, or pager, which communication
6
includes, but is not limited to, e-mail, instant message, text
7
message, or voice mail.
8

"Family or household member" includes spouses, former
9
spouses, parents, children, stepchildren and other persons
10
related by blood or by present or prior marriage, persons who
11
share or formerly shared a common dwelling, persons who have
12
or allegedly share a blood relationship through a child,
13
persons who have or have had a dating or engagement
14
relationship, and persons with disabilities and their personal
15
assistants. For purposes of this Article, neither a casual
16
acquaintanceship nor ordinary fraternization between 2
17
individuals in business or social contexts shall be deemed to
18
constitute a dating relationship.
19

"Harass" or "harassing" means knowing conduct which is not
20
necessary to accomplish a purpose that is reasonable under the
21
circumstances, that would cause a reasonable person emotional
22
distress 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
2
communications when he or she uses electronic communication
3
for 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
5
providers, and providers of information services, including,
6
but not limited to, Internet service providers and hosting
7
service providers, are not liable under this Section, except
8
for willful and wanton misconduct, by virtue of the
9
transmission, storage, or caching of electronic communications
10
or messages of others or by virtue of the provision of other
11
related telecommunications, commercial mobile services, or
12
information services used by others in violation of this
13
Section.
14
(Source: P.A. 97-1108, eff. 1-1-13.)

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