Current through Public Act 103-1052
Section 740 ILCS 190/10 - Civil action(a) Except as otherwise provided in Section 15, if a depicted individual is identifiable to a reasonable person and suffers harm from the intentional dissemination or threatened dissemination by a person over the age of 18 of a private or intentionally digitally altered sexual image without the depicted individual's consent, the depicted individual has a cause of action against the person if the person knew or recklessly disregarded the possibility that: (1) the depicted individual did not consent to the dissemination;(2) the image was a private or intentionally digitally altered sexual image; and(3) the depicted individual was identifiable.(b) The following conduct by a depicted individual does not establish by itself that the individual consented to the nonconsensual dissemination of a private sexual image that is the subject of an action under this Act or that the individual lacked a reasonable expectation of privacy: (1) consent to creation of the image; or(2) previous consensual disclosure of the image.(c) In the case of digitally altered sexual images, disclosing that the images were digitally altered shall not be a defense to liability. Amended by P.A. 103-0294,§ 5, eff. 1/1/2024.Added by P.A. 101-0556,§ 10, eff. 1/1/2020.