Current through Public Act 103-1052
Section 740 ILCS 190/15 - Exceptions to liability(a) A person is not liable under this Act if the person proves that the dissemination of or a threat to disseminate a private sexual image or digitally altered sexual image was: (1) made in good faith: (B) in a legal proceeding; or (C) for medical education or treatment; (2) made in good faith in the reporting or investigation of: (B) unsolicited and unwelcome conduct; or (3) related to a matter of public concern. (b) Subject to subsection (c), a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this Act for a dissemination or threatened dissemination of an intimate private sexual image of the child. (c) If a defendant asserts an exception to liability under subsection (b), the exception does not apply if the plaintiff proves the disclosure was: (1) prohibited by a law other than this Act; or (2) made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain. (d) The dissemination of or a threat to disseminate a private sexual image is not a matter of public concern solely because the depicted individual is a public figure or the image is accompanied by a political message. Amended by P.A. 103-0571,§ 5, eff. 12/8/2023.Amended by P.A. 103-0294,§ 5, eff. 1/1/2024.Added by P.A. 101-0556,§ 15, eff. 1/1/2020.