Illinois Compiled Statutes
Chapter 740 - CIVIL LIABILITIES
740 ILCS 190/ - Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act.

(740 ILCS 190/1)
Sec. 1. Short title. This Act may be cited as the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act.

(Source: P.A. 101-556, eff. 1-1-20.)
 
(740 ILCS 190/5)
Sec. 5. Definitions. As used in this Act:
(1) "Child" means an unemancipated individual who is less than 18 years of age.
(2) "Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization.
(3) "Depicted individual" means an individual whose body is shown, in whole or in part, in a private sexual image.
(4) "Dissemination" or "disseminate" means publication or distribution to another person with intent to disclose.
(5) "Harm" means physical harm, economic harm, or emotional distress whether or not accompanied by physical or economic harm.
(6) "Identifiable" means recognizable by a person other than the depicted individual:
(7) "Identifying characteristic" means information that may be used to identify a depicted individual.
(8) "Individual" means a human being.
(9) "Parent" means an individual recognized as a parent under laws of this State.
(10) "Private" means:
(11) "Person" means an individual, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or other legal entity.
(12) "Sexual conduct" includes:
(13) "Sexual activity" means any:
(14) "Sexual image" means a photograph, film, videotape, digital recording, or other similar medium that shows:
(Source: P.A. 101-556, eff. 1-1-20.)
 
(740 ILCS 190/10)
Sec. 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 sexual image without the depicted individual's consent, the depicted individual has a cause of action against the person if the person knew:
(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:
(c) Nothing in this Act shall be construed to impose liability on an interactive computer service, as defined in 47 U.S.C. 230(f)(2), for content provided by another person.

(Source: P.A. 101-556, eff. 1-1-20.)
 
(740 ILCS 190/15)
Sec. 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 was:
(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:
(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.

(Source: P.A. 101-556, eff. 1-1-20.)
 
(740 ILCS 190/20)
Sec. 20. Privacy of parties.
(a) In an action under this Act:
(b) A plaintiff to whom paragraph (2) of subsection (a) applies shall file with the court and serve on the defendant a confidential information form that includes the excluded or redacted plaintiff's name and other identifying characteristics.
(c) The court may make further orders as necessary to protect the identity and privacy of a plaintiff.
(d) If a plaintiff is granted privacy protections under this Section, a defendant may file a motion with the court to receive the same privacy protections. The court may deny or grant the motion at its discretion.

(Source: P.A. 101-556, eff. 1-1-20.)
 
(740 ILCS 190/25)
Sec. 25. Remedies.
(a) In an action under this Act, a prevailing plaintiff may recover:
(b) In an action under this Act, the court may award a prevailing plaintiff:
(c) This Act does not affect a right or remedy available under any other law of this State.

(Source: P.A. 101-556, eff. 1-1-20.)
 
(740 ILCS 190/30)
Sec. 30. Statute of limitations.
(a) An action under subsection (b) of Section 10 for:
(b) Except as otherwise provided in subsection (c), this Section is subject to the tolling statutes of this State.
(c) In an action under subsection (a) of Section 10 by a depicted individual who was a minor on the date of the dissemination or threat to disseminate, the time specified in subsection (a) of this Section does not begin to run until the depicted individual attains the age of majority.

(Source: P.A. 101-556, eff. 1-1-20.)
 
(740 ILCS 190/35)
Sec. 35. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end, the provisions of this Act are severable.

(Source: P.A. 101-556, eff. 1-1-20.)

Structure Illinois Compiled Statutes