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Public Act 101-0385


 

Public Act 0385 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0385
 
HB2408 EnrolledLRB101 09341 LNS 54437 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Removal of Private Compromising Images Act.
 
    Section 5. Definitions. As used in this Act:
    "Image" has the meaning provided in subsection (a) of
Section 11-23.5 of the Criminal Code of 2012.
    "Intimate parts" has the meaning provided in subsection (a)
of Section 11-23.5 of the Criminal Code of 2012.
 
    Section 10. Posting of private compromising images. A
person shall not post a private compromising image of another
person online. A person posts a private compromising image when
he or she:
    (1) intentionally disseminates an image of another person:
        (A) who is at least 18 years of age;
        (B) who is identifiable from the image itself or
    information displayed in connection with the image; and
        (C) whose intimate parts are exposed, in whole or in
    part;
    (2) obtains the image under circumstances in which a
reasonable person would know or understand that the image was
taken without the person's knowledge or consent; and
    (3) knows or should have known that the person in the image
has not consented to the dissemination; or
    (4) owns or operates a website on which the posting of
private compromising images is allowed or not removed upon
discovery of such images being posted.
 
    Section 15. Take-down order.
    (a) A person may file a petition for a take-down order if
the person discovers that a private compromising image of
himself or herself is posted online.
    (b) If, at the hearing for a take-down order, the court
finds that the defendant posted a private compromising image,
then the court shall enter a take-down order and the defendant
shall immediately delete or remove the private compromising
image from the website.
 
    Section 20. Emergency take-down order. Upon the return of
service date, if the plaintiff presents prima facie evidence
that the image at issue is a private compromising image of the
plaintiff, then the court shall enter an emergency take-down
order, without a hearing, to have the image removed from the
website immediately.
 
    Section 25. Damages. A person who is found to have posted a
private compromising image of another person by a court shall
be liable for damages. The amount of damages shall be at the
discretion of the court.
 
    Section 30. Liability. 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.

Effective Date: 1/1/2020