Illinois General Assembly - Full Text of HB2408
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Full Text of HB2408  101st General Assembly




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1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Removal of Private Compromising Images Act.
6    Section 5. Definitions. As used in this Act:
7    "Image" has the meaning provided in subsection (a) of
8Section 11-23.5 of the Criminal Code of 2012.
9    "Intimate parts" has the meaning provided in subsection (a)
10of Section 11-23.5 of the Criminal Code of 2012.
11    Section 10. Posting of private compromising images. A
12person shall not post a private compromising image of another
13person online. A person posts a private compromising image when
14he or she:
15    (1) intentionally disseminates an image of another person:
16        (A) who is at least 18 years of age;
17        (B) who is identifiable from the image itself or
18    information displayed in connection with the image; and
19        (C) whose intimate parts are exposed, in whole or in
20    part;
21    (2) obtains the image under circumstances in which a
22reasonable person would know or understand that the image was



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1taken without the person's knowledge or consent; and
2    (3) knows or should have known that the person in the image
3has not consented to the dissemination; or
4    (4) owns or operates a website on which the posting of
5private compromising images is allowed or not removed upon
6discovery of such images being posted.
7    Section 15. Take-down order.
8    (a) A person may file a petition for a take-down order if
9the person discovers that a private compromising image of
10himself or herself is posted online.
11    (b) If, at the hearing for a take-down order, the court
12finds that the defendant posted a private compromising image,
13then the court shall enter a take-down order and the defendant
14shall immediately delete or remove the private compromising
15image from the website.
16    Section 20. Emergency take-down order. Upon the return of
17service date, if the plaintiff presents prima facie evidence
18that the image at issue is a private compromising image of the
19plaintiff, then the court shall enter an emergency take-down
20order, without a hearing, to have the image removed from the
21website immediately.
22    Section 25. Damages. A person who is found to have posted a
23private compromising image of another person by a court shall



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1be liable for damages. The amount of damages shall be at the
2discretion of the court.
3    Section 30. Liability. Nothing in this Act shall be
4construed to impose liability on an interactive computer
5service, as defined in 47 U.S.C. 230(f)(2), for content
6provided by another person.