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720 ILCS 5/11-1.80
(720 ILCS 5/11-1.80) (was 720 ILCS 5/12-18.1)
Sec. 11-1.80. Civil Liability. (a) If any person has been convicted of
any offense defined in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of this Act,
a victim of such offense has a cause of action for damages against any
person or entity who, by the manufacture, production, or wholesale
distribution of any obscene material which was possessed or viewed by the
person convicted of the offense, proximately caused such person, through his
or her reading or viewing of the obscene material, to commit the violation
of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16. No victim may recover in any
such action unless he or she proves by a preponderance of the evidence
that: (1) the reading or viewing of the specific obscene material
manufactured, produced, or distributed wholesale by the defendant
proximately caused the person convicted of the violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-14.1, 12-15, or 12-16 to commit such violation and (2) the defendant knew
or had reason to know that the manufacture, production, or wholesale
distribution of such material was likely to cause a violation of an offense substantially
of the type enumerated.
(b) The manufacturer, producer or wholesale distributor shall be liable
to the victim for:
(1) actual damages incurred by the victim, including | |
(2) court costs and reasonable attorneys fees;
(3) infliction of emotional distress;
(4) pain and suffering; and
(5) loss of consortium.
(c) Every action under this Section shall be commenced within 3 years
after the conviction of the defendant for a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-15 or 12-16 of this Code. However, if the victim was under the
age of 18 years at the time of the conviction of the defendant for a
violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code, an action
under this Section shall be commenced within 3 years after the victim
attains the age of 18 years.
(d) For the purposes of this Section:
(1) "obscene" has the meaning ascribed to it in
| | subsection (b) of Section 11-20 of this Code;
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(2) "wholesale distributor" means any individual,
| | partnership, corporation, association, or other legal entity which stands between the manufacturer and the retail seller in purchases, consignments, contracts for sale or rental of the obscene material;
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(3) "producer" means any individual, partnership,
| | corporation, association, or other legal entity which finances or supervises, to any extent, the production or making of obscene material;
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(4) "manufacturer" means any individual, partnership,
| | corporation, association, or other legal entity which manufacturers, assembles or produces obscene material.
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(Source: P.A. 96-1551, Article 2, Section 5, eff. 7-1-11; 96-1551, Article 2, Section 1035, eff. 7-1-11; 97-1109, eff. 1-1-13.)
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