Illinois General Assembly - Illinois Compiled Statutes

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740 ILCS 190/10

    (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 or intentionally digitally altered sexual image without the depicted individual's consent, the depicted individual has a cause of action against the person if the person knew or recklessly disregarded the possibility that:

(1) the depicted individual did not consent to the

dissemination;

(2) the image was a private or intentionally

digitally altered sexual image; and

(3) the depicted individual was identifiable.

(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:

(1) consent to creation of the image; or

(2) previous consensual disclosure of the image.

(c) In the case of digitally altered sexual images, disclosing that the images were digitally altered shall not be a defense to liability.

(Source: P.A. 103-294, eff. 1-1-24.)