Illinois General Assembly - Illinois Compiled Statutes

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740 ILCS 190/5

    (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 face or body is shown, in whole or in part, in a private sexual image or digitally altered sexual image.

(3.5) "Digitally altered sexual image" means any visual media, including any photograph, film, videotape digital recording, or other similar medium, that is created or substantially altered so that it would falsely appear to a reasonable person to be an authentic depiction of the appearance or conduct, or the absence of the appearance or conduct, of an individual depicted in the media.

(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:
        (A) from a private sexual image itself; or
        (B) from a private sexual image and identifying

characteristic displayed in connection with the image.

    (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:
        (A) created or obtained under circumstances in which

a depicted individual had a reasonable expectation of privacy; or

(B) made accessible through theft, bribery,

extortion, fraud, voyeurism, or exceeding authorized access to an account, message, file, device, resource, or property.

(11) "Person" means an individual, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or other legal entity.

    (12) "Sexual conduct" includes:
        (A) masturbation;
        (B) genital sex, anal sex, oral sex, or sexual

activity; or

        (C) sexual penetration of or with an object.
    (13) "Sexual activity" means any:
        (A) knowing touching or fondling by the depicted

individual or another person, either directly or through clothing, of the sex organs, anus, or breast of the depicted individual or another person for the purpose of sexual gratification or arousal;

(B) transfer or transmission of semen upon any part

of the clothed or unclothed body of the depicted individual, for the purpose of sexual gratification or arousal of the depicted individual or another person;

        (C) act of urination within a sexual context;
        (D) bondage, fetish, sadism, or masochism;
        (E) sadomasochistic abuse in any sexual context; or
        (F) animal-related sexual activity.

(14) "Sexual image" means a photograph, film, videotape, digital recording, or other similar medium that shows or falsely appears to show:

(A) the fully unclothed, partially unclothed, or

transparently clothed genitals, pubic area, anus, or female post-pubescent nipple, partially or fully exposed, of a depicted individual; or

(B) a depicted individual engaging in or being

subjected to sexual conduct or activity.

(Source: P.A. 103-294, eff. 1-1-24; 103-571, eff. 12-8-23.)