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CIVIL PROCEDURE
(735 ILCS 115/) Removal of Private Compromising Images Act.

735 ILCS 115/1

    (735 ILCS 115/1)
    Sec. 1. Short title. This Act may be cited as the Removal of Private Compromising Images Act.
(Source: P.A. 101-385, eff. 1-1-20.)

735 ILCS 115/5

    (735 ILCS 115/5)
    Sec. 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.
(Source: P.A. 101-385, eff. 1-1-20.)

735 ILCS 115/10

    (735 ILCS 115/10)
    Sec. 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.
(Source: P.A. 101-385, eff. 1-1-20.)

735 ILCS 115/15

    (735 ILCS 115/15)
    Sec. 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.
(Source: P.A. 101-385, eff. 1-1-20.)

735 ILCS 115/20

    (735 ILCS 115/20)
    Sec. 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.
(Source: P.A. 101-385, eff. 1-1-20.)

735 ILCS 115/25

    (735 ILCS 115/25)
    Sec. 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.
(Source: P.A. 101-385, eff. 1-1-20.)

735 ILCS 115/30

    (735 ILCS 115/30)
    Sec. 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.
(Source: P.A. 101-385, eff. 1-1-20.)