Illinois Compiled Statutes 740 ILCS 190/10 – Civil action
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(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
(1) the depicted individual did not consent to the
dissemination;
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(2) the image was a private or intentionally
digitally altered sexual image; and
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(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.
Terms Used In Illinois Compiled Statutes 740 ILCS 190/10
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
(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.