Short title
Short title. This Act may be cited as the Removal of Private Compromising Images Act. (Source: P.A. 101-385, eff. 1-1-20.)
Illinois · statute · 735 ILCS 115 · 7 active provisions
Short title. This Act may be cited as the Removal of Private Compromising Images Act. (Source: P.A. 101-385, eff. 1-1-20.)
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.)
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…
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 tak…
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…
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.)
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.)