740 ILCS 190/1
Short title
Short title. This Act may be cited as the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. (Source: P.A. 101-556, eff. 1-1-20.)
Illinois Compiled Statutes 740 ILCS 190 — Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act.
Illinois · statute · 740 ILCS 190 · 8 active provisions
Provisions
740 ILCS 190/5
Definitions
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,…
740 ILCS 190/10
Civil action
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 i…
740 ILCS 190/15
Exceptions to liability
Exceptions to liability. (a) A person is not liable under this Act if the person proves that the dissemination of or a threat to disseminate a private sexual image or digitally altered sexual image was: (1) made in good faith: (A) by law enforcement; (B) in a legal proceeding; or (C) for medical education or treatment;…
740 ILCS 190/20
Privacy of parties
Privacy of parties. (a) In an action under this Act: (1) a plaintiff may proceed by using a pseudonym in place of the true name of the plaintiff under Section 2-401 of the Code of Civil Procedure; and (2) the court may exclude or redact from all pleadings and documents filed in the action other identifying characterist…
740 ILCS 190/25
Remedies
Remedies. (a) In an action under this Act, a prevailing plaintiff may recover: (1) the greater of: (A) economic and noneconomic damages proximately caused by the defendant's dissemination or threatened dissemination, including damages for emotional distress whether or not accompanied by other damages; or (B) statutory…
740 ILCS 190/30
Statute of limitations
Statute of limitations. (a) An action under subsection (b) of Section 10 for: (1) a nonconsensual dissemination may not be brought later than 2 years from the date the dissemination was discovered or should have been discovered with the exercise of reasonable diligence; and (2) a threat to disseminate may not be brough…
740 ILCS 190/35
Severability
Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end, the provisions of this Act are severable. (Sour…