Sec. 10. Civil action.

188 words·~1 min read·/il/chapter-740/act-190/10

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 dissemination;

(2)the image was a private or intentionally digitally altered sexual image; and

(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.