Sec. 15. Exceptions to liability.

218 words·~1 min read·/il/chapter-740/act-190/15

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

(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;

(2)made in good faith in the reporting or investigation of:

(A)unlawful conduct; or

(B)unsolicited and unwelcome conduct; or

(3)related to a matter of public concern.

(b)Subject to subsection (c), a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this Act for a dissemination or threatened dissemination of an intimate private sexual image of the child.

(c)If a defendant asserts an exception to liability under subsection (b), the exception does not apply if the plaintiff proves the disclosure was:

(1)prohibited by a law other than this Act; or

(2)made for the purpose of sexual arousal, sexual gratification, humiliation,

degradation, or monetary or commercial gain.

(d)The dissemination of or a threat to disseminate a private sexual image is not a matter of public concern solely because the depicted individual is a public figure or the image is accompanied by a political message.