Removal of Private Compromising Images Act.

  1. Law
  2. Illinois Compiled Statutes
  3. CIVIL PROCEDURE
  4. Removal of Private Compromising Images Act.

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(735 ILCS 115/1)

Sec. 1. Short title. This Act may be cited as the Removal of Private Compromising Images Act.

(Source: P.A. 101-385, eff. 1-1-20.)

 

(735 ILCS 115/5)

Sec. 5. 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.)

 

(735 ILCS 115/10)

Sec. 10. 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 or information displayed in connection with the image; and
    • (C) whose intimate parts are exposed, in whole or in part;
  • (2) obtains the image under circumstances in which a reasonable person would know or understand that the image was taken without the person's knowledge or consent; and
  • (3) knows or should have known that the person in the image has not consented to the dissemination; or
  • (4) owns or operates a website on which the posting of private compromising images is allowed or not removed upon discovery of such images being posted.

(Source: P.A. 101-385, eff. 1-1-20.)

 

(735 ILCS 115/15)

Sec. 15. 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 take-down order and the defendant shall immediately delete or remove the private compromising image from the website.

(Source: P.A. 101-385, eff. 1-1-20.)

 

(735 ILCS 115/20)

Sec. 20. 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: P.A. 101-385, eff. 1-1-20.)

 

(735 ILCS 115/25)

Sec. 25. 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.)

 

(735 ILCS 115/30)

Sec. 30. 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.)


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