Public Act 103-0571
SB0382 EnrolledLRB103 02790 LNS 47796 b SB0382 Enrolled LRB103 02790 LNS 47796 b
SB0382 Enrolled LRB103 02790 LNS 47796 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Civil Remedies for Nonconsensual
Dissemination of Private Sexual Images Act is amended by
changing Sections 5 and 15 as follows:
(740 ILCS 190/5)
(Text of Section before amendment by P.A. 103-294)
Sec. 5. 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 body
is shown, in whole or in part, in a private sexual image.
(4) "Dissemination" or "disseminate" means publication or
distribution to another person with intent to disclose.
(5) "Harm" means physical harm, economic harm, or
emotional distress whether or not accompanied by physical or
economic harm.
(6) "Identifiable" means recognizable by a person other
than the depicted individual:
SB0382 Enrolled LRB103 02790 LNS 47796 b
(A) from a private sexual image itself; or
(B) from a private sexual image and identifying
characteristic displayed in connection with the image.
(7) "Identifying characteristic" means information that
may be used to identify a depicted individual.
(8) "Individual" means a human being.
(9) "Parent" means an individual recognized as a parent
under laws of this State.
(10) "Private" means:
(A) created or obtained under circumstances in which a
depicted individual had a reasonable expectation of
privacy; or
(B) made accessible through theft, bribery, extortion,
fraud, voyeurism, or exceeding authorized access to an
account, message, file, device, resource, or property.
(11) "Person" means an individual, business or nonprofit
entity, public corporation, government or governmental
subdivision, agency, or other legal entity.
(12) "Sexual conduct" includes:
(A) masturbation;
(B) genital sex, anal sex, oral sex, or sexual
activity; or
(C) sexual penetration of or with an object.
(13) "Sexual activity" means any:
(A) knowing touching or fondling by the depicted
individual or another person, either directly or through
clothing, of the sex organs, anus, or breast of the
depicted individual or another person for the purpose of
sexual gratification or arousal;
(B) transfer or transmission of semen upon any part of
the clothed or unclothed body of the depicted individual,
for the purpose of sexual gratification or arousal of the
depicted individual or another person;
(C) act of urination within a sexual context;
(D) bondage, fetish, sadism, or masochism;
(E) sadomasochistic abuse in any sexual context; or
(F) animal-related sexual activity.
(14) "Sexual image" means a photograph, film, videotape,
digital recording, or other similar medium that shows:
(A) the fully unclothed, partially unclothed, or
transparently clothed genitals, pubic area, anus, or
female post-pubescent nipple, partially or fully exposed,
of a depicted individual; or
(B) a depicted individual engaging in or being
subjected to sexual conduct or activity.
(Source: P.A. 101-556, eff. 1-1-20.)
(Text of Section after amendment by P.A. 103-294)
Sec. 5. 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, in whole or in part, in a private sexual
image or digitally altered sexual image.
(3.5) "Digitally altered sexual image" means any visual
media, including any photograph, film, videotape digital
recording, or other similar medium, that is created or
substantially altered so that it would falsely appear to a
reasonable person to be an authentic depiction of the
appearance or conduct, or the absence of the appearance or
conduct, of an individual depicted in the media.
(4) "Dissemination" or "disseminate" means publication or
distribution to another person with intent to disclose.
(5) "Harm" means physical harm, economic harm, or
emotional distress whether or not accompanied by physical or
economic harm.
(6) "Identifiable" means recognizable by a person other
than the depicted individual:
(A) from a private sexual image itself; or
(B) from a private sexual image and identifying
characteristic displayed in connection with the image.
(7) "Identifying characteristic" means information that
may be used to identify a depicted individual.
(8) "Individual" means a human being.
(9) "Parent" means an individual recognized as a parent
under laws of this State.
(10) "Private" means:
(A) created or obtained under circumstances in which a
depicted individual had a reasonable expectation of
privacy; or
(B) made accessible through theft, bribery, extortion,
fraud, voyeurism, or exceeding authorized access to an
account, message, file, device, resource, or property.
(11) "Person" means an individual, business or nonprofit
entity, public corporation, government or governmental
subdivision, agency, or other legal entity.
(12) "Sexual conduct" includes:
(A) masturbation;
(B) genital sex, anal sex, oral sex, or sexual
activity; or
(C) sexual penetration of or with an object.
(13) "Sexual activity" means any:
(A) knowing touching or fondling by the depicted
individual or another person, either directly or through
clothing, of the sex organs, anus, or breast of the
depicted individual or another person for the purpose of
sexual gratification or arousal;
(B) transfer or transmission of semen upon any part of
the clothed or unclothed body of the depicted individual,
for the purpose of sexual gratification or arousal of the
depicted individual or another person;
(C) act of urination within a sexual context;
(D) bondage, fetish, sadism, or masochism;
(E) sadomasochistic abuse in any sexual context; or
(F) animal-related sexual activity.
(14) "Sexual image" means a photograph, film, videotape,
digital recording, or other similar medium that shows or
falsely appears to show:
(A) the fully unclothed, partially unclothed, or
transparently clothed genitals, pubic area, anus, or
female post-pubescent nipple, partially or fully exposed,
of a depicted individual; or
(B) a depicted individual engaging in or being
subjected to sexual conduct or activity.
(Source: P.A. 103-294, eff. 1-1-24.)
(740 ILCS 190/15)
(Text of Section before amendment by P.A. 103-294)
Sec. 15. 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 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.
(Source: P.A. 101-556, eff. 1-1-20.)
(Text of Section after amendment by P.A. 103-294)
Sec. 15. 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;
(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.
(Source: P.A. 103-294, eff. 1-1-24.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.