Public Act 103-0571
 
SB0382 EnrolledLRB103 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:
        (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.
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.