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IL SB1507
Bill
AI Summary
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Creates a civil cause of action allowing individuals to sue anyone over age 18 who intentionally disseminates or threatens to disseminate private sexual images without consent, if the person knew the image was private, the individual did not consent, and the individual is identifiable.
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Defines "private sexual images" as photographs or videos showing exposed genitals, pubic area, anus, female nipples, or depicting sexual conduct or activity, created under reasonable expectation of privacy or obtained through theft, fraud, voyeurism, or unauthorized access.
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Establishes liability exceptions for good faith disseminations by law enforcement, in legal proceedings, for medical purposes, or in reporting unlawful conduct, and for matters of public concern; parents or guardians are exempt except when disclosure is for sexual arousal, gratification, humiliation, or commercial gain.
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Allows prevailing plaintiffs to recover the greater of actual damages or statutory damages up to $10,000 per defendant, plus any monetary gains made by the defendant, punitive damages, attorney's fees, and injunctive relief.
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Sets a 2-year statute of limitations from discovery of dissemination or date of threat; tolls the deadline until minors reach age of majority; permits plaintiffs to use pseudonyms and seek privacy protections in court proceedings.
Legislative Description
CIV PRO-DISSEMINATE PRIV IMAGE
Last Action
Public Act . . . . . . . . . 101-0556
8/23/2019