Illinois § 10

§ 10.

Civil action. (a) Except as otherwise provided in Section 15, if a depicted individual is identifiable to a reasonable person and suffers harm from the intentional dissemination or threatened dissemination by a person over the age of 18 of a private or intentionally digitally altered sexual image without the depicted individual's consent, the depicted individual has a cause of action against the person if the person knew or recklessly disregarded the possibility that: (1) the depicted individual did not consent to the dissemination; (2) the image was a private or intentionally digitally altered sexual image; and (3) the depicted individual was identifiable. (b) The following conduct by a depicted individual does not establish by itself that the individual consented to the nonconsensual dissemination of a private sexual image that is the subject of an action under this Act or that the individual lacked a reasonable expectation of privacy: (1) consent to creation of the image; or (2) previous consensual disclosure of the image. (c) In the case of digitally altered sexual images, disclosing that the images were digitally altered shall not be a defense to liability. (Source: P.A. 103-294, eff. 1-1-24.)