Illinois § 15

§ 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; 103-571, eff. 12-8-23.)