Illinois Compiled Statutes 740 ILCS 190/15 – Exceptions to liability
Current as of: 2024 | Check for updates
|
Other versions
(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
(1) made in good faith:
Terms Used In Illinois Compiled Statutes 740 ILCS 190/15
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- Plaintiff: The person who files the complaint in a civil lawsuit.
(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
(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.