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| 1 | AN ACT concerning civil law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Removal of Private Compromising Images Act. | ||||||
| 6 | Section 5. Definitions. As used in this Act: | ||||||
| 7 | "Image" has the meaning provided in subsection (a) of | ||||||
| 8 | Section 11-23.5 of the Criminal Code of 2012. | ||||||
| 9 | "Intimate parts" has the meaning provided in subsection (a) | ||||||
| 10 | of Section 11-23.5 of the Criminal Code of 2012. | ||||||
| 11 | Section 10. Posting of private compromising images. A | ||||||
| 12 | person shall not post a private compromising image of another | ||||||
| 13 | person online. A person posts a private compromising image when | ||||||
| 14 | he or she: | ||||||
| 15 | (1) intentionally disseminates an image of another person: | ||||||
| 16 | (A) who is at least 18 years of age; | ||||||
| 17 | (B) who is identifiable from the image itself or | ||||||
| 18 | information displayed in connection with the image; and | ||||||
| 19 | (C) whose intimate parts are exposed, in whole or in | ||||||
| 20 | part; | ||||||
| 21 | (2) obtains the image under circumstances in which a | ||||||
| 22 | reasonable person would know or understand that the image was | ||||||
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| 1 | taken without the person's knowledge or consent; and | ||||||
| 2 | (3) knows or should have known that the person in the image | ||||||
| 3 | has not consented to the dissemination; or | ||||||
| 4 | (4) owns or operates a website on which the posting of | ||||||
| 5 | private compromising images is allowed or not removed upon | ||||||
| 6 | discovery of such images being posted. | ||||||
| 7 | Section 15. Take-down order. | ||||||
| 8 | (a) A person may file a petition for a take-down order if | ||||||
| 9 | the person discovers that a private compromising image of | ||||||
| 10 | himself or herself is posted online. | ||||||
| 11 | (b) If, at the hearing for a take-down order, the court | ||||||
| 12 | finds that the defendant posted a private compromising image, | ||||||
| 13 | then the court shall enter a take-down order and the defendant | ||||||
| 14 | shall immediately delete or remove the private compromising | ||||||
| 15 | image from the website. | ||||||
| 16 | Section 20. Emergency take-down order. Upon the return of | ||||||
| 17 | service date, if the plaintiff presents prima facie evidence | ||||||
| 18 | that the image at issue is a private compromising image of the | ||||||
| 19 | plaintiff, then the court shall enter an emergency take-down | ||||||
| 20 | order, without a hearing, to have the image removed from the | ||||||
| 21 | website immediately. | ||||||
| 22 | Section 25. Damages. A person who is found to have posted a | ||||||
| 23 | private compromising image of another person by a court shall | ||||||
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| 1 | be liable for damages. The amount of damages shall be at the | ||||||
| 2 | discretion of the court.
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| 3 | Section 30. Liability. Nothing in this Act shall be | ||||||
| 4 | construed to impose liability on an interactive computer | ||||||
| 5 | service, as defined in 47 U.S.C. 230(f)(2), for content | ||||||
| 6 | provided by another person.
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