Full Text of HB2123 103rd General Assembly
HB2123sam001 103RD GENERAL ASSEMBLY | Sen. Mary Edly-Allen Filed: 4/20/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2123
| 2 | | AMENDMENT NO. ______. Amend House Bill 2123 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Civil Remedies for Nonconsensual | 5 | | Dissemination of Private Sexual Images Act is amended by | 6 | | changing Sections 5, 10, 15, and 25 as follows: | 7 | | (740 ILCS 190/5)
| 8 | | Sec. 5. Definitions. As used in this Act: | 9 | | (1) "Child" means an unemancipated individual who is less | 10 | | than 18 years of age. | 11 | | (2) "Consent" means affirmative, conscious, and voluntary | 12 | | authorization by an individual with legal capacity to give | 13 | | authorization. | 14 | | (3) "Depicted individual" means an individual whose body | 15 | | is shown, in whole or in part, in a private sexual image. | 16 | | (4) "Dissemination" or "disseminate" means publication or |
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| 1 | | distribution to another person with intent to disclose. | 2 | | (5) "Harm" means physical harm, economic harm, or | 3 | | emotional distress whether or not accompanied by physical or | 4 | | economic harm. | 5 | | (6) "Identifiable" means recognizable by a person other | 6 | | than the depicted individual: | 7 | | (A) from a private sexual image itself; or | 8 | | (B) from a private sexual image and identifying | 9 | | characteristic displayed in connection with the image. | 10 | | (7) "Identifying characteristic" means information that | 11 | | may be used to identify a depicted individual. | 12 | | (8) "Individual" means a human being. | 13 | | (9) "Parent" means an individual recognized as a parent | 14 | | under laws of this State. | 15 | | (10) "Private" means: | 16 | | (A) created or obtained under circumstances in which a | 17 | | depicted individual had a reasonable expectation of | 18 | | privacy; or | 19 | | (B) made accessible through theft, bribery, extortion, | 20 | | fraud, voyeurism, or exceeding authorized access to an | 21 | | account, message, file, device, resource, or property. | 22 | | (11) "Person" means an individual, business or nonprofit | 23 | | entity, public corporation, government or governmental | 24 | | subdivision, agency, or other legal entity. | 25 | | (12) "Sexual conduct" includes: | 26 | | (A) masturbation; |
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| 1 | | (B) genital sex, anal sex, oral sex, or sexual | 2 | | activity; or | 3 | | (C) sexual penetration of or with an object. | 4 | | (13) "Sexual activity" means any: | 5 | | (A) knowing touching or fondling by the depicted | 6 | | individual or another person, either directly or through | 7 | | clothing, of the sex organs, anus, or breast of the | 8 | | depicted individual or another person for the purpose of | 9 | | sexual gratification or arousal; | 10 | | (B) transfer or transmission of semen upon any part of | 11 | | the clothed or unclothed body of the depicted individual, | 12 | | for the purpose of sexual gratification or arousal of the | 13 | | depicted individual or another person; | 14 | | (C) act of urination within a sexual context; | 15 | | (D) bondage, fetish, sadism, or masochism; | 16 | | (E) sadomasochistic abuse in any sexual context; or | 17 | | (F) animal-related sexual activity. | 18 | | (14) "Sexual image" means a photograph, film, videotape, | 19 | | digital recording, or other similar medium that shows or | 20 | | falsely appears to show : | 21 | | (A) the fully unclothed, partially unclothed, or | 22 | | transparently clothed genitals, pubic area, anus, or | 23 | | female post-pubescent nipple, partially or fully exposed, | 24 | | of a depicted individual; or | 25 | | (B) a depicted individual engaging in or being | 26 | | subjected to sexual conduct or activity.
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| 1 | | (Source: P.A. 101-556, eff. 1-1-20 .) | 2 | | (740 ILCS 190/10)
| 3 | | Sec. 10. Civil action. | 4 | | (a) Except as otherwise provided in Section 15, if a | 5 | | depicted individual is identifiable to a reasonable person and | 6 | | suffers harm from the intentional dissemination or threatened | 7 | | dissemination by a person over the age of 18 of a private or | 8 | | intentionally digitally altered sexual image without the | 9 | | depicted individual's consent, the depicted individual has a | 10 | | cause of action against the person if the person knew or | 11 | | recklessly disregarded the possibility that : | 12 | | (1) the depicted individual did not consent to the | 13 | | dissemination;
| 14 | | (2) the image was a private or intentionally digitally | 15 | | altered sexual image; and
| 16 | | (3) the depicted individual was identifiable.
| 17 | | (b) The following conduct by a depicted individual does | 18 | | not establish by itself that the individual consented to the | 19 | | nonconsensual dissemination of a private sexual image that is | 20 | | the subject of an action under this Act or that the individual | 21 | | lacked a reasonable expectation of privacy:
| 22 | | (1) consent to creation of the image; or
| 23 | | (2) previous consensual disclosure of the image.
| 24 | | (c) In the case of digitally altered sexual images, | 25 | | disclosing that the images were digitally altered shall not be |
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| 1 | | a defense to liability. Nothing in this Act shall be construed | 2 | | to impose liability on an interactive computer service, as | 3 | | defined in 47 U.S.C. 230(f)(2), for content provided by | 4 | | another person.
| 5 | | (Source: P.A. 101-556, eff. 1-1-20 .) | 6 | | (740 ILCS 190/15)
| 7 | | Sec. 15. Exceptions to liability. | 8 | | (a) A person is not liable under this Act if the person | 9 | | proves that the dissemination of or a threat to disseminate a | 10 | | private sexual image was: | 11 | | (1) made in good faith: | 12 | | (A) by law enforcement; | 13 | | (B) in a legal proceeding; or | 14 | | (C) for medical education or treatment; | 15 | | (2) made in good faith in the reporting or | 16 | | investigation of: | 17 | | (A) unlawful conduct; or | 18 | | (B) unsolicited and unwelcome conduct; or | 19 | | (3) related to a matter of public concern. | 20 | | (b) Subject to subsection (c), a defendant who is a | 21 | | parent, legal guardian, or individual with legal custody of a | 22 | | child is not liable under this Act for a dissemination or | 23 | | threatened dissemination of an intimate private sexual image | 24 | | of the child. | 25 | | (c) If a defendant asserts an exception to liability under |
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| 1 | | subsection (b), the exception does not apply if the plaintiff | 2 | | proves the disclosure was: | 3 | | (1) prohibited by a law other than this Act; or | 4 | | (2) made for the purpose of sexual arousal, sexual | 5 | | gratification, humiliation, degradation, or monetary or | 6 | | commercial gain. | 7 | | (d) The dissemination of or a threat to disseminate a | 8 | | private sexual image is not a matter of public concern solely | 9 | | because the depicted individual is a public figure or the | 10 | | image is accompanied by a political message .
| 11 | | (Source: P.A. 101-556, eff. 1-1-20 .) | 12 | | (740 ILCS 190/25)
| 13 | | Sec. 25. Remedies. | 14 | | (a) In an action under this Act, a prevailing plaintiff | 15 | | may recover: | 16 | | (1) the greater of: | 17 | | (A) economic and noneconomic damages proximately | 18 | | caused by the defendant's dissemination or threatened | 19 | | dissemination, including damages for emotional | 20 | | distress whether or not accompanied by other damages; | 21 | | or | 22 | | (B) statutory damages, not to exceed $10,000, | 23 | | against each defendant found liable under this Act for | 24 | | all disseminations and threatened disseminations by | 25 | | the defendant of which the plaintiff knew or |
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| 1 | | reasonably should have known when filing the action or | 2 | | that became known during the pendency of the action. | 3 | | In determining the amount of statutory damages under | 4 | | this subsection, consideration shall be given to the | 5 | | age of the parties at the time of the disseminations or | 6 | | threatened disseminations, the number of | 7 | | disseminations or threatened disseminations made by | 8 | | the defendant, the breadth of distribution of the | 9 | | image by the defendant, and other exacerbating or | 10 | | mitigating factors; | 11 | | (2) an amount equal to any monetary gain made by the | 12 | | defendant from dissemination of the private sexual image; | 13 | | and | 14 | | (3) punitive damages. | 15 | | (b) In an action under this Act, the court may award a | 16 | | prevailing plaintiff: | 17 | | (1) reasonable attorney's fees and costs; and | 18 | | (2) additional relief, including equitable injunctive | 19 | | relief such as a temporary restraining order, preliminary | 20 | | injunction, or permanent injunction ordering the defendant | 21 | | to cease the display or disclosure of the image . | 22 | | (c) This Act does not affect a right or remedy available | 23 | | under any other law of this State.
| 24 | | (Source: P.A. 101-556, eff. 1-1-20 .)".
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