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Current as of January 01, 2025 | Updated by Findlaw Staff
§ 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.
Cite this article: FindLaw.com - Illinois Statutes Chapter 740. Civil Liabilities § 190/15. Exceptions to liability - last updated January 01, 2025 | https://codes.findlaw.com/il/chapter-740-civil-liabilities/il-st-sect-740-190-15/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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