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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL LIABILITIES
(740 ILCS 5/) Alienation of Affections Act.
740 ILCS 5/0.01
(740 ILCS 5/0.01) (from Ch. 40, par. 1900)
Sec. 0.01.
Short title.
This Act may be cited as the
Alienation of Affections Act.
(Source: P.A. 86‑1324.)
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740 ILCS 5/1
(740 ILCS 5/1) (from Ch. 40, par. 1901)
Sec. 1.
It is hereby declared, as a matter of legislative determination,
that the remedy heretofore provided by law for the enforcement of the
action for alienation of affections has been subjected to grave abuses and
has been used as an instrument for blackmail by unscrupulous persons for
their unjust enrichment, due to the indefiniteness of the damages
recoverable in such actions and the consequent fear of persons threatened
with such actions that exorbitant damages might be assessed against them.
It is also hereby declared that the award of monetary damages in such
actions is ineffective as a recompense for genuine mental or emotional
distress. Accordingly, it is hereby declared as the public policy of the
state that the best interests of the people of the state will be served by
limiting the damages recoverable in such actions and by leaving any
punishment of wrongdoers guilty of alienation of affections to proceedings
under the criminal laws of the state, rather than to the imposition of
punitive, exemplary, vindictive, or aggravated damages in actions for
alienation of affections. Consequently, in the public interest, the
necessity for the enactment of this chapter is hereby declared as a matter
of legislative determination.
(Source: Laws 1947, p. 796.)
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740 ILCS 5/2
(740 ILCS 5/2) (from Ch. 40, par. 1902)
Sec. 2.
The damages to be recovered in any action for alienation of
affections shall be limited to the actual damages sustained as a result of
the injury complained of.
(Source: Laws 1947, p. 796.)
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740 ILCS 5/3
(740 ILCS 5/3) (from Ch. 40, par. 1903)
Sec. 3.
No punitive, exemplary, vindictive or aggravated damages shall be
allowed in any action for alienation of affections.
(Source: Laws 1947, p. 796.)
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740 ILCS 5/4
(740 ILCS 5/4) (from Ch. 40, par. 1904)
Sec. 4.
In determining the damages to be allowed in any action for
alienation of affections, none of the following elements shall be
considered: the wealth or position of defendant or the defendant's
prospects of wealth or position; mental anguish suffered by plaintiff; any
injury to plaintiff's feelings; shame, humiliation, sorrow or mortification
suffered by plaintiff; defamation or injury to the good name or character
of plaintiff or his or her spouse resulting from the alienation of
affections complained of; or dishonor to plaintiff's family resulting from
the alienation of affections.
(Source: Laws 1947, p. 796.)
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740 ILCS 5/5
(740 ILCS 5/5) (from Ch. 40, par. 1905)
Sec. 5.
This act shall apply to all actions for alienation of affections
begun after the effective date of this act, even though the alleged
alienations of affections on which the action is based occurred prior to
such effective date.
(Source: Laws 1947, p. 796.)
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740 ILCS 5/6
(740 ILCS 5/6) (from Ch. 40, par. 1906)
Sec. 6.
Nothing herein contained shall be deemed to repeal or amend any
provisions of the criminal laws of this state.
(Source: Laws 1947, p. 796.)
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740 ILCS 5/7
(740 ILCS 5/7) (from Ch. 40, par. 1907)
Sec. 7.
This act shall be liberally construed to effectuate the objects
and purposes thereof and the public policy as herein declared. If any
section, clause, sentence, paragraph or part of this act shall for any
reason be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the section, clause, sentence,
paragraph or part thereof directly involved in the controversy in which
such judgment shall have been rendered. If the application of this act, or
any part thereof, to any person or circumstance shall be adjudged by such
court to be invalid or ineffectual for any reason, such judgment shall not
affect the application of this act, or part thereof, to any other person or
circumstance.
(Source: Laws 1947, p. 796.)
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