101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2408

 

Introduced , by Rep. Avery Bourne

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Removal of Private Compromising Images Act. Defines terms. Provides that a person shall not post a private compromising image of another person online. Provides that a person may file a petition for a take-down order if the person discovers that a private compromising image of himself or herself is posted online. Provides that if the court finds that the defendant posted a private compromising image, then the court shall enter a take-down order and the defendant shall immediately delete or remove the private compromising image from the website. Provides that upon the return of service date, if the plaintiff presents prima facie evidence that the image at issue is a private compromising image of the plaintiff, then the court shall enter an emergency take-down order without a hearing to have the image removed from the website immediately. Provides that a person who is found to have posted a private compromising image of another person by a court shall be liable for damages. Provides that the amount of damages shall be at the discretion of the court.


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A BILL FOR

 

HB2408LRB101 09341 LNS 54437 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Removal of Private Compromising Images Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Image" has the meaning provided in subsection (a) of
8Section 11-23.5 of the Criminal Code of 2012.
9    "Intimate parts" has the meaning provided in subsection (a)
10of Section 11-23.5 of the Criminal Code of 2012.
 
11    Section 10. Posting of private compromising images. A
12person shall not post a private compromising image of another
13person online. A person posts a private compromising image when
14he 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
22reasonable person would know or understand that the image was

 

 

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1taken without the person's knowledge or consent; and
2    (3) knows or should have known that the person in the image
3has not consented to the dissemination; or
4    (4) owns or operates a website on which the posting of
5private compromising images is allowed or not removed upon
6discovery 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
9the person discovers that a private compromising image of
10himself or herself is posted online.
11    (b) If, at the hearing for a take-down order, the court
12finds that the defendant posted a private compromising image,
13then the court shall enter a take-down order and the defendant
14shall immediately delete or remove the private compromising
15image from the website.
 
16    Section 20. Emergency take-down order. Upon the return of
17service date, if the plaintiff presents prima facie evidence
18that the image at issue is a private compromising image of the
19plaintiff, then the court shall enter an emergency take-down
20order, without a hearing, to have the image removed from the
21website immediately.
 
22    Section 25. Damages. A person who is found to have posted a
23private compromising image of another person by a court shall

 

 

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1be liable for damages. The amount of damages shall be at the
2discretion of the court.