101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1507

 

Introduced 2/15/2019, by Sen. Melinda Bush

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. Defines terms. Provides that a depicted individual who is identifiable and who suffers harm from a person's intentional dissemination or threatened dissemination of a private sexual image without the depicted individual's consent has a cause of action under specified circumstances. Provides that a person is not liable under the Act if the person proves that the dissemination of, or a threat to disseminate, a private sexual image was made in good faith in certain cases. Provides that a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under the Act for a dissemination or threatened dissemination of intimate private sexual image of the child. Provides that the dissemination of, or a threat to disseminate, a private sexual image is not a matter of public concern or public interest solely because the depicted individual is a public figure. Provides that, in an action under the Act, a plaintiff may use a pseudonym or the court may exclude or redact the plaintiff's name and other identifying characteristics from all pleadings and documents filed. Provides remedies. Provides that an action for a nonconsensual dissemination may not be brought later than 4 years from the date the dissemination was discovered or should have been discovered with the exercise of reasonable diligence. Provides that for an action for a threat to disseminate may not be brought later than 4 years from the date of the threat to disseminate. Provides that an action brought depicting an individual who was a minor on the date of the dissemination or threat to disseminate, the 4-year limitation is tolled until the depicted individual attains the age of majority. Provides that if any provision of the Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application.


LRB101 09526 LNS 54624 b

 

 

A BILL FOR

 

SB1507LRB101 09526 LNS 54624 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 Civil
5Remedies for Nonconsensual Dissemination of Private Sexual
6Images Act.
 
7    Section 5. Definitions. As used in this Act:
8    (1) "Child" means an unemancipated individual who is less
9than 18 years of age.
10    (2) "Consent" means affirmative, conscious, and voluntary
11authorization by an individual with legal capacity to give
12authorization.
13    (3) "Depicted individual" means an individual whose body is
14shown, in whole or in part, in a private sexual image.
15    (4) "Dissemination" of "disseminate" means transfer,
16publication, or distribution to another person.
17    (5) "Harm" means physical harm, economic harm, or emotional
18distress whether or not accompanied by physical or economic
19harm.
20    (6) "Identifiable" means recognizable by a person other
21than the depicted individual:
22        (A) from a private sexual image itself; or
23        (B) from a private sexual image and identifying

 

 

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1    characteristic displayed in connection with the image.
2    (7) "Identifying characteristic" means information that
3may be used to identify a depicted individual.
4    (8) "Individual" means a human being.
5    (9) "Parent" means an individual recognized as a parent
6under laws of this State.
7    (10) "Private" means:
8        (A) created or obtained under circumstances in which a
9    depicted individual had a reasonable expectation of
10    privacy; or
11        (B) made accessible through theft, bribery, extortion,
12    fraud, false pretenses, voyeurism, or exceeding authorized
13    access to an account, message, file, device, resource, or
14    property.
15    (11) "Private sexual image" means a photograph, film,
16videotape, digital recording, or other similar medium that
17shows:
18        (A) the fully unclothed, partially unclothed, or
19    transparently clothed genitals, pubic area, anus, or
20    female post-pubescent nipple, partially or fully exposed,
21    of a depicted individual; or
22        (B) a depicted individual engaging in or being
23    subjected to sexual conduct or activity.
24    (12) "Person" means an individual, estate, business or
25nonprofit entity, public corporation, government or
26governmental subdivision, agency, instrumentality, or other

 

 

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1legal entity.
2    (13) "Sexual conduct" includes:
3        (A) masturbation;
4        (B) genital sex, anal sex, oral sex, or sexual
5    activity; or
6        (C) sexual penetration of or with an object.
7    (14) "Sexual activity" means any:
8        (A) knowing touching or fondling by the depicted
9    individual, another person, or animal, either directly or
10    through clothing, of the sex organs, anus, or breast of the
11    depicted individual, another person, or animal for the
12    purpose of sexual gratification or arousal;
13        (B) transfer or transmission of semen upon any part of
14    the clothed or unclothed body of the depicted individual,
15    for the purpose of sexual gratification or arousal of the
16    depicted individual or another person;
17        (C) act of urination within a sexual context;
18        (D) bondage, fetter, sadism, or masochism; or
19        (E) sadomasochistic abuse in any sexual context.
 
20    Section 10. Civil action.
21    (a) Except as otherwise provided in Section 15, if a
22depicted individual is identifiable and suffers harm from a
23person's intentional dissemination or threatened dissemination
24of a private sexual image without the depicted individual's
25consent, the depicted individual has a cause of action against

 

 

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1the person if the person knew or acted with reckless disregard
2for whether:
3        (1) the depicted individual did not consent to the
4    dissemination;
5        (2) the image was a private sexual image; and
6        (3) the depicted individual was identifiable.
7    (b) The following conduct by a depicted individual does not
8establish by itself that the individual consented to the
9nonconsensual dissemination of a private sexual image that is
10the subject of an action under this Act or that the individual
11lacked a reasonable expectation of privacy:
12        (1) consent to creation of the image; or
13        (2) previous consensual disclosure of the image.
14    (c) A depicted individual who does not consent to the
15sexual conduct or uncovering of the part of the body depicted
16in a sexual image of the individual retains a reasonable
17expectation of privacy even if the image was created when the
18individual was in a public place.
 
19    Section 15. Exceptions to liability.
20    (a) A person is not liable under this Act if the person
21proves that the dissemination of or a threat to disseminate a
22private sexual image was:
23        (1) made in good faith:
24            (A) by law enforcement;
25            (B) in a legal proceeding; or

 

 

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1            (C) for medical education or treatment;
2        (2) made in good faith in the reporting or
3    investigation of:
4            (A) unlawful conduct; or
5            (B) unsolicited and unwelcome conduct;
6        (3) related to a matter of public concern or public
7    interest; or
8        (4) reasonably intended to assist the depicted
9    individual.
10    (b) Subject to subsection (c), a defendant who is a parent,
11legal guardian, or individual with legal custody of a child is
12not liable under this Act for a dissemination or threatened
13dissemination of an intimate private sexual image of the child.
14    (c) If a defendant asserts an exception to liability under
15subsection (b), the exception does not apply if the plaintiff
16proves the disclosure was:
17        (1) prohibited by a law other than this Act; or
18        (2) made for the purpose of sexual arousal, sexual
19    gratification, humiliation, degradation, or monetary or
20    commercial gain.
21    (d) The dissemination of or a threat to disseminate a
22private sexual image is not a matter of public concern or
23public interest solely because the depicted individual is a
24public figure.
 
25    Section 20. Plaintiff's privacy.

 

 

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1    (a) In an action under this Act:
2        (1) a plaintiff may proceed by using a pseudonym in
3    place of the true name of the plaintiff under Section 2-401
4    of the Code of Civil Procedure; and
5        (2) the court may exclude or redact from all pleadings
6    and documents filed in the action other identifying
7    characteristics of the plaintiff.
8    (b) A plaintiff to whom paragraph (2) of subsection (a)
9applies shall file with the court and serve on the defendant a
10confidential information form that includes the excluded or
11redacted plaintiff's name and other identifying
12characteristics.
13    (c) The court may make further orders as necessary to
14protect the identity and privacy of a plaintiff.
 
15    Section 25. Remedies.
16    (a) In an action under this Act, a prevailing plaintiff may
17recover:
18        (1) the greater of:
19            (A) economic and noneconomic damages proximately
20        caused by the defendant's dissemination or threatened
21        dissemination, including damages for emotional
22        distress whether or not accompanied by other damages;
23        or
24            (B) statutory damages not to exceed $10,000
25        against each defendant found liable under this Act for

 

 

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1        all disseminations and threatened disseminations by
2        the defendant of which the plaintiff knew or reasonably
3        should have known when filing the action or that became
4        known during the pendency of the action. In determining
5        the amount of statutory damages under this subsection,
6        consideration shall be given to the age of the parties
7        at the time of the disseminations or threatened
8        disseminations, the number of disseminations or
9        threatened disseminations made by the defendant, the
10        breadth of distribution of the image by the defendant,
11        and other exacerbating or mitigating factors;
12        (2) an amount equal to any monetary gain made by the
13    defendant from dissemination of the private sexual image;
14    and
15        (3) punitive damages.
16    (b) In an action under this Act, the court may award a
17prevailing plaintiff:
18        (1) reasonable attorney's fees and costs; and
19        (2) additional relief, including injunctive relief.
20    (c) This Act does not affect a right or remedy available
21under any other law of this State.
 
22    Section 30. Statute of limitations.
23    (a) An action under subsection (b) of Section 10 for:
24        (1) a nonconsensual dissemination may not be brought
25    later than 4 years from the date the dissemination was

 

 

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1    discovered or should have been discovered with the exercise
2    of reasonable diligence; and
3        (2) a threat to disseminate may not be brought later
4    than 4 years from the date of the threat to disseminate.
5    (b) Except as otherwise provided in subsection (c), this
6Section is subject to the tolling statutes of this State.
7    (c) In an action under subsection (a) of Section 10 by a
8depicted individual who was a minor on the date of the
9dissemination or threat to disseminate, the time specified in
10subsection (a) of this Section does not begin to run until the
11depicted individual attains the age of majority.
 
12    Section 35. Severability. If any provision of this Act or
13its application to any person or circumstance is held invalid,
14the invalidity does not affect other provisions or applications
15of this Act that can be given effect without the invalid
16provision or application, and to this end, the provisions of
17this Act are severable.