|HB2408 Enrolled||- 2 -||LRB101 09341 LNS 54437 b|
taken without the person's knowledge or consent; and
(3) knows or should have known that the person in the image
has not consented to the dissemination; or
(4) owns or operates a website on which the posting of
private compromising images is allowed or not removed upon
discovery of such images being posted.
(a) 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.
(b) If, at the hearing for a take-down order, 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.
Emergency take-down order.
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
A person who is found to have posted a
private compromising image of another person by a court shall