Exceptions to liability

740 ILCS 190/15, under Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act.

740 ILCS 190/15

(740 ILCS 190/15)     Sec. 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. (Source: P.A. 103-294, eff. 1-1-24; 103-571, eff. 12-8-23.)