Law / United States / Illinois

Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act, digitally altered images

740 ILCS 190/5, 10, 25 (P.A. 103-294, eff. )

In force since .

An AI prohibited practices rule binding public and private bodies.

Criminal exposure
No
Private right of action
Yes
Obligation class
Prohibition
Audit expectation
none
Setting the rule reaches
General

What it requires

  • Do not intentionally disseminate or threaten to disseminate a private sexual image, including one that is digitally altered, of an identifiable person without their consent.
  • Disclosing that the image was digitally altered, such as AI-generated, is not a defense to liability.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
NIST AI 600-1
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.3Access Management
NIST Privacy Framework
  • CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

Who enforces it

Enforcement body

Private enforcement only: the depicted individual, through a civil action under section 10; the Act names no public enforcer.

Settledness

As of
Open questions
Does the exception in section 15(a)(3) for a dissemination 'related to a matter of public concern' reach a digitally altered sexual image of a public figure, when section 15(d) addresses only a 'private sexual image' and a depicted individual who is a public figure?

What it makes you log

Logging duty

Sections 5, 10 and 25 define a digitally altered sexual image and give a depicted individual a civil cause of action against intentional dissemination without consent; they create no duty to log, record, or document an image's alteration or dissemination.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

A 2024 amendment added a digitally altered sexual image, defined in Section 5(3.5) as visual media created or substantially altered so that it would falsely appear to a reasonable person to be an authentic depiction of a person, to the images a depicted individual can sue over.

Section 10 gives an identifiable, depicted individual a cause of action against a person over 18 who intentionally disseminates or threatens to disseminate such an image, real or digitally altered (including an AI-generated fake), without consent and knowing or recklessly disregarding that the person did not consent; Section 10(c) specifically bars disclosing that an image was digitally altered as a defense to liability.

A prevailing plaintiff may recover the greater of actual damages or statutory damages of up to $10,000 per defendant under Section 25, plus the defendant's monetary gain, punitive damages, attorney's fees, and injunctive relief.

When LexLint raises it

When your app profile says your app generates images with AI, generates video with AI or publishes adult content.

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