In HB2123, effective January 1, 2024, the Illinois Legislature amended the text of the Nonconsensual Dissemination of Private Sexual Images Act to create a cause of action for individuals who are the target of digitally altered sexual images. The modification expands the act to cover a sexual image that “shows or falsely appears to show” (addition italicized) nudity or an individual engaging in a sexual act. The cause of action now reaches individuals disseminating intentionally digitally altered images when the disseminating party either knew or recklessly disregarded the possibility that: consent was not given, the image was intentionally digitally altered, and the depicted person was identifiable. The act additionally precludes disclosing that the image was altered from serving as a defense. The act also reaches the threatened dissemination of such content. Potential remedies include economic and non-economic damages, statutory damages not to exceed $10,000 against each defendant, disgorgement of monetary gain from dissemination, and punitive damages. A court may additionally award a plaintiff attorney’s fees and equitable relief, including a temporary restraining order or permanent injunction against displaying the content.  If you have a questions about this law contact Michael Haeberle at mhaeberle@pattersonlawfirm.com