Your Legal Rights as an NCII Victim in Illinois

Illinois NCII Law Overview

Applicable statute: 720 ILCS 5/11-23.5 (Non-Consensual Dissemination of Private Sexual Images)

Criminal penalty: Class 4 felony, punishable by 1 to 3 years in prison and up to $25,000 in fines

Civil remedies: actual damages, attorney fees, and punitive damages available in egregious cases

Illinois treats non-consensual intimate image distribution as a felony offense, making its NCII statute among the strongest in the country. The Class 4 felony classification, carrying 1 to 3 years in prison, reflects Illinois's view that this conduct is a serious crime deserving serious consequences. The significant fine provision up to $25,000 also provides meaningful deterrence.

Illinois enacted AI deepfake-specific legislation (SB 2122, 2023) that extends NCII protections to artificially generated intimate imagery. Illinois victims have the same rights against AI deepfakes as against authentic intimate photographs.

The federal TAKE IT DOWN Act provides an additional layer of protection at the platform level. Illinois victims can pursue the felony criminal route at the state level and the 48-hour removal route at the federal platform level simultaneously.

Your Rights in Illinois

• Right to 48-hour federal removal under the TAKE IT DOWN Act
• Right to file a felony criminal complaint
• Right to civil damages including attorney fees and potential punitive damages
• Right to petition for an injunction
• Right to have your identity protected during proceedings

How to File in Illinois

File a police report with local law enforcement or the Illinois State Police. The Illinois Attorney General's office handles NCII complaints. For civil claims, file in the appropriate Illinois Circuit Court.

Local Support Resources

• Illinois Coalition Against Sexual Assault, icasa.org
• Chicago Metropolitan Battered Women's Network, batteredwomensnetwork.org
• RAINN National Hotline, 1-800-656-HOPE

Federal Rights Under the TAKE IT DOWN Act

In addition to Illinois state law, the federal TAKE IT DOWN Act (47 U.S.C. 223a) gives you a direct right to demand removal from any covered platform within 48 hours. Covered platforms, those with 10 million or more monthly US active users, face FTC enforcement with civil penalties up to $50,000 per violation per day if they do not comply. ScanErase's biometric scan finds every platform hosting your images, so you can file the formal notice yourself.