Understanding Illinois New Revenge Porn Law

 Posted on February 27, 2015 in Criminal Law

Revenge porn is the act of posting nude and otherwise sexual or intimate images or videos of a person online without that person's consent. Revenge porn is typically associated with vengeful acts committed by a scorned lover who wants to punish and/or humiliate an ex-partner following a break-up. Illinois has recently joined the ranks of 15 other states that have created specific legislation that makes the posting of revenge porn illegal. In fact one of the last things done by Illinois outgoing governor Pat Quinn was the passing of Illinois' new revenge porn law, which makes it a felony to post sexually explicit photos and videos of another online without that person's consent. Illinois law is unique because it places a priority on the harm committed against the victim of revenge porn, and also makes it an official punishable crime to disseminate a nude or otherwise intimate selfie without the subject of the image's consent.

Illinois' Revenge Porn Law

Illinois' new revenge porn law was sponsored by Senator Michael Hastings, a democrat representative of Tinley Park. Though it was technically already illegal to post images of a minor and also of an adult when consent was not provided, there still was a need for a law that made it a criminal act to privately share and post nude and adult pictures of another on social media sites without the subject's consent. Illinois' revenge porn law will go into effect on June 1, 2015 and creates a criminal Class 4 felony when a person engages in the “non-consensual dissemination of private sexual images.” Under the law one who is found guilty can face between one to three years of time in prison, as well as a $25,000 fine. The law also requires the forfeiture of all goods and/or money obtained in exchange for the posting of the illicit images. Proponents of the revenge porn law believe that it provides the much needed protection and deterrence against acts of vengeance that typically target women and can cause the complete destruction of careers and reputations. In contrast, those against the law are concerned about the infringement on free speech rights.

Illinois revenge porn law has already been lauded by internet privacy advocates, in that Illinois legislatures seemed to have learned from the mistakes other states. For example, California's revenge porn law was criticized for only applying to images that were taken by someone besides the victim. However, the Illinois law provides protection even for selfies, which are images taken by the victim and then dispersed to others. Furthermore, Illinois' also covers those who publish secondhand intimate images, and applies a reasonable person standard when considering whether an image should be considered private and whether the victim would have consented to the dissemination of the photo.