The odd thing about the Illinois “revenge porn” law is that it lacks a revenge element. The reason you texted a private sexual image may not matter.
Under the Illinois “revenge porn” law, you can be charged with a Class 4 felony if you commit non-consensual dissemination of private sexual images when you:
(1) intentionally disseminated an image of another person:
(A) who is at least 18 years of age; and
(B) who is identifiable from the image itself or information displayed in connection with the image; and
(C) who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part; and
(2) obtains the image under circumstances in which a reasonable person would know or understand that the image was to remain private; and
(3) knows or should have known that the person in the image has not consented to the dissemination.
See 720 ILCS 5/11-23.5
If you are charged with this offense, contact an experienced criminal law attorney immediately. Do not try to talk your way out of your situation or you may talk end up talking your way out of a defense. An attorney can review your situation to determine your best possible options. As with most criminal offenses, the state must prove all the elements of the offense beyond a reasonable doubt. Was the alleged victim identifiable from the image? Would a reasonable person understand the image was to remain private? Did the victim actually consent? Even if the evidence against you is overwhelming, an attorney, who is respected in the courthouse, may help negotiate a more favorable plea agreement than you can on your own.
See our related posts: Illinois Supreme Court Upholds Revenge Porn Statute.
