Illinois Revenge Porn Laws: How an Irrational or Impulsive Act Could Result in a Felony Charge

 Posted on July 09,2021 in Criminal Defense

Years ago, when a person wanted to take a photo, they needed to have a camera with film. They then had to take or send that film somewhere to be developed into hard copy prints. Today, smartphones, electronic devices, social media, text messaging, and emails have all changed the way we take and share photos. This also includes photos and videos that could be considered “racy” or inappropriate for public viewing. This has led to materials that were meant to be private shared without the subject’s permission by another party whose intention is to cause harm. This has become such a problem that it has resulted in many states, including Illinois, to pass revenge porn laws.

Revenge Porn

Revenge porn is a type of digital abuse where one party distributes intimate material of another party without their consent. It often occurs between couples who break up – hence the “revenge” description – but can also be involved in blackmail attempts.

In 2015, the state of Illinois confronted revenge porn issues head-on and passed a law that made the act a Class 4 felony. Penalties if convicted include up to three years in prison and a fine of up to $25,000. In addition, the victim can file a civil lawsuit against the defendant for financial damages.

One well-publicized case making its way through the Illinois criminal court system involves a former state representative. In 2018, the man was accused of setting up a fake Instagram account and then sending nude photos of his ex-girlfriend to unsuspecting men in a catfishing scheme. After the ex-girlfriend found out and went to police, the man was charged with 12 felonies. He was forced to resign from his seat and is currently awaiting trial

Illinois Supreme Court Rules Revenge Law Not Protected by Free Speech

A defense some defendants have tried using when charged with the crime is that the law interferes with their freedom of speech. One case went all the way to the state’s highest court, which disagreed with that defense. The case involved a woman who was charged with a felony after she sent nude images of a woman who was having an affair with the defendant’s then-fiancée to friends and family. In 2018, the circuit court judge agreed with the defense and dismissed the case. Prosecutors appealed and in a 2019 decision, the Court disagreed with the circuit court and upheld the statute. Last month, the woman was sentenced to conditional discharge and 100 hours of community service.

Contact a Joliet, IL Defense Lawyer for Legal Help

The case of the woman who sent photos to prove to friends her fiancée was cheating on her is a good example of how a person may react out of anger in the heat of the moment and do something without realizing they are committing a serious crime. If you have been accused of committing acts of revenge porn, contact McNamara Phelan McSteen, LLC immediately to schedule a free consultation with one of our Will County criminal defense attorneys. Call 815-727-0100 today.

 Sources:

https://patch.com/illinois/barrington-il/former-state-rep-nick-sauer-indicted-nude-photo-scandal

https://www.ilga.gov/legislation/ilcs/documents/072000050K11-23.5.htm

https://www.shawlocal.com/northwest-herald/news/crime-and-courts/2021/06/25/island-lake-woman-sentenced-to-probation-in-2016-revenge-porn-case/