Revenge Porn Becomes Illegal in Illinois

Revenge porn will be illegal in Illinois as a result of a bill signed into law by out-going Governor Pat Quinn.

Revenge porn occurs when one person posts or otherwise disseminates intimate images of a former partner without the other partner’s consent.  The new law, which takes effect on June 1, 2015, makes it a Class 4 felony for the non-consensual dissemination of private sexual images.

The law does not provide for a private cause or action or for the ability of the victim to have the images removed.

Under the new law, non-consensual dissemination of private sexual images occurs when an image of a person over 18, who is identifiable from the image or information displayed with the image, is engaged in a sexual act or “whose intimate parts are exposed, in whole or in part,” the image was obtained “under circumstances in which a reasonable person would know or understand that the image was to remain private,” and where the person depicted has not given consent for the dissemination.

The law exempts the dissemination of sexual images when the dissemination is part of a criminal investigation, where the exposure was in a public place or commercial setting, or “when the dissemination serves a lawful public purpose.”  Also exempt are providers of interactive, mobile, or telecommunications services.

In addition to the possibility of jail time, the property of a person violating the act is subject to forfeiture.