Illinois Passes Aggressive Revenge Porn Law

 Posted on January 22, 2015 in Divorce

Divorce is often a time of strong, turbulent emotions for many people. These sorts of strong, negative emotions can often cause people to do things that they come to regret later. One increasingly common thing that people, especially jilted husbands, have begun doing in the wake of divorce is posting “revenge porn,” nude or revealing pictures of their soon-to-be ex-spouses on the internet. Until recently, revenge porn was a classic case of the law failing to keep up with the rapid pace of technology. People having their pictures posted were short on legal recourse. That is no longer the case. Illinois recently passed one of the most aggressive revenge porn laws in the country. The law criminalizes the posting of revenge porn, and has an exceedingly broad reach.

The Law's Effects

The Illinois revenge porn law creates a new crime formally called “non-consensual dissemination of private sexual images.” A person is guilty of that crime when they do three things. A person must:

• Purposefully disseminate an identifiable image of someone nude or engaged in a sexual act;
• Have gotten the image in such a way that a reasonable person would know that it was supposed to stay private; and
• Know that the person in the image did not consent to have it disseminated.

If a person's action meets all three of these criteria, then it qualifies as non-consensual dissemination. The crime is a Class 4 felony in Illinois, punishable by one to three years in prison and a fine of up to $25,000.

There are two important things worth noting about this law. First, unlike most revenge porn laws, it lacks a motive requirement. While the person must intentionally disseminate the image, it does not have to be with the purpose of harassing or embarrassing the person in the picture, which makes the law broader than most. Second, the law can reach a wide variety of people. It does not simply apply to the picture's original recipient. It applies to anyone who sees the picture and would reasonably understand that it was supposed to be private.

Constitutional Concerns

Some people have raised concerns about this law and its effect on people's First Amendment rights. The United States has a strong tradition of free expression and a free press. Some people worry that this law could prevent the release of newsworthy information. To that end, one of the exceptions in the law allows people to post these sorts of images if they serve a valid public purpose.

Divorce can be a difficult emotional process, but there are still proper and improper ways to respond to it. If you are currently going through a divorce, contact an experienced DuPage County divorce attorney today to learn more about your legal options going forward.