You and your girlfriend have taken pictures of each other that you wouldn’t want your grandmother to see. You shared some of these images with a friend. Your girlfriend found out, and you broke up. Now you are charged with revenge porn.
What is the Illinois law on “revenge porn?” What can happen to you? What can you do?
In 2015, the Illinois legislature adopted the law titled: Non-consensual dissemination of private sexual images. Note that there is no element requiring you to act out of revenge in the law. Maybe you shared your girlfriend’s photos, because you were proud of how she looks. Nonetheless, you violate the law when you send out someone else’s image and:
* That person is identifiable from the image or their personal identifying information is sent in connection with the image, or their identity is known to the you; and
* The subject is engaged in a sex act or their intimate parts are exposed, in whole or in part. The law defines intimate parts as “the fully unclothed, partially unclothed or transparently clothed genitals, pubic area, anus, or if the person is female, a partially or fully exposed nipple, including exposure through transparent clothing;” and
* You obtained the image under circumstances in which a reasonable person would understand that the image was to remain private; and
* You knew or should have known that the subject did not consent to the dissemination.
As of January 1, 2025, the law no longer requires that the subject be over 18 years old.
If charged, you face a Class 4 felony, punishable by 1 to 4 years in prison.
If you are charged with this offense, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt. Are the photos of another person? Do they fit the law’s definition of intimate parts? Was your girlfriend identifiable from the image? Did you understand the photos were to remain private? Maybe your girlfriend shared the photos herself so you didn’t think she would mind.
Even if the evidence against you is clearcut, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
