DGAA bLAWg

Illinois' New Revenge Porn Law

Web Admin - Friday, January 30, 2015

Illinois revenge porn law, Crystal Lake criminal defense lawyerOne of Former Governor Quinn's last acts during his time in office was to sign a new bill into law criminalizing the act of disseminating private nude photos of someone, commonly referred to as revenge porn. Until recently, revenge porn has been something of a grey area in the legal world. There were certain laws that might have been violated by the act of posting these sorts of images online, such as stalking or harassment, the intentional infliction of emotional distress, and even copyright law. Yet, these laws were often not well-suited to the situation. This new law, which goes into effect on June 1st, changes that, providing a clear criminal offense for posting revenge porn.

How the Law Works

Illinois' new revenge porn law makes it a class 4 felony to disseminate private sexual images of a person. In order to violate the law, the person's act must fulfill a variety of criteria.

  • - The person must purposefully disseminate an image of a person;
  • The person in the picture must be nude or engaged in some sort of sex act;
  • The person in the photo must be identifiable either from the photo or from other information accompanying the photo;        
  • - The circumstances surrounding the photo must have been such that a reasonable person would have known it was meant to be private; and
  • - The person in the photo must not have consented to its posting.

If a person posts an image that meets these criteria, then they can be sentenced to up to three years in prison along with a possible $25,000 fine.

Many commentators have remarked that this law is a particularly aggressive revenge porn law, citing two main aspects of the law's definition of revenge porn. First, many revenge porn laws require a person to post the image in an effort to harass or humiliate the person in the picture. Illinois' law does not have that same requirement. Second, many revenge porn laws are limited to the initial poster of the picture. Illinois' law covers anyone who posts the picture knowing it was supposed to be private.

The Law's Controversy

The law has met with some pushback, particularly from groups concerned about the free speech implications of the law. American law values freedom of expression highly, and safeguards it above almost any other right. The U.S. Constitution often protects speech from government intervention, especially in cases like this where the restriction on the speech is based on the speech's content. However, since the law has yet to go into effect, no one has challenged it on these grounds.

Criminal law is constantly changing to keep up with offenses related to new technologies. If you have been charged with a crime like this, contact a Crystal Lake criminal defense attorney today. Our firm assists accused clients in many different northwest suburban towns, such as Barrington, Rolling Meadows, and Inverness.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.


Recent Posts


Tags

BAC Inverness personal injury attorney employee discrimination federal regulations for LLCs Palatine workers compensation lawyer Illinois real estate lawyer Palatine punch death overtime violations Palatine criminal defense lawyer financial advisors elder abuse Rolling Meadows employment attorney criminal law civil litigation Illinois defective products attorney insurance denials Buffalo Grove injury lawyer healthcare claims work unions Affordable Care Act medical research health insurance dispute traffic violations defense denied insurance claims Rolling Meadows Attorney Whistleblower Claims tax attorney Crystal Lake traffic attorney real estate closing vacation home Arlington Heights medical malpractice lawyer business litigation Crystal Lake personal injury lawyer rumble strips Rolling Meadows probate lawyer insurance claim dispute attorney PTSD Illinois pet lawyer holiday statistics rollover accidents jet ski institutional trustee Illinois personal injury attorney Palatine elder law attorney pedestrian injuries, pedestrian fatality Des Plaines drug crimes lawyer Schaumburg injury lawyer insurance attorney insurance claim Buffalo Grove life insurance attorney Palatine civil litigation lawyer in terrorem provision employment attorney Palatine employment law lawyer modern family estate planning Chicago trucking accident attorney Illinois Trust Code sole proprietorship Illinois estate planning swimming pools speeding power of attorney Illinois traffic attorneys Barrington criminal defense lawyer Barrington business law firm Rolling Meadows drug defense attorney Illinois employee rights attorney. Rolling Meadows marijuana attorney real estate zoning Arlington Heights car accident lawyer low-ball insurance settlement Illinois injury lawyer spinal cord injury Crystal Lake criminal defense attorney product liability Chicago attorney Barrington employment law attorney drug crimes lawyer Arlington Heights employment law attorneys dram shop law traumatic brain injury Schaumburg life insurance attorney Riverwoods estate planning lawyer Crystal lake insurance dispute attorney medical malpractice claims Deer Park traffic accident attorney revenge porn boating under the influence investment property wills and trusts caregiver Barrington employment attorney real estate attorney Chicago traffic lawyer crossover accidents medical marijuana insurance claim denials drugs Illinois criminal defense attorney Long Grove real estate attorney Illinois traffic laws Schaumburg wrongful death attorney Deer Park accident attorney creditors insurance claim delay breach of contract Illinois collections attorney Employment Discrimination Law personal injury attorney Colin Gilbert Crystal Lake will lawyer Illinois attorney Rolling Meadows Palatine personal injury lawyer clemency Rolling Meadows insurance lawyer Mount Prospect elder law attorney lapse in policy Illinois speeding lawyer foreclosed rental property murder defense advance healthcare directive Buffalo Grove law firm corporate law GM ignition switches overtime pay Rolling Meadows employment law attorneys Crystal Lake law firm IRA trust transfer first degree murder insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Illinois medical malpractice lawyers Deer Park medical malpractice attorney Rolling Meadows real estate attorney Deer Park motorcycle accident lawyer Chicago life insurance attorney Illinois personal injury lawyers severance agreements Illinois business law atorneys preventing accidents Des Plaines insurance attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Illinois insurance dispute lawyers operating agreements Crystal Lake employment law attorney Rolling Meadows employment law attorney caretaker rights how to avoid common denials of life insurance claims Fair Labor Standards Act traffic crimes Buffalo Grove insurance claim dispute lawyers Arlington Heights employment attorney spinal cord injuries Illinois employment law firm food poisoning TBI Deer Park real estate law firm cause-of-death exclusions consent to a search criminal expungement medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers boating DUI Barrington personal injury attorney cell phone Buffalo Grove personal injury attorney Des Plaines collections attorney Palatine estate planning lawyer Class A misdemeanor foreclosure real estate contract Illinois Transfer on Death Instrument life insurance claims car accident lawyer Des Plaines criminal attorney dog bites Illinois will lawyer pet bites Barrington Traffic Lawyer personal injury claim personal injury Schaumburg construction accident lawyer Arlington Heights estate planning attorney Schaumburg Palatine traffic lawyer Illinois probate lawyer Chicago will attorney driving hiring employees Deer Park employment law attorney gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys pain and suffering Arlington Heights criminal lawyer Illinois rollover accident lawyers Illinois insurance claims lawyers South Barrington real estate lawyer Arlington Heights traffic attorney car accident lawyers traffic accidents pregnant women real estate lawyer texting while driving Des Plaines real estate attorney denial of insurance claim car crashes coronavirus Des Plaines Rolling Meadows estate planning attorney POA Chicago corporate attorney privacy Kenilworth estate planning attorney Schaumburg traffic lawyer installment contracts drug possession drunk driving statistics estate plan Arlington Heights wills and trusts attorney Rolling Meadows insurance dispute lawyers Crystal Lake employment attorney license reinstatement construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation attorney fees Attorney Ken Apicella accidental death benefits workplace sexual harassment denied insurance claim Arlington Heights real estate lawyer South Barrington real estate attorney child safety DUI murder Schaumburg personal injury attorney Illinois insurance attorney workers compensation Des Plaines personal injury attorney Crystal Lake pet attorney income distribution deducation Des Plaines accident attorney commercial leasing pedestrian accident compensatory time vacation home fines personal injury lawyer traffic deaths Chicago biking tips unauthorized overtime Illinois traffic accident lawyer Long Grove estate planning attorney most common reasons for life insurance claim denials Des Plaines Traffic Lawyer employees Illinois employment law attorneys special needs trust deadly crashes employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, insurance adjusters jet ski accidents Schaumburg estate planning attorney no contest clauses Self-Directed IRA Accounts appealing an insurance claim Rolling Meadows medical malpractice lawyers Inverness real estate attorney estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Rolling Meadows Traffic Lawyer slip and fall accidents personal injury accidents comp time life insurance uninsured motorist digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Landlord Tenant Ordinance Rolling Meadows tax attorney Illinois Smoke Detector Act Palatine civil attorney traffic tickets employment law preventable medical errors Illinois mortgages Des Plaines personal injury lawyers Illinois job attorney Do Not Resuscitate Inverness probate lawyer Illinois Wage Payment and Collection Act Schaumburg criminal attorney Rolling Meadows traffic law firm FSLA right to work anesthesia errors Thanksgiving Arlington Heights wills and trusts lawyers hands free device insurance dispute attorney Rolling Meadows car accident lawyers Food and Drug Administration's Food Safety Modernization Act Joliet general practice lawyers Illinois workers compensation attorney Schaumburg criminal law attorney Palatine traffic accidents back injuries motorcycle accident lawyer estate attorney Crystal Lake injury attorney Inverness insurance attorney Crystal Lake accident attorney Rolling Meadows criminal lawyer Illinois real estate Crystal Lake medical malpractice law firm independent contractor Barrington personal injury lawyer Long Grove wills and trusts attorneys LLCs Deer Park workers compensation lawyer trusts Legal Info Rolling Meadows life insurance claim denial attorney Crystal Lake employment lawyer insurance dispute license civil rights violation Palatine employment attorney Illinois tax attorney Barrington employment law firm DMV Crystal Lake tax lawyer Illinois car accident attorney Palatine law firm Illinois Buffalo Grove traffic lawyers Palatine construction attorney insurance denial appeals controlled substance Mount Prospect wills and trusts lawyers Illinois wills and trusts attorneys mass shooting Chicago insurance law firm Barrington life insurance lawyer personal injury law firm Illinois elder law attorney internet Illinois jet ski accident lawyer Schaumburg real estate lawyer ObamaCare Palatine injury attorney Barrington workers compensation attorney field sobriety test Illinois employment attorneys products liability loss of consortium Rolling Meadows corporate lawyer Illinois insurance claim attorney Illinois employment law Arlington Heights car crash attorneys real estate rollover car crashes Illinois lawyer contracts texting and driving Crystal Lake business law attorneys Des Plaines civil attorney Palatine life insurance lawyer Des Plaines real estate lawyer Barrington medical malpractice lawyers Des Plaines medical malpractice attorney Illinois living will car crash injuries natural gas explosion federal crimes pet law Barrington drug crime attorney Illinois medical malpractice attorney Illinois Human Rights Act Des Plaines drug lawyer Des Plaines tax law firm Schaumburg elder law lawyer job lawyers medication errors civil litigation attorney life insurance lawyer wrongful death fiduciary rule delay Inverness estate planning lawyer life insurance policy Barrington real estate lawyer estate planning trusts Illinois traffic ticket lawyer living wills Illinois boating accident lawyer Arlington Heights personal injury lawyer llinois Real Estate Lawyers Association Schaumburg insurance lawyers liability rent to own real estate contracts Illinois Probate Act of 1975 trustee slip and fall Illinois wills and trusts Des Plaines injury law firm Arlington Heights personal injury attorney natural gas Barrington attorney deed transfer changes to mortgage law underage DUI Fourth of July Des Plaines DUI attorney Illinois civil litigation lawyer Long Grove estate planning construction accidents head on collisions employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Inverness traffic law firm distracted driving accident victims Buffalo Grove corporate attorney Kenilworth estate planning lawyer cell phone accidents Mount Prospect real estate lawyer traffic offenses denial of life insurance Barrington injury attorney Buffalo Grove probate lawyer employment lawyer minimum wage Illinois pedestrian accident attorney truck collisions hit and run accident cell phone tower data top life insurance claim denials Chicago lawyer digital information Arlington Heights wills and trusts attorneys Rolling Meadows insurance dispute lawyers, insurance dispute Rolling Meadows personal injury attorney Transfer on Death Instrument Crystal Lake personal injury attorney estate planning attorney car accidents condo real estate attorneys Illinois business lawyer Palatine employment lawyer privacy laws Crystal Lake car accident lawyer wrongful termination insufficient documentation Schaumburg personal injury lawyers Illinois insurance disputes comparative negligence power of attorney for healthcare Palatine insurance lawyer BAIID estate planning for college students Barrington civil litigation attorney living trust breathalyzer test Illinois red light cameras Rolling Meadows personal injury lawyers insurance claim dispute Illinois motorcycle accident lawyer DUI penalities sexual images Policy Cancellation Deer Park criminal attorney criminal record Buffalo Grove employment lawyer dealing with problem employees murder charges Illinois workers compensation lawyer ACA senior citizens traffic violations Palatine probate lawyer Buffalo Grove medical malpractice lawyers Rolling Meadows traffic attorney ken apicella Rolling Meadows litigation lawyer trucking accidents problem employees liens Arlington Heights trucking lawyer employment contract Illinois law underinsured motorist DGAA Inverness DUI lawyer Illinois insurance claim dispute lawyers Chicago estate planning lawyer Des Plaines pet law attorney Inverness corporate attorney Illinois workplace discrimination attorney social media after death homestead rights Arlington Heights Attorney landlord DUI defense premises liability IRA benefits commercial real estate Arlington Heights accident attorney CAM Illinois home inspection insurance claim denial Exclusions Illinois employment lawyer Palatine drug lawyer Arlington Heights insurance attorney life insurance claim denial, denial of life insurance claim Arlington Heights TBI attorney Deer Park DUI lawyer new real estate form Chicago will attorney, social media platforms, Illinois estate planning lawyer, Chicago employment attorney Schaumburg estate attorney wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Schaumburg employment attorney estate planning insurance disputes automated cars Home Sale Contingencies Inverness real estate lawyer trucking accident lawyers Illinois bicycle safety Illinois workplace lawyer probate claims car accident underfunded trust personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Illinois Sales Representative Act DNR insurance agents Schaumburg civil litigation attorney Detainer Actions digital media accounts, estate planning, Arlington Heights estate planning attorney, surgical mistakes Liquor Control Act Buffalo Grove criminal defense lawyer probate claims process Buffalo Grove car accident lawyer traffic laws eluding a police officer estate tax workers compensation benefits drunk driving digital evidence Deer Park personal injury lawyer Arlington Heights lawyer auto accidents Illinois LLC creation forming a corporation in Illinois insurance claims living trust vs will personal injury claims dynasty trusts BUI probate lawyer Buffalo Grove real estate attorney Des Plaines personal injury lawyer medical malpractice boating accidents Illinois small business IRELA Schaumburg Attorney probate process Arlington Heights tax lawyer insurance agent negligence Illinois Workers’ Compensation Commission residential real estate taxes subcontractor Retaliatory Discharge Crystal Lake pedestrian accident lawyer Arlington Heights wills and trusts lawyer Illinois driving without license license suspension fault based insurance Schaumburg personal injury lawyer gift taxes bicycle dooring accidents owner responsibility Barrington estate planning attorney Arlington Heights injury attorney car crash pedestrian-automobile accident probate fees Jay Andrew startup company Illinois registered agent Des Plaines motorcycle accident attorney blended families workers comp Deer Park traffic lawyer unfunded trust healthcare paid sick leave Barrington litigation attorney Illinois employment laws trust payments bike accident Crystal Lake medical malpractice attorneys Palatine Attorney wage theft drug crimes criminal defense wills School Visitation Rights Act Schaumburg estate planning lawyer pizza emoji estate planning lawyer defective products bicycle accidents Home Remodeling Repair Act filing a medical malpractice claim Rolling Meadows criminal attorney meal breaks beneficiary complications Kenilworth estate planning attorneys trench injuries Schaumburg probate attorney pedestrian accidents marijuana DUI attorney Palatine real estate lawyer liability claims guardianship attorney Illinois corporate lawyer insurance negligence medical malpractice compensation material misrepresentation motorcycle accident Rolling Meadows accident lawyer Des Plaines claims law firm Crystal Lake civil litigation lawyer loopholes rest breaks Barrington boating accident attorney Palatine business attorney Illinois traffic attorney Crystal Lake bike accident lawyer whistleblower protections suspended license Chicago insurance claim attorneys employment law, Illinois employment laws golf accidents Rolling Meadows insurance attorney Illinois personal injury lawyer Schaumburg drug defense lawyer Schaumburg car accident attorney nursing home negligence Chicago estate planning Palatine trusts lawyer Long Grove real estate lawyer Palatine corporate attorney trauma after an accident Rolling Meadows boating crash lawyer brain injury FMLA icy parking lots Illinois DUI attorney Buffalo Grove personal injury lawyer Inverness elder law lawyer license revocation unpaid overtime Schaumburg employment law attorneys commercial leases Chicago employment lawyer car collision employee rights traumatic brain injuries home inspection lawyer Arlington Heights pedestrian accidents Rolling Meadows personal injury lawyer Illinois medical malpractice case construction contracts blood alcohol content Long Grove estate planning attorneys digital assets Barrington Illinois estate planning lawyer agent fiduciary rule fatal car accidents mortgage capital gains tax Barrington criminal lawyer Super Mario landlord tenant law IRS drug crime Illinois personal injury Illinois estate planning law firm unpaid assessment Illinois employment law attorney insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Illinois estate planning attorney living trust benefits Rolling Meadows business lawyer Crystal Lake traffic lawyer distracted driving accidents Illinois medical malpractice claim Inverness injury lawyer elder law Illinois insurance lawyer Illinois construction accident attorney Palatine corporate law attorneys Illinois wrongful termination lawyer Barrington estate planning lawyer employee misclassification condo association Federal Food Drug and Cosmetic Act Illinois trusts attorney irrevocable trust disability benefits probate Crystal Lake medical malpractice lawyer college kids Schaumburg medical malpractice lawyer real estate leasing Mt Prospect Attorney Crystal Lake insurance lawyer Buffalo Grove traffic attorney Chicago car accident lawyer Arlington Heights Traffic Lawyer manufacturing marijuana crimes attorney sexual harassment reckless homicide Rolling Meadows DUI lawyer Colin H. Gilbert Crystal Lake car accident attorney Forcible Entry involuntary manslaughter Inverness civil lawyer defective products lawyer pay when paid contract Illinois insurance claim dispute lawyer Schaumburg corporate attorney Inverness accident lawyer small business Family Medical Leave Act Crystal Lake estate planning lawyer bad faith insurance claims Illinois trucking safety

Archive