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

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

Archive