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


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