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


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