Illinois Revenge Porn Laws: Charges, Penalties & Defenses Explained

Revenge porn can shatter lives in an instant. You likely have urgent questions if you’re a victim or accused of this crime in Illinois. In this article, we’ll detail Illinois’s revenge porn law, including the specific legal elements, potential penalties and next steps. As an experienced attorney who has helped many navigate this difficult situation, I’ll provide insights and actionable guidance. You’ll learn how to report the crime, file restraining orders, bring a civil suit and access victim support services. By the end, you’ll have a clear roadmap forward.

What is Considered Revenge Porn in Illinois?

Under Illinois law (720 ILCS 5/11-23.5), a person commits revenge porn if they intentionally disseminate private sexual images of another person without their consent. “Private sexual images” include any visual depiction of a person:

• Whose intimate parts are fully or partially exposed OR who is engaged in a sexual act; AND
• Who is identifiable from the image or information displayed with it.

A person is a victim of revenge porn in Illinois if they are 18 years or older in the images that were posted or sent without their consent. If the person in the picture is under the age of 18, they are a victim of child pornography, another serious crime in Illinois.

The defendant must have obtained the image under circumstances where a reasonable person would know the image was to remain private. They also must have known or should have known the depicted person did not consent to the dissemination.

The lack of consent is critical—it’s not a defense that the victim originally took the photo themselves or sent it willingly to the defendant. If there was no consent to share the image further, disseminating it is illegal in Illinois.

Notably, the law applies to any sharing of nonconsensual images, whether online or offline. Posting nude photos on social media is just as illegal as texting them to friends or printing and distributing hard copies.

What are the Criminal Penalties for Revenge Porn in Illinois?

In Illinois, revenge porn is a Class 4 felony. If convicted, defendants face serious criminal consequences, including

• 1-3 years in state prison
• Up to $25,000 in fines
• Forfeiture of any profits made from disseminating the image

Illinois Revenge Porn Victims Can Seek Civil Damages Under State Law

In addition to criminalizing the nonconsensual dissemination of private sexual images, Illinois law provides a civil cause of action for victims to sue perpetrators for monetary damages. The Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act, 740 ILCS 190, allows individuals whose private sexual images are shared without consent to bring a civil lawsuit against the person who shared the content.

What Qualifies as a “Private Sexual Image”?

Under the Act, a “private sexual image” is a photograph, film, videotape, digital recording, or similar medium that shows:

• Whose intimate parts are fully or partially exposed OR who is engaged in a sexual act; AND
• Who is identifiable from the image or information displayed with it.

To be actionable, the image must have been obtained under circumstances where the depicted individual had a reasonable expectation of privacy. Images that were stolen by a hacker, obtained through bribery or extortion, and created without the knowledge or consent of the depicted person may also qualify as revenge porn in Illinois.

Digitally Altered Sexual Images

Notably, Illinois also allows victims of deep fake pornography, or the nonconsensual sharing of “digitally altered sexual images” to sue for damages. This includes authentic-looking images that have been created or substantially edited to portray the victim nude or engaged in sexual activity.

A victim’s consent to the original creation of the content does not preclude a lawsuit. So defendants cannot claim consent to the creation of the content as a defense for distributing the images without the victim’s consent.

Potential Remedies for Victims

Successful plaintiffs can recover the greater of:

1) Actual economic and noneconomic (e.g., emotional distress, reputational harm) damages caused by the dissemination, or 2) Statutory damages up to $10,000 per defendant

The court may also award any profits the defendant made from sharing the content, punitive damages, reasonable attorney’s fees and costs, injunctive relief, and other equitable remedies.

Privacy Protections for Plaintiffs

To protect victim privacy, plaintiffs may use a pseudonym in the lawsuit pleadings. The court can exclude or redact other identifying information and take additional steps to shield the victim’s identity.

Statute of Limitations

The statute of limitations gives victims 2 years from when the nonconsensual dissemination was discovered or should have been discovered to bring a claim. For threats to disseminate, victims have 2 years from the date of the threat.

Protecting Your Rights & Reputation From Revenge Porn

Revenge porn is a serious crime in Illinois with life-altering consequences for victims. If you’ve had private sexual images shared without your consent, you have rights and options to take back control over your digital well-being.

If you have further questions about Illinois’s revenge porn laws, contact the knowledgeable attorneys at Minc Law for a confidential consultation. Reach out today to explore your legal options by calling (216) 373-7706, speaking with a Chat representative, or filling out our online contact form.