Revenge Porn Law Signed by Illinois Gov. Quinn at the End of 2014

 Posted on January 20, 2015 in Family Law

At the end of a marriage or relationship, it is normal for there to be feelings of hurt, anger, frustration and hate. Generally, people who are dealing with these feelings find ways in which to vent out these negative feelings so that one day they may piece themselves together and hopefully find happiness, whether in themselves or later with another. Part of the venting may take place through friends, family, a therapist, and/or social media. However, what one vents out onto social media may have a serious and criminal effect on a person’s future.

The Crime of “Revenge Porn” Nationwide

In only a couple states has there been drafting of regulations against what has become known as “revenge porn.” California was the first state to pass legislation and convict someone for “revenge porn.” Illinois finally passed its own specific legislation, criminalizing the trend. Governor Pat Quinn signed into law in the last few days of December the revenge porn legislation categorizing the crime as a felony under Illinois law.

“Revenge Porn” in Illinois

Revenge porn, or as defined under Illinois law “the non-consensual dissemination of private sexual images,” is a term describing the use of any photograph, film, recording, or other depiction or portrayal of a person’s intimate parts or while engaged in a sexual act, which has been intentionally disseminated.

Requirements of the Law in Illinois

In order to be in violation of the law, the offender must:

• Have intentionally disseminated the image of another;
• Show an image that depicts a person who is at least 18 years of age, and is identifiable by the photograph or image;
• Show an image in which the person depicted has his or her intimate parts exposed, wholly or partially, and/or involved in sexual activity; and
• Have obtained a picture where a reasonable person would know that the image was a private communication between the person depicted and the receiver of the phone.

Exceptions to the “Revenge Porn” law in Illinois

There are three exceptions to this law:

• First, it will not be considered in violation of the law if the person has given consent to the images dissemination;
• Second, if the image was created in a commercial situation or there was voluntary exposure in public; and
• Third, if the image is disseminated for a lawful public purpose.

Revenge porn is aptly name for the situation where a disgruntled ex posts or sends his or her spouse’s naked photos out as a form of punishment for the end of the relationship. Most states, nationwide, do not have any legislation out there banning the practice, and for those states, victims of this crime either have no recourse or may be able to file for harassment and/or claim civil damages for defamation. Revenge porn is a separate crime from child pornography offenses, which apply if the revenge porn depicts a minor under the age of 18; this would constitute a more serious crime.

The Future of Revenge Porn Law

Critics of the law believe that the laws against revenge porn violate free speech. However, the law does not believe that posting nude photos of an ex to settle a score is valid free speech. It is only a matter of time before more and more states follow the trend and prohibit all forms of revenge porn in the future. The Illinois Revenge Porn law goes into effect on June 1, 2015, and hopefully many newly-divorced individuals can breathe a sigh of relief of having dodged that bullet.

Family Law Attorneys in DuPage County

Revenge porn is a form of vengeance from one ex-spouse to another. With the new law passed, it will not be so easy to get away with this behavior or any other type of misconduct such as hiding assets. An experienced family law attorney at Mevorah & Giglio Law Offices can help guide you through the investigation and bring up any misconduct to the attention of the courts. Contact our DuPage County family law attorneys today for a free and confidential consultation.