Revenge Porn Attorneys in Illinois

Non-consensual Dissemination of Private Sexual Images

Recent new laws meant waves of new legal protections for victims of sexual assault and harassment, including requiring companies to implement anti-sexual harassment policies and expanding the statute of limitations to report sexual misconduct. One of the new laws in Illinois also involves fighting the non-consensual dissemination of private sexual images, otherwise known as revenge porn.

Revenge Porn

Posting revenge porn has only been recognized as a crime in Illinois for a few years, as initial legislation was only enacted in 2015. Revenge porn is defined as posting or distributing sexually explicit images without the subject’s consent. This posting may come in many forms, from uploading videos and images to social media apps to texting images to your friends. You may also be charged with non-consensual dissemination of private sexual images if you use any private sexual images sent to you in order to intimidate, harass, or blackmail a victim.

Illinois Crime Victims Compensation Act

Protections under the Illinois Crime Victims Compensation Act have now expanded to include victims of revenge porn. Victims may now file to receive compensation if someone posted any revenge porn or revealed identifying or graphic information on a pornographic website. Victims can allege psychological harm, counseling, or lost wages if they were fired because of the images that were distributed. If the victim is successful in court, they and their loved ones may be eligible to receive thousands of dollars in financial aid for any expense which accrued as a result of the crime.

Distributing Private Images Without Consent

Being convicted of the non-consensual dissemination of private sexual images is a felony and could lead to a prison term and costly fines. If you are being investigated, it’s important to know all of the elements of the crime. In order to be properly charged and later convicted you must:

  • Have intentionally disseminated the image of another person,
    • Who is at least 18 years old
    • Is identifiable in the image itself
    • Who is engaging in a sexual act or whose private parts are exposed
  • Have obtained the images under a circumstance where a person had a reasonable expectation of privacy
  • Know that the person who sent you the images would not have consented to the dissemination

If You are a VICTIM of this Crime:

Although our offices do not represent victims of revenge porn, we can give you some advice about certain steps that you may wish to take to better protect yourself and increase your chances that the offense will be prosecuted:

  • Take screenshots (or save) any online images or videos related to the crime;
  • Take screenshots of any related social media postings or texts;
  • If you have text chats that relate to the offense, don’t erase them;
  • Gather all of your evidence and then go in person to the local police department for the city or town in which you live;
  • Show the police your evidence and tell them that you would like the offender to be prosecuted for this crime.

If You are CHARGED with this Crime:

Contact an experienced criminal legal team such as the Chicago sex crimes defense attorneys at Mitchell S. Sexner & Associates LLC. We understand that not everyone may be aware of the laws or the severe penalties that could follow for breaking Illinois revenge porn laws since laws regarding this crime vary from state to state.

If you are being investigated for distributing sexual images without consent, we will be able to analyze whether you violated any of the elements of the crime and prepare the best case defense for you. Call our attorneys right away at (312) 644-0444 for a free initial consultation. You can visit us at one of our convenient office locations including Arlington Heights and Chicago. Our telephone lines are open 24 hours a day, seven days a week.

Written by Mitchell S. Sexner Last Updated : March 30, 2022