Territory Now Have Revenge Porn Laws, Cyber Civil Rights Initiative,
http://www.cybercivilrights.org/revenge-porn-laws (last visited July 15, 2019)
[https://perma.cc/JUX4-B4GK]; see Schein, supra, at 1973-74 (citing website
when it listed 43 states). These statutes “vary widely throughout the United States,
each with their own base elements, intent requirements, exceptions, definitions, and
penalties.” Nisttáhuz, supra, at 357. “The mass adoption of these statutes by states
on opposite sides of the political spectrum reflects the urgency of the problem.”
Goldberg & Massey, supra, at 50.
¶ 24
B. The General Assembly’s Solution
¶ 25
Against this historical and societal backdrop, we consider the terms of the
statutory provision at issue. Section 11-23.5(b) provides as follows:
“(b) A person commits non-consensual dissemination of private sexual
images when he or she:
(1) intentionally disseminates an image of another person:
(A) who is at least 18 years of age; and
(B) who is identifiable from the image itself or information
displayed in connection with the image; and
(C) who is engaged in a sexual act or whose intimate parts are
exposed, in whole or in part; and
(2) obtains the image under circumstances in which a reasonable person
would know or understand that the image was to remain private; and
(3) knows or should have known that the person in the image has not
consented to the dissemination.” 720 ILCS 5/11-23.5(b) (West 2016).
A person convicted under section 11-23.5(b) is subject to forfeiture sanctions. Id.
§ 11-23.5(e). Also, the crime is a Class 4 felony. Id. § 11-23.5(f).
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