¶ 21 Consent is contextual. “The consent to create and send a photo or the consent to be photographed by another is one act of consent that cannot be equated with consenting to distribute that photo to others outside of the private relationship ***.” Erica Souza, “For His Eyes Only”: Why Federal Legislation Is Needed to Combat Revenge Porn, 23 UCLA Women’s L.J. 101, 109-10 (2016); see Citron & Franks, supra, at 354-56 (same). Accordingly, criminal liability here does not depend on “whether the image was initially obtained with the subject’s consent; rather, it is the absence of consent to the image’s distribution that renders the perpetrator in violation of the law.” Ava Schein, Note, When Sharing Is Not Caring: Creating an Effective Criminal Framework Free From Specific Intent Provisions to Better Achieve Justice for Victims of Revenge Pornography, 40 Cardozo L. Rev. 1953, 1955-56 (2019). The nonconsensual dissemination of private sexual images “is not wrong because nudity is shameful or because the act of recording sexual activity is inherently immoral. It is wrong because exposing a person’s body against her will fundamentally deprives that person of her right to privacy.” Franks, supra, at 1260. ¶ 22 The breadth of the problem is staggering. Four percent of American Internet users “have either had intimate images posted online without their consent or have been threatened with this heinous act. *** [This] is a serious social problem that has a devastating impact on those victimized by it. The 4 percent of American internet users affected by it amounts to millions of individuals.” Carrie Goldberg & Adam Massey, State-Sanctioned Humiliation: Why New York Needs a Nonconsensual Pornography Law, 89 N.Y. St. B. Ass’n J. 48, 50 (May 2017); see Schein, supra, at 1960 (both citing Amanda Lenhart et al., Nonconsensual Image Sharing: One in 25 Americans Has Been a Victim of “Revenge Porn,” Data and Society Research Institute (Dec. 13, 2016), https://datasociety.net/pubs/oh/ Nonconsensual_Image_Sharing_2016.pdf [https://perma.cc/3XPC-UF64]). ¶ 23 The overwhelming majority of state legislatures have enacted laws criminalizing the nonconsensual dissemination of private sexual images. In 2004, New Jersey was the first state to enact such a statute. Schein, supra, at 1973. By 2013, only Alaska and Texas followed suit. However, between 2013 and 2017, 36 additional states enacted criminal statutes, bringing the total to 39. See Franks, supra, at 1280-81. In 2015, Illinois enacted its statute (Pub. Act 98-1138, § 5 (eff. June 1, 2015) (enacting 720 ILCS 5/11-23.5)). To date, 46 states and the District of Columbia have enacted legislation prohibiting this conduct. 46 States + DC + One -7-