Cir. 1998); see also National Archives & Records Administration v. Favish, 541 U.S. 157, 168-69 (2004) (collecting authorities holding that it is the privacy interest of living family members—not the dead—that protects against public disclosure of photographs and autopsy reports of deceased persons). In light of the fact that a deceased person cannot suffer the types of injuries that section 11-23.5(b) is intended to safeguard against, the statute does not apply to the hypothetical situation suggested by the circuit court. ¶ 97 The circuit court also questioned whether section 11-23.5(b) would criminalize the sharing of nude sketches of a person’s grandmother if his or her grandfather had been an artist such as Andrew Wyeth, who created the “Helga Pictures” that remained secret for many years, or Pablo Picasso. Again, we must consider the reason for the law, the problems sought to be remedied, the purposes to be achieved, and the consequences of construing the statute one way or another. Casas, 2017 IL 120797, ¶ 18. Given that a model who poses for an artist is aware of that person’s profession, it will generally be understood that the sketch or painting may be displayed to others at some point in time. In such a circumstance, the statute would not apply because a reasonable person would not know or understand that the image was to remain private. The same is true of the circuit court’s reference to images published in Playboy Magazine and in movies or programs depicting nudity. The people portrayed in such images have clearly consented to public disclosure and dissemination. Indeed, that is the whole point of appearing in such a photograph or film. ¶ 98 And, even if the publication of Wyeth’s secret Helga collection would fall within the statute’s purview, such a situation is rare and should be addressed on a case-by-case basis. See Ferber, 458 U.S. at 773-74 (holding that impermissible applications of a statute that do not amount to more than a small fraction of the materials within the statute’s reach should be cured through case-by-case analysis); see also Broadrick, 413 U.S. at 615-16; People v. Anderson, 148 Ill. 2d 15, 26-27 (1992). A statute will not be held to be overbroad simply because some impermissible applications are conceivable. Ferber, 458 U.S. at 772. ¶ 99 The animating purpose of section 11-23.5(b) is to protect living persons from being victimized by harassment, discrimination, embarrassment, and possible violence resulting from the privacy violation occasioned by the nonconsensual - 31 -

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