in which a reasonable person would know or understand that it was to remain private. Id. § 11-23.5(b)(2). Fifth, the person who disseminates such an image must have known or should have known that the person portrayed in the image has not consented to the dissemination. Id. § 11-23.5(b)(3). ¶ 106 Given this broad compendium of exacting elements and conditions necessary to prove a violation of section 11-23.5(b), we conclude that a wrongful motive or purpose is inherent in the act of disseminating an intensely personal image without the consent of the person portrayed. See Culver, 2018 WI App 55, ¶ 22. In our view, section 11-23.5(b) implicitly includes an illicit motive or malicious purpose, and the inclusion of an explicit motive to cause harm would not appreciably narrow its scope. See id. ¶ 107 In addition, as we have already explained, the express requirement that the dissemination be intentional severely limits the likelihood that a person will violate the statute inadvertently or accidentally. Such unusual situations do not demonstrate substantial overbreadth and should be addressed on a case-by-case basis. See New York State Club Ass’n v. City of New York, 487 U.S. 1, 14 (1988); see also Ferber, 458 U.S. at 773-74; Broadrick, 413 U.S. at 615-16. ¶ 108 The circuit court further observed that section 11-23.5(b) does not expressly require a showing of any specific harm to the victim. Again, the circuit court did not cite any legal authority for the proposition that inclusion of an element of harm is necessary to avoid a finding of overbreadth. Moreover, we believe that the unauthorized dissemination of a private sexual image, which by definition must depict a person while nude, seminude, or engaged in sexually explicit activity, is presumptively harmful. Culver, 2018 WI App 55, ¶ 24. ¶ 109 In evaluating the competing social costs at stake, we have held that Illinois has a substantial governmental interest in protecting the privacy of persons who have not consented to the dissemination of their private sexual images. Although defendant claims that section 11-23.5(b) will deter the free speech of persons who have legally and unconditionally obtained the private sexual images of others, her assertion is unpersuasive given the limited application of the statute and the fact that any possible overbreadth is minor when considered in light of the statute’s legitimate sweep. Defendant also contends that section 11-23.5 “criminalizes an adult complainant’s own stupidity at the expense of the [f]irst [a]mendent.” Yet this - 34 -

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