“unconditional” disclosure of such an image imposes no duty on the recipient to
keep the image private and operates to relinquish all privacy rights of the person
depicted therein. Defendant offers no legal support for this assertion, and we have
held above that the sharing of a private sexual image is a truly private matter.
Moreover, acceptance of defendant’s argument would impose the strictures of a
commercial transaction on personal and intimate communications by requiring that
the person portrayed elicit an express promise from the recipient that the image will
be kept private. Defendant has not cited any authority holding that due process
requires such formality. Consequently, we reject defendant’s argument that a
person who receives a private sexual image acquires an ownership interest that
entitles him or her to do with it as he or she sees fit, including dissemination to
others without the consent of the person portrayed. See Thompson, 108 Ill. 2d at
368 (recognizing that a government may exercise its police power to regulate or
restrain conduct that is harmful to the public welfare, even where the regulation or
restraint may interfere with the property rights of an individual); Warren, 11 Ill. 2d
at 424-25 (same).
¶ 119
As a final matter, we observe that section 11-23.5 is “regarded as the country’s
strongest anti-revenge-porn legislation yet” (internal quotation marks omitted)
(Bustamante, supra, at 388) and has been proposed as the model for a federal statute
targeting the nonconsensual dissemination of private sexual images (Souza, supra,
at 118-20). Indeed, section 11-23.5 is regarded as “a model for all state revenge
porn laws.” Schein, supra, at 1981-88. Based on the foregoing, we find that section
11-23.5 does not unconstitutionally restrict the rights to free speech and due process
on the grounds asserted by defendant.
¶ 120
III. CONCLUSION
¶ 121
For the foregoing reasons, the judgment of the circuit court of McHenry County
is reversed, and the cause is remanded to the circuit court for further proceedings.
¶ 122
Reversed.
¶ 123
Cause remanded.
- 38 -
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents