“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 -

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