¶ 72 Defendant’s contention overlooks the fundamental difference between civil and criminal law. “The civil action for a tort *** is commenced and maintained by the injured person, and its primary purpose is to compensate for the damage suffered at the expense of the wrongdoer.” Prosser and Keeton on the Law of Torts § 2, at 7 (W. Page Keeton et al. eds., 5th ed. 1984). The distinction between a tort and a crime “lies in the interests affected and the remedy afforded by the law.” Id. “The criminal law is concerned with the protection of interests common to the public at large, as they are represented by the entity which we call the state; often it accomplishes its ends by exacting a penalty from the wrongdoer.” Id. § 1, at 5. ¶ 73 Civil actions are inadequate. “[M]any civil remedies are not only insufficient or unrealistic, but also counterintuitive in terms of their supposed redress or the harm victims suffer.” Bustamante, supra, at 368. Scholars have explained as follows: “Civil suits based on privacy violations are problematic. Most victims want the offensive material removed and civil suits almost never succeed in removing the images due to the sheer magnitude of dissemination. Highly publicized trials often end in re-victimization. Civil litigation is expensive and time-consuming, and many victims simply cannot afford it. It is difficult to identify and prove who the perpetrator is for legal proceedings because it is so easy to anonymously post and distribute revenge porn. Even when victims can prove who the perpetrator is in court and win money damages, many defendants are judgment-proof so victims cannot collect. *** Further, a court order requiring a defendant or website to remove the images would fail to remove the images from the web entirely, particularly as they appear on numerous sites. Because most perpetrators are judgment-proof, and injunctive relief may be difficult to obtain and would ultimately fail to remove the images, civil suits are poor remedies. As perpetrators frequently have nothing to lose, which is why they engage in this behavior in the first place, civil suits do not deter revenge porn.” (Internal quotation marks omitted.) Kitchen, supra, at 251-53. Accord Souza, supra, at 111-15; Citron & Franks, supra, at 357-59. - 22 -