¶ 77
¶ 78
We next consider whether section 11-23.5 burdens substantially more speech
than necessary. Subsections (a) through (d) are relevant to our analysis. 720 ILCS
5/11-23.5(a)-(d) (West 2016).
Subsection (a) provides as follows:
“(a) Definitions. For the purposes of this Section:
‘Computer’, ‘computer program’, and ‘data’ have the meanings
ascribed to them in Section 17-0.5 of this Code.
‘Image’ includes a photograph, film, videotape, digital recording, or
other depiction or portrayal of an object, including a human body.
‘Intimate parts’ means the fully unclothed, partially unclothed or
transparently clothed genitals, pubic area, anus, or if the person is female, a
partially or fully exposed nipple, including exposure through transparent
clothing.
‘Sexual act’ means sexual penetration, masturbation, or sexual activity.
‘Sexual activity’ means any:
(1) knowing touching or fondling by the victim or another person or
animal, either directly or through clothing, of the sex organs, anus, or
breast of the victim or another person or animal for the purpose of sexual
gratification or arousal; or
(2) any transfer or transmission of semen upon any part of the
clothed or unclothed body of the victim, for the purpose of sexual
gratification or arousal of the victim or another; or
(3) an act of urination within a sexual context; or
(4) any bondage, fetter, or sadism masochism; or
(5) sadomasochism abuse in any sexual context.” Id. § 11-23.5(a).
Subsection (a) defines nonconsensual dissemination of private sexual images
narrowly, including limiting the crime to a confined class of content.
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