portrayed in the image has consented to its disclosure, the statute simply does not
apply and poses no restriction on the distribution of the image to others.
¶ 83
Fifth, the statute specifically requires that the dissemination of private sexual
images be intentional. Id. § 11-23.5(b)(1). Therefore, the probability that a person
will inadvertently violate section 11-23.5(b) while engaging in otherwise protected
speech is minimal.
¶ 84
Section 11-23.5 also includes several specific exemptions. Subsection (c)
provides as follows:
“(c) The following activities are exempt from the provisions of this Section:
(1) The intentional dissemination of an image of another identifiable
person who is engaged in a sexual act or whose intimate parts are exposed
when the dissemination is for the purpose of a criminal investigation that is
otherwise lawful.
(2) The intentional dissemination of an image of another identifiable
person who is engaged in a sexual act or whose intimate parts are exposed
when the dissemination is made for the purpose of, or in connection with,
the reporting of unlawful conduct.
(3) The intentional dissemination of an image of another identifiable
person who is engaged in a sexual act or whose intimate parts are exposed
when the images involve voluntary exposure in public or commercial
settings.
(4) The intentional dissemination of an image of another identifiable
person who is engaged in a sexual act or whose intimate parts are exposed
when the dissemination serves a lawful public purpose.” Id. § 11-23.5(c).
These exemptions shield from criminal liability any dissemination of a private
sexual image that advances the collective goals of ensuring a well-ordered system
of justice and protecting society as a whole. In addition, subsection (c)(3)
recognizes that public disclosure has been sanctioned based on the very nature of
such an image. Finally, the statute does not apply to electronic communication
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