interest. Turner Broadcasting System, 512 U.S. at 662; Minnis, 2016 IL 119563,
¶ 44.
¶ 91
Because the invalidation of a statute on overbreadth grounds is “strong
medicine,” it is to be applied “only as a last resort” and where the statute is not
subject to a limiting construction. Broadrick, 413 U.S. at 613; see also Relerford,
2017 IL 121094, ¶ 51. If a statute is “ ‘readily susceptible’ ” to a narrowing
construction that will eliminate its substantial overbreadth, the statute must be
upheld. Virginia v. American Booksellers Ass’n, 484 U.S. 383, 397 (1988) (citing
Erznoznik v. City of Jacksonville, 422 U.S. 205, 216 (1975)); see also Hicks, 539
U.S. at 118-19.
¶ 92
To resolve defendant’s overbreadth argument, we must determine whether
section 11-23.5(b) impermissibly restricts constitutionally protected expression in
a substantial number of its applications when considered in relation to its “plainly
legitimate sweep.” See Stevens, 559 U.S. at 473; Williams, 553 U.S. at 292-93. As
explained above, the statute includes several elements that operate to significantly
limit its application.
¶ 93
In light of these detailed restrictions that serve to confine the sphere of
proscribed conduct, we conclude that section 11-23.5(b) is not overbroad. The
statute prohibits a certain and limited category of knowing conduct that involves
the unauthorized and intentional dissemination of an intensely personal image of
another person. It encompasses only an image of a private and sexual nature, which
the disseminator must know or understand is to remain private and which is
disclosed without the consent of the person depicted in the image. Given the
narrowly focused scope of section 11-23.5(b), we conclude that the statute does not
prohibit a substantial amount of protected speech when judged in relation to the
statute’s legitimate sweep. See Stevens, 559 U.S. at 473; Williams, 553 U.S. at 29293. As such, it does not burden substantially more speech than necessary to advance
its substantial governmental interest. Turner Broadcasting System, 512 U.S. at 662;
Minnis, 2016 IL 119563, ¶ 44.
¶ 94
Despite the fact that the statute includes the several narrowing factors
previously discussed, defendant argues that the circuit court correctly determined
that section 11-23.5(b) is unconstitutionally overbroad. As support of its
overbreadth determination, the circuit court posited several hypothetical scenarios
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