as examples of circumstances in which the statute would impermissibly restrict protected speech. ¶ 95 First, the circuit court stated that, because the statutory definition of “sexual activity” includes acts of “any bondage” or “fetter,” section 11-23.5(b) would criminalize the publication of news photographs of arrestees and prisoners, historic photographs of slaves, and publicity posters of escape artists. The circuit court’s conclusion is clearly wrong. It is firmly established that a court must view the statute as a whole, construing words and phrases in light of other relevant statutory provisions and not in isolation. People v. Casas, 2017 IL 120797, ¶ 18. Each word, clause, and sentence of a statute must be given a reasonable meaning, if possible, and should not be rendered superfluous. Id. The court may consider the reason for the law, the problems sought to be remedied, the purposes to be achieved, and the consequences of construing the statute one way or another. Id. Section 11-23.5(b) pertains only to the unauthorized dissemination of “private sexual images” and is intended to protect the privacy of victims from the unauthorized disclosure of discreet and personal portrayals. Although section 11-23.5(b) does not include a definition of “bondage,” Black’s Law Dictionary defines that term to mean “[t]he state or condition of being a slave; *** the condition or state of having one’s freedom limited[;] *** [t]he state or practice of being tied up for sexual pleasure.” Black’s Law Dictionary 216 (10th ed. 2014). Only that portion of the definition relating to “sexual pleasure” has any relevance in the context of section 11-23.5(b). Images depicting arrestees, prisoners, slaves, or escape artists are not sexual in nature and, therefore, do not fall within the purview of section 11-23.5(b). ¶ 96 We similarly reject the circuit court’s suggestion that section 11-23.5(b) would impose criminal liability on a person who discovers and shares with other family members nude sketches of his or her grandmother that were created by his or her grandfather but were discovered in an attic after her death. As noted above, we may consider the reason for the law, the problems sought to be remedied, the purposes to be achieved, and the consequences of construing the statute one way or another. Casas, 2017 IL 120797, ¶ 18. Obviously, the statute is intended to protect living victims from the invasion of privacy and the potential threat to health and safety that is intrinsic in the disclosure of a private sexual image. However, “the deceased by definition cannot personally suffer the privacy-related injuries that may plague the living.” Campbell v. United States Department of Justice, 164 F.3d 20, 33 (D.C. - 30 -

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières