¶ 13
Defendant responds by contending that the circuit court correctly found the
statute to be unconstitutional because it outlaws protected content-based speech in
violation of the United States and Illinois Constitutions. U.S. Const., amend. I; Ill.
Const. 1970, art. I, § 4. She further argues that the distribution of nude images that
have been disclosed to another person is constitutionally protected because such
images are not truly private facts as the State contends.
¶ 14
The issue of whether a statute is constitutional presents a question of law, which
we review de novo. People v. Minnis, 2016 IL 119563, ¶ 21. All statutes are
presumed to be constitutional, and the party challenging a statute’s constitutionality
bears the burden of clearly establishing its invalidity. Id. In addition, a court must
construe a statute so as to uphold its constitutionality, if reasonably possible. Id.
¶ 15
To resolve this appeal, we must construe section 11-23.5(b) because a court
cannot determine whether a statute reaches beyond constitutional limits without
first knowing what the statute covers. Id. ¶ 25 (citing United States v. Stevens, 559
U.S. 460, 474 (2010)). When presented with an issue of statutory construction, this
court’s primary objective is to ascertain and give effect to the intent of the
legislature. Oswald v. Hamer, 2018 IL 122203, ¶ 10; Minnis, 2016 IL 119563, ¶ 25.
The most reliable indicator of legislative intent is the language of the statute, given
its plain and ordinary meaning. Oswald, 2018 IL 122203, ¶ 10; Minnis, 2016 IL
119563, ¶ 25. A court will not read language in isolation and must view the statute
as a whole, construing words and phrases in light of other relevant statutory
provisions. Carmichael v. Laborers’ & Retirement Board Employees’ Annuity &
Benefit Fund, 2018 IL 122793, ¶ 35; Oswald, 2018 IL 122203, ¶ 10. Each word,
clause, and sentence of a statute must be given a reasonable meaning, if possible,
and should not be rendered superfluous. Oswald, 2018 IL 122203, ¶ 10; MurphyHylton v. Lieberman Management Services, Inc., 2016 IL 120394, ¶ 25.
Additionally, we must presume that the legislature did not intend to create absurd,
inconvenient, or unjust results. Carmichael, 2018 IL 122793, ¶ 35; Minnis, 2016 IL
119563, ¶ 25. It is also proper for the court to 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. Carmichael, 2018 IL 122793, ¶ 35;
Murphy-Hylton, 2016 IL 120394, ¶ 25.
-4-
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