¶ 16 A. The Necessity for the Law ¶ 17 Section 11-23.5 addresses the problem of nonconsensual dissemination of private sexual images, which is colloquially referred to as “revenge porn.” Generally, the crime involves images originally obtained without consent, such as by use of hidden cameras or victim coercion, and images originally obtained with consent, usually within the context of a private or confidential relationship. Once obtained, these images are subsequently distributed without consent. Danielle Keats Citron & Mary Anne Franks, Criminalizing Revenge Porn, 49 Wake Forest L. Rev. 345, 346 (2014); see Adrienne N. Kitchen, The Need to Criminalize Revenge Porn: How a Law Protecting Victims Can Avoid Running Afoul of the First Amendment, 90 Chi.-Kent L. Rev. 247, 247-48 (2015). ¶ 18 The colloquial term “revenge porn” obscures the gist of the crime: “In essence, the crux of the definition of revenge porn lies in the fact that the victim did not consent to its distribution—though the victim may have consented to its recording or may have taken the photo or video themselves. As a result, the rise of revenge porn has (unsurprisingly) gone hand-in-hand with the increasing use of social media and the Internet, on which people constantly exchange ideas and images without asking permission from the originator.” (Emphasis in original.) Christian Nisttáhuz, Fifty States of Gray: A Comparative Analysis of ‘Revenge-Porn’ Legislation Throughout the United States and Texas’s Relationship Privacy Act, 50 Tex. Tech. L. Rev. 333, 337 (2018). Indeed, the term “revenge porn,” though commonly used, is misleading in two respects. First, “revenge” connotes personal vengeance. However, perpetrators may be motivated by a desire for profit, notoriety, entertainment, or for no specific reason at all. The only common factor is that they act without the consent of the person depicted. Second, “porn” misleadingly suggests that visual depictions of nudity or sexual activity are inherently pornographic. Mary Anne Franks, “Revenge Porn” Reform: A View From the Front Lines, 69 Fla. L. Rev. 1251, 1257-58 (2017); see Diane Bustamante, Florida Joins the Fight Against Revenge Porn: Analysis of Florida’s New Anti-Revenge Porn Law, 12 Fla. Int’l. U. L. Rev. 357, 364 (2017). ¶ 19 This is a unique crime fueled by technology: -5-