Last December, Illinois Governor Pat Quinn signed into law a measure banning the practice frequently called “revenge porn.” The law, which took effect on June 1st, has been hailed by victims’ advocates as the strongest of its kind in the country.
The act of posting of private, intimate photos and videos on the web is a growing problem in our increasingly digital society. Victims of revenge porn frequently suffer from embarrassment, injury to reputation, loss of current or prospective employment, and injury to personal relationships among other consequences. To protect against stalking and harassment, some victims have had to change their names, phone numbers, and addresses.
Now, the “non-consensual dissemination of private sexual images” is considered a Class 4 felony in Illinois, carrying a prison sentence of one to three years and fines up to $25,000. In addition, victims can receive restitution for any costs incurred. This law is considered the most aggressive in the country for a number of reasons.
First, victims are not required to prove that the poster intended to inflict emotional damage. Second, the law applies to images taken by the victim as well as images taken by someone else. Finally, the Illinois law includes not only images where the victim is “engaged in a sexual act,” but also where the victim’s “intimate parts are exposed, in whole or in part.”
Notably, the Illinois law does not provide for a civil cause of action. Although self-help techniques for requesting removal of photos from websites may be available, the assistance of an attorney can make all the difference since websites are often more responsive to communication from an attorney than the victim. Additionally, other remedies for victims may be available under copyright laws and invasion of privacy torts.
At Wentzel Law Offices, we are committed to protecting individuals’ rights. If you have been a victim of revenge porn, give us a call at (312) 697-0500 to schedule a consultation.