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IL defense lawyerIn 2015, the state of Illinois made the act of distributing “revenge porn” a felony offense. This crime is when a person distributes private, intimate photos and videos without permission of the person in the images.

Illinois amended the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act - which covers revenge porn - so that victims of revenge porn can collect compensation starting the first of 2020.

What is Revenge Porn?

Typically, revenge porn occurs after a nasty breakup. One ex-partner unlawfully sends intimate material from their ex-partner in order to get back at them for the breakup. According to national statistics, 90 percent of revenge porn victims are female.

Under Illinois’s Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act, revenge porn includes pictures and/or videos of:

  • Sexual acts with a partner or solo
  • Exposure of a person’s intimate body parts
  • Intimate images of a person under 18 years old

Offenders are guilty of revenge porn if they knowingly distribute these types of images without the consent of the photographed person. Also, if the offender knew that the images were supposed to remain private, but they send them out anyway, they will be convicted accordingly.

Guilty parties will be charged with a Class 4 felony, punishable with a prison term of one to three years and a fine of up to $25,000.

New Amendment to the Law

When intimate photos of a person are distributed to people who were never supposed to see them, the victim can suffer more than just invasion of privacy:

  • Reputation can be harmed
  • If the images went to a boss or co-workers, the victim can lose their job
  • Younger victims in school can experience bullying
  • If put on the internet, the private photos will never go away and can harm a victim’s future goals - college, political aspirations, etc.

The humiliation and other repercussions a victim can experience because of revenge porn are why Illinois now allows those people to collect economic, emotional damages, and punitive damages.

The victim must report the crime and press charges within two years of the incident.

Offenders can defend the charges by proving - or attempting to prove - that they were not the ones that distributed the intimate images of the victim.

Contact an Elgin, IL Criminal Defense Attorney

Felony sex convictions come with a lot of punishments that will change a person’s life forever. Aside from prison and monetary fines, some sex charges come with a mandatory registration on the sex offender list. The lawyers of the Law Office of Brian J. Mirandola can help defend from serious punishments. To schedule a free consultation with a Kane County felony defense attorney, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/documents/072000050K11-23.5.htm

https://www.huffpost.com/entry/illinois-revenge-porn_n_6396436

https://www.nbcchicago.com/news/local/chicago-politics/new-illinois-laws-going-into-effect-in-2020/2191493/

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revenge porn, Kane County criminal defense attorneyWith the rise of digital technology and the ubiquitous photo capabilities of today’s cell phones, it is hardly surprising that people are exchanging intimate images of themselves with unprecedented frequency. According to various surveys and studies, as many as half or more of American adults have sent or received sexual content, with at least one report putting the number closer to 90 percent. While such behavior between consenting adults—relationship concerns aside—is completely legal, the situation changes drastically when explicit photos or videos of a person are being sent or posted without the subject’s consent. Non-consensual dissemination of private sexual images violates Illinois’ so-called revenge porn law, of which Plainfield woman has become acutely aware this week.

Former Longtime Friends

The Chicago Tribune and other news outlets are reporting that a 38-year-old woman has been charged with non-consensual dissemination of private sexual images for posting topless pictures of her former friend on social media sites. Reports indicate the victim, a 34-year-woman from Riverside, told police that sexually explicit photos of her were posted without her permission on Facebook and Snapchat, and that the perpetrator had left her messages saying there were many other images of her "out in the public."

During their investigation, officials traced photos, voicemails, and other electronic data to the suspect. Police also discovered that the explicit images had been sent by email to several members of the victim’s family.

Revenge Porn Felony Charges

The Illinois statute prohibiting non-consensual dissemination of private sexual images went into effect in June of last year. It was enacted as part of a nationwide effort to protecting victims—an estimated 90 percent of whom are women—and prosecuting those who violate victims’ trust. The law applies not only to acquaintances of victims but also to strangers and hackers spreading intimate images without the person’s consent.

According to the law, it is illegal for a person to disseminate, electronically or otherwise, an explicit image of an adult who can be identified either by the image itself or through information displayed along with it. Explicit, in this context, means the photo depicts sexual activity or exposed "intimate parts," as statutorily defined. Further, the offender must have obtained the image in such a way that a reasonable person should know that it was meant to be private, and that he or she knows or should know that the subject of the image did not consent to the dissemination. Such an offense is a Class 4 felony, and a conviction could result in up to three in years in prison and up to $25,000 in fines.

Skilled Legal Representation

As a relatively new law, many Illinois residents may not be aware of the revenge porn statute’s existence, so if you are facing charges related to such activity, you may not fully understand your available options. Contact an experienced Elgin criminal defense attorney today to discuss your case. We will work hard in protecting your rights and safeguarding your future. Call 847-488-0889 to schedule your free consultation at The The Law Office of Brian J. Mirandola.

Sources:

http://www.nbcnews.com/tech/mobile/scandalous-stats-half-adults-phones-contain-sexting-content-n22121

http://commonhealth.wbur.org/2015/08/sexting-adults-relationships

http://www.chicagotribune.com/suburbs/bolingbrook-plainfield/news/ct-riverside-facebook-photo-arrest-0319-20160318-story.html

http://abc7chicago.com/news/plainfield-woman-charged-with-posting-ex-friends-topless-photos/1251227/

http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=098-1138

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