Illinois’ Strict Revenge Porn Law

 Posted on July 13, 2015 in Sex Crimes

Google made big news recently when it announced its decision to remove nude or sexually explicit images posted on the internet without consent from its search results. The practice of posting private sexual images without the consent of the person in the pictures is commonly referred to as “revenge porn.” This name comes from the practice of jilted lovers posting intimate pictures of an ex once a romantic relationship has ended. Historically there were few laws governing this practice. However, Illinois recently passed a strict criminal law that deals with this issue.

Illinois Passed a Strict Law against Revenge Porn

In December of last year, former Governor Quinn signed a strict anti-revenge porn law into effect before leaving office. This law goes so far as to make it a felony to post sexually explicit photos or videos of another person online without his or her consent. This new law just went into effect on June 1. The crime is a Class 4 felony, which can be punished by one to three years in prison and a fine of up to $25,000. Additionally, if a person who posts these images makes money off of them or receives any goods in exchange for posting them, the law requires that the money or goods be forfeited. The law does not just cover pornographic websites. It also prohibits the posting of these images without consent on other types of websites, including social media websites.

Many states still have no laws making revenge porn a crime. What makes Illinois somewhat unique is that not only does state law make this practice criminal, it actually makes it a felony. This means that people convicted under the law may face long-term consequences in addition to any imprisonment or fine. Convicted felons lose rights to gun ownership, for example. They can also lose the right to sit on a jury or vote in certain parts of the country. Sometimes felons are not eligible for government assistance, and a felony conviction can seriously impact a person’s ability to get and keep a job despite “ban the box” laws.

What about the First Amendment?

Some critics of this type of law argue that they violate our right to freedom of speech under the First Amendment. Obviously the Illinois law has not been litigated yet, being that it is brand new. However, laws in other states have been challenged by organizations like the ACLU on these very grounds. Only time will tell how First Amendment arguments play out regarding these laws and Illinois’ law specifically.

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