Chicago Criminal Lawyer Blog
The Nonconsensual Pornography Act is a D.C. statute drafted in 2014 to address the problem of revenge porn. Recently, a 25-year-old Chicago man was charged under the statute after he posted several images of women without their consent. Several states have moved to criminalize revenge porn. Now, the 25-year-old Chicago man will spend the next five years in prison for unlawfully distributing sexual images of women without their consent. He was further accused of stalking witnesses who were to provide testimony against him.
He pleaded guilty to two counts of unlawful publication, two counts of stalking, and a felony count of making threats against a witness.
Does Illinois Have a Revenge Porn Law?
Yes. Illinois’ revenge porn law has been described as the strictest of its kind in the nation. Any intimate image that is shared without the consent of the individual depicted can qualify as revenge porn. It does not matter if the image was taken with the consent of the person depicted. They must also give consent to share or distribute the image.
One of the major factors that differentiate Illinois’ law from other states is that the prosecution does not need to prove that the victim and the defendant had a previous relationship. In most states, that is a prerequisite for revenge porn. However, the standard for hackers or third parties is different from the standard used for former partners. A third party can be cited for publishing or distributing an image if a reasonable person would have known that the image was meant to be private. In other words, the law would trap third parties who distribute images of people they have never met.
It is important to understand that the individuals who wrote the text of the law saw revenge porn in the same light as sexual assault. When you look at it through the lens of the case described above, then, of course, it is sexual assault. The defendant was attempting to abuse the victim using sexual humiliation. However, holding a third party that came into possession of an image to the same standard as someone who is employing a digital form of sexual assault could create a situation where an individual accidentally becomes a sex offender. This has happened to those accused of possessing child pornography. In some cases, the women depicted were over the age of 18, but that did not stop prosecutors from using “expert witnesses” to testify to the contrary.
So, there are problems with the law, but in general, it serves a good social function and prevents defendants from using the First Amendment for the purposes of harassment.
Talk to a Chicago Criminal Defense Attorney Today
David Freidberg represents the interests of Chicago residents accused of sex crimes like revenge porn. Call today at (312) 560-7100 to schedule an appointment, and we can begin preparing your defense immediately.
