Revenge porn is a crime that is gaining prominence in the age of social media. The law in Chicago took some time to catch up with the reality that some victims were being exposed to serious danger. By 2015, the state legislature had decided to write a law that set out the parameters for an effective prosecution. The leading instrument is 720 ILCS 5/11-46. At the moment revenge porn is considered to be a felony offense. In actuality, Chicago is in the minority when it comes to jurisdictions that have finally started criminalizing this type of behavior. Illinois is noted as the state with the strictest laws in this category. The crux of the offense is sharing nude or compromising images and videos of a person without his or her consent. One must have the unequivocal consent of a person in intimate images before those images can be shared.
It is entirely possible that images which are not extremely explicit can be considered to be part of a revenge porn offense. The charge can stick even if the person had originally consented to the recording of the image but was then unaware that the image was going to be distributed. Defense lawyers have argued that the definition is too wide and gives the court way too much discretion in determining what constitutes revenge porn. Chicago has different from other states in important ways as follows:
- The intention to cause harm is not necessary for the charge to stick. All that is required is that the images or videos were distributed. Malicious intent can be an aggravating factor but its absence does not remove the charge.