As criminal defense attorneys serving clients throughout Chicago, we know that technology can complicate legal matters in unexpected ways. One area that’s received growing attention in Illinois is the issue of “revenge porn“—the non-consensual distribution of intimate images. These cases are serious, often emotionally charged, and carry real criminal consequences under Illinois law.
Illinois has specific statutes in place to address revenge porn. If you or someone you care about is being investigated or charged, it’s important to understand what the law says and what penalties are at stake. Even a first-time offense can result in jail time, a permanent criminal record, and long-term damage to personal and professional relationships. At our firm, we’ve defended individuals accused of offenses like these, and we know how important it is to approach each case with both legal skill and discretion.
The Illinois statute addressing revenge porn is 720 ILCS 5/11-23.5. This law makes it illegal to intentionally distribute a private image of another person without that person’s consent, especially when the image was intended to remain private and shows nudity or sexual conduct. The statute applies even if the person originally consented to take the photo or video—it’s the act of distributing it without permission that leads to criminal charges.
Illinois Penalties For Revenge Porn
Under 720 ILCS 5/11-23.5, revenge porn is classified as a Class 4 felony. This is punishable by:
- 1 to 3 years in prison
- Up to $25,000 in fines
- Mandatory registration as a sex offender in certain cases
- Restitution to the victim
If the victim is a minor or if the offense involves harassment or coercion, the penalties can increase substantially. Multiple offenses or prior criminal history may also enhance sentencing.
Collateral Consequences Of A Conviction
Aside from prison and fines, a conviction for revenge porn can lead to long-term consequences:
- Loss of employment or difficulty finding work
- Damage to reputation and personal relationships
- Ineligibility for certain professional licenses
- Restrictions on internet use or contact with the victim
Because the consequences can be severe, it’s critical to speak with a defense attorney as soon as possible if you’re under investigation or facing charges.
Revenge Porn Criminal Defense Frequently Asked Questions
What Counts As Revenge Porn Under Illinois Law?
Revenge porn includes sharing or posting private, sexual, or nude images of another person without their consent, with the intent to harm, embarrass, or harass. Even if the image was originally taken with consent, distributing it later without permission can lead to criminal charges.
What If The Victim Gave Me The Image Willingly?
Consent to take or receive an image does not equal consent to share it. The law focuses on the distribution of the image without the subject’s permission. Even if the person gave you the photo, sharing it without clear, voluntary consent can still result in a felony charge.
Can Someone Press Charges For An Old Photo Or Video?
Yes. There is no requirement that the image be recently taken. If someone shares a private photo or video from months or even years ago without permission, it may still lead to prosecution if it violates the statute.
What If The Image Was Shared Through A Private Message?
Sharing through a private message can still be considered a violation if the person receiving the image was not authorized to have it and the subject did not give permission for the image to be distributed. Intent and consent remain key factors.
Can I Be Charged If I Didn’t Post It Publicly But Sent It To One Person?
Yes. Illinois law does not require public posting for the act to be considered a crime. Sending a private image to even one other person without the subject’s consent can lead to criminal charges if it was done intentionally and without legal justification.
Does The Law Apply If I Deleted The Image Afterward?
Deleting the image may help reduce harm, but it does not erase the act of distribution. If the image was shared before being deleted, you can still be charged and prosecuted.
What Defenses Are Available In Revenge Porn Cases?
Defenses may include lack of intent, mistaken identity, lack of evidence, or showing that the image was distributed with full consent. In some cases, the image may not meet the legal definition of “private” under the law. A defense attorney can evaluate the facts and advise on the best course of action.
Can I Face Civil Penalties For Revenge Porn Too?
Yes. In addition to criminal charges, the victim may sue you in civil court for damages. Under Illinois law, they can pursue compensation for emotional distress, loss of reputation, and other related harm.
What Should I Do If I’m Being Investigated For Revenge Porn?
Do not talk to law enforcement without a lawyer. Politely decline to answer questions until your attorney is present. Anything you say can be used against you, and an early mistake can make the case harder to defend.
Will A Conviction Show Up On My Record?
Yes. A conviction for a Class 4 felony will appear on your criminal record and can affect employment, housing, and personal relationships. In some cases, a skilled attorney can help negotiate a lesser charge or seek expungement after a certain period.
Call Our Chicago Sex Crime Attorney For A Free Consultation
At Edward Johnson & Associates, we know how complicated and sensitive these cases can be. If you’re facing a revenge porn investigation or charge, our team is here to listen, defend your rights, and work toward the best possible outcome for your situation.
Contact our Chicago sex crime attorney at Edward Johnson & Associates P.C. to receive a free consultation by calling 708-762-8666. We serve clients throughout the entire Chicagoland metro area. Do not wait—your legal defense starts now.