I’ve been charged with Non-consensual dissemination of private sexual images (a/k/a revenge porn) in Illinois. Now what?

First, do not cooperate with the police. Do not expect that you will be able to talk yourself out of this mess. The alleged victim is fuming and has already made a police report. At this point, your best bet is to politely decline answering any questions and request to speak with a lawyer. Call Dreifuss Law: 847-893-9399

Second, once you get home, do not contact the alleged victim. Do not send an apology email, text or voicemail. Do not try and make any settlement offer. Any contact you make with the complaining witness will be used against you in court and will almost certainly hurt the defense of your case.

Third, do not try to delete videos, pictures or messages from your phone. Most likely the police already have most of the evidence they will use against you. And if they want more, they will need a warrant. It is incredibly difficult–nearly impossible–to totally delete all data from a computer or smart phone. Do not even try. Police forensic technicians can recover all sorts of once-deleted material. Not only could this be construed as a separate criminal offense (obstruction of justice, destruction of evidence) but your act of deletion will be used as evidence of your “consciousness of guilt” at trial. In other words, as slick as you may think you are trying to be, you are probably doing more harm than good!

With a video camera on nearly every phone, the potential for these types of cases is enormous. Long are the days when a couple had to set up a camcorder with a tripod and find a blank VHS tape to document their sensual, private evening. As a result of the smartphone boom, couples’ sex tapes are being produced in record numbers.

When a relationship sours, that is when these private, intimate videos of people at their most vulnerable can be used to hurt the ex. And that is how the term “Revenge Porn” was created. (This crime is not limited to videos and also includes photos.)

As of June 1, 2015, Illinois Criminal Code created the new offense of Non-consensual Dissemination of Private Sexual Images. 720 ILCS 5/11-23.5.

A person commits non-consensual dissemination of private sexual images when he or she:

(1) intentionally disseminates an image of another person:

(A) who is at least 18 years of age; and

(B) who is identifiable from the image itself or information displayed in connection with the image; and

(C) who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part; and

(2) obtains the image under circumstances in which a reasonable person would know or understand that the image was to remain private; and

(3) knows or should have known that the person in the image has not consented to the dissemination.

The definition of “sexual activity” is extremely broad and covers a wide range of potential activities:

“Sexual activity” means any:

(1) knowing touching or fondling by the victim or another person or animal, either directly or through clothing, of the sex organs, anus, or breast of the victim or another person or animal for the purpose of sexual gratification or arousal; or

(2) any transfer or transmission of semen upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or another; or

(3) an act of urination within a sexual context;

or

(4) any bondage, fetter, or sadism masochism; or

(5) sadomasochism abuse in any sexual context.

Revenge porn is a Class 4 felony in Illinois.

If you have been charged with Non-consensual Dissemination of Private Sexual Images, contact us now to begin preparing your defense.

Dreifuss, P.C. is a full-service criminal defense law firm available to handle all of your defense needs from Chicago to Waukegan and Nationwide. We are available to represent you or a loved one charged with the most serious crimes in state and federal courts. Please contact us at 847-893-9399 to schedule a free, in-office consultation.

This post does not create an attorney-client relationship and is not intended to provide legal advice. This post is for informational purposes only. We welcome your calls, e-mails, or letters, but please do not send any confidential or time-sensitive information until an attorney-client relationship is established. Each case is unique, and past performance does not guarantee future results.