Revenge Porn in Illinois

Illinois has criminalized revenge porn—the posting or distributing of intimate photographs, images, or videos of another person without their consent. The crime is referred to as the "nonconsensual dissemination of private sexual images" in Illinois. In keeping up with AI technology and deepfakes, Illinois lawmakers added a new revenge porn law that applies to unlawful dissemination of "sexually explicit digitized depictions."

What Is Revenge Porn?

Revenge porn is a form of nonconsensual pornography (NCP) or nonconsensual distribution of intimate images (NDII) that often involves a scorned or disgruntled ex-partner posting nude or revealing photos or videos of the other person, or photos or videos of the two people engaged in sexual acts. But anyone can engage in revenge porn, including strangers who hack into others' accounts or devices and post or share images they find. With AI and other tools, it's also possible for anyone to create or alter and share fake sexually explicit images or videos that realistically depict a person.

How Illinois Law Defines Revenge Porn

A person commits revenge porn in Illinois by intentionally and without consent posting, publishing, or distributing "private sexual images" or "sexually explicit digitized depictions" of another. Illinois's two revenge porn laws share several definitions. Both involve images (fake or real) showing sexual activity or the intimate parts of a known or identifiable person who didn't consent to its distribution.

Intimate parts include partially or completely exposed genitals, pubic area, anus, or a woman's nipple. Partially exposed includes exposure through see-through clothing.

Sexual activity includes penetration, masturbation, and other sexual acts, such as touching and fondling of intimate parts for sexual gratification or arousal, directly or through clothing. Bondage and sadomasochistic acts are also considered sexual acts.

Identifiable or known. To fall under these crimes, the person depicted in the image must be:

• identifiable from the image itself
• known to the person disseminating the image, or
• identified through personal information displayed in connection with the image.

This type of personal identifying information might include the victim's name, address, contact information, government ID numbers, financial account numbers, user names, or other personal information.

(720 Ill. Comp. Stat. 5/11-23.5, 5/11-23.7 (2025).)

What Images Are Covered Under Illinois' Revenge Porn Laws?

Illinois' two revenge porn laws cover nonconsensual distribution of private sexual images and sexually explicit digitized depictions.

Nonconsensual Dissemination of Private Sexual Images

A sexual image is private under Illinois law if the accused:

• obtained the image under circumstances a reasonable person would know it was meant to remain private, and
• knew or should have known the depicted person did not consent to its distribution.

A reasonable expectation of privacy can exist even if the depicted person originally sent the image or agreed to take the image. For instance, if Victor sexts an explicit image to Dani (and only Dani) during their two-year relationship, this doesn't mean Victor has consented to Dani releasing that image to others. A reasonable person in Dani's shoes would know the image was meant to be private and Victor didn't want others to see it.

Nonconsensual Dissemination of Sexually Explicit Digitized Depictions

Sexually explicit digitized depictions are images, photos, videos, or digital recordings or images that have been created, altered, or otherwise modified to realistically—but falsely—depict someone engaging in sexual activities or exposing intimate parts.

Distributing an AI or other realistic sexually explicit depiction of someone who is known or can be identified is a crime if the person disseminating the image did so without the depicted person's consent.

(720 Ill. Comp. Stat. 5/11-23.5, 5/11-23.7 (2025).)

What Are the Penalties for Revenge Porn Crimes in Illinois?

Both forms of revenge porn are class 4 felonies in Illinois. A convicted person faces one to three years of prison time or up to 30 months on probation, plus a fine of up to $25,000. If the defendant has a prior conviction for a Class 4 or more serious felony within the past 10 years, the judge may impose an extended term of three to six years in prison.

(730 Ill. Comp. Stat. 5/5-4.5-45, 5/5-5-3.2 (2025).)

Can Victims of Revenge Porn Sue in Illinois Civil Court?

Yes, Illinois created a civil cause of action for victims of revenge porn. The law covers both types of revenge porn—those involving private sexual images or digitally altered images. The depicted person (plaintiff) must prove they could be identified from the image and suffered harm from its distribution or threatened distribution. If the plaintiff wins, the defendant may have to pay actual damages for any harm done (including emotional harm) or statutory damages (for each dissemination), plus punitive damages and attorneys' fees.

(740 Ill. Comp. Stat. 190/1 to 190/30 (2025).)

Resources for Victims of Revenge Porn

The Cyber Civil Rights Initiative (CCRI), a non-profit devoted to helping victims of revenge porn (NCP or NDII), has published an online guide to the steps victims can take. Victims can also contact the CCRI Image Abuse Helpline at 844-878-2274. Other resources include the National Domestic Violence Hotline and NetSmartz (for kids and teens).

Getting Legal Help

Nonconsensual pornography is a serious crime. If you've been charged with a revenge porn crime in Illinois, contact a criminal defense attorney for information about your rights, possible defenses, and representation. Ask the court for a public defender if you can't afford a private attorney.