Revenge Porn Laws in Illinois (2026): Your Rights and What to Do
Illinois is one of the strictest states in the country on this. Where most states start with a misdemeanor, Illinois treats non-consensual dissemination of private sexual images as a Class 4 felony from the first offense, punishable by one to three years in prison. The state also has a dedicated civil statute, amended in 2023 to reach digitally altered images. Here is how both work.
Illinois at a Glance
- Statute
- Non-consensual dissemination of private sexual images — 720 ILCS 5/11-23.5
- Criminal classification
- Class 4 felony; Class 3 felony for a second or subsequent offense
- Maximum penalty
- 1 to 3 years for a first offense; 2 to 5 years for a repeat offense; fine up to $25,000
- Can you sue?
- Yes — Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act, 740 ILCS 190
- Time limit to sue
- Two years after the dissemination was discovered or reasonably should have been discovered; two years after a threat for threat-based claims
- Deepfakes / AI images
- Covered
Is Revenge Porn Illegal in Illinois?
Yes, and it is a felony. Section 11-23.5 of the Criminal Code makes it an offense to intentionally disseminate an image of another person who is identifiable, who is at least 18, and who is engaged in a sexual act or whose intimate parts are exposed, where the person obtained the image under circumstances in which a reasonable person would know it was to remain private, and knows or should know the person has not consented to dissemination.
The Illinois Supreme Court upheld the statute against a First Amendment challenge in People v. Austin in 2019, treating it as a content-neutral restriction serving a substantial privacy interest. That decision is one reason the Illinois law has held up where other states had to redraft.
Penalties for Non-consensual Dissemination in Illinois
A first offense is a Class 4 felony, carrying a standard sentencing range of one to three years and a fine of up to $25,000. A second or subsequent violation is a Class 3 felony, carrying a standard range of two to five years.
Separate, substantially more serious child-exploitation laws apply when the person depicted is a minor. Sentencing in an individual case depends on the charges, criminal history, and other facts.
Can I Sue in Illinois?
Yes. The Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act, 740 ILCS 190, provides a civil cause of action with damages, attorney fees and costs, and injunctive or other equitable relief. Statutory damages may be available under the Act.
Section 30 sets an express deadline: generally two years after the dissemination was discovered or reasonably should have been discovered. For a claim based on a threat to disseminate, the period is two years from the threat.
Does Illinois Law Cover Deepfakes and AI Images?
On the civil side, yes. Public Act 103-0294, enacted in 2023, amended 740 ILCS 190 to cover digitally altered sexual images, providing a civil route for qualifying AI-generated or face-swapped depictions.
The criminal statute defines images around depictions of an actual person, so its application to wholly synthetic material is less certain. Federal law separately covers qualifying digital forgeries and provides a platform notice-and-removal route.
What to Do Right Now If Your Images Were Shared in Illinois
- 1
Save the Evidence Now
Screenshot the image, post, account, URL and all related messages, with dates. Store them somewhere the other person cannot reach. Do not confront the poster before you have copies.
- 2
Report to the Platform
Use the dedicated non-consensual intimate imagery route. Covered platforms must handle valid TAKE IT DOWN Act requests within 48 hours. Keep the reference numbers.
- 3
Hash Your Images with StopNCII.org
The hash is generated on your own device and only the hash is shared with participating platforms, which then block matching uploads. Your image is never uploaded anywhere.
- 4
Report to Illinois Law Enforcement
File with your local police department and cite 720 ILCS 5/11-23.5 by number - this is a felony, so make sure the report reflects that. The Illinois Attorney General's Crime Victim Services division can assist.
- 5
Bring a Claim Under 740 ILCS 190
The civil act offers statutory and punitive damages, attorney fees, and orders requiring removal and destruction of the images, with privacy protections during the case.
Be Safer With a Written NDA as Evidence
Most of Illinois's law is about what happens after the damage is done. The one thing you can do beforehand is put the boundary in writing. A Discreetly agreement is signed by both people, timestamped, and identity-verifiable, and it states plainly that neither person has consent to share, publish or show the material to anyone else.
Where the law turns on the absence of consent to share, a signed agreement may provide useful documentary evidence that there was no consent to share. It cannot prevent a breach or guarantee a legal outcome, but it can make the agreed boundary clearer than relying only on informal messages. Creating one is free.
Create a free agreementIllinois: Frequently Asked Questions
Is revenge porn a felony in Illinois?
Is the Illinois law constitutional?
Can I sue as well as report it?
What if I consented to the photo being taken?
Does Illinois cover AI-generated fakes?
Sources
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This page provides general information about Illinois law and is not legal advice. Laws change and outcomes depend on the facts. For advice on your situation, speak to a qualified attorney licensed in Illinois. Last reviewed August 2026.