Can You Be Charged for Sharing Explicit Images Without Consent?

 Posted on October 16, 2025 in Sex Offenses

When you share personal photos through texts or social media, potential legal consequences are probably the last thing you are thinking about. However, if you are accused of sharing explicit images, you could face serious charges. The laws that govern these cases are complex, and there is room to challenge the allegations. Our Naperville, IL internet sex crimes defense lawyer can help. You have the right to fight the charges, and together, we will build a strong defense strategy based on the details of your case. 

What Does Illinois Law Say About Non-Consensual Image Sharing?

Illinois law, under 720 ILCS 5/11-23.5, addresses non-consensual dissemination of private sexual images. To be guilty, you must intentionally send, post, or share a sexual image of another person knowing that the person in the image did not agree to share it. The law also says the photo or video must have been taken in private, under circumstances where a reasonable person would expect it to stay private.

This offense is usually a Class 4 felony, which can mean one to three years in prison and fines up to $25,000. Certain conditions can make the charge more serious. Sharing an image to harm someone or to get money can raise the offense to a Class 3 felony with harsher penalties. If the victim is a minor, the penalties can increase even further.

What if I Shared Explicit Photos Without Bad Intentions?

Intent is very important in these cases. Prosecutors have to prove that you intentionally shared the image, knowing that the person in it did not consent.

You can be charged without even knowing that you shared something explicit. For example, maybe your phone was hacked. Maybe a friend accessed your account and sent the image without permission. Or maybe you shared a photo, not realizing it showed something private. In these cases, you might not meet the law’s requirement of acting "intentionally."

Context also matters. In many relationships, both people share photos willingly. If the relationship ends, it can be hard to prove whether you had permission to share the image later.

Possible Defenses in a Non-Consensual Image Sharing Case

Lack of intent is a common defense, but depending on what happened, some other ways we may approach your case include:

• Insufficient evidence: The prosecution cannot clearly show that you were responsible for posting or sending the image.

• No reasonable expectation of privacy: The photo or video was already public or not taken in a private setting.

• Problems with digital evidence: Investigators may have lost, changed, or failed to properly document data during collection.

• Violation of your rights: Police may have searched your device or online accounts without a valid warrant or proper legal authority.

Evidence such as messages, timestamps, and device history can be used to prove your innocence.

Schedule a Free Consultation With a Naperville, IL Internet Sex Crimes Defense Attorney

Being charged for sharing explicit images without consent can affect every part of your life. A conviction has an even more profound impact. Strong legal representation is your best chance at fighting the charge. Attorney Phil Nathe, a former Assistant State’s Attorney in DuPage County, understands how prosecutors build these cases, which means he also knows how to fight them.

If you need help, contact Law Office of Philip R. Nathe at 630-416-7600 to speak with a Naperville, IL internet sex crimes defense lawyer who has over 25 years of legal experience. Start building your defense today.