People v. Devine

Defendant appealed from his conviction following a bench trial for nonconsensual dissemination of sexual images, a Class 4 felony, arguing the State failed to prove that he disseminated images when he sent them to himself and no one else. He also disputed that the person in the images was identifiable. The appellate court agreed, finding, in part, that dissemination required distribution by the defendant of the photos to another person. The court further found the evidence was sufficient to prove defendant guilty beyond a reasonable doubt of disorderly conduct. and used its authority under SCR 615(b)(3) to reduce defendant's conviction to disorderly conduct and remanded for resentencing. (SCHOSTOK and HUDSON, concurring)