People v. Devine

Defendant was found guilty of nonconsensual dissemination of private sexual images and sentenced to 180 days in jail and 18 months of probation. Defendant appealed, arguing that the State failed to prove him guilty beyond a reasonable doubt. The appellate court agreed and reduced his conviction to disorderly conduct. The supreme court affirmed the appellate court, finding that while it disagreed with the appellate court’s conclusion that the defendant had not disseminated the photos when he sent them to himself, the conviction nonetheless could not stand because the victim was not identifiable from the images. (THEIS, NEVILLE, CUNNINGHAM, and O’BRIEN, concurring and OVERSTREET and HOLDER WHITE, dissenting)