There are few criminal charges that carry a heavier stigma than child pornography charges. Child pornography can involve the sexual exploitation of children and result in harm to young victims. These charges in Illinois are taken very seriously. Penalties imposed upon conviction can include costly fines, a lengthy prison sentences, and many other consequences that will affect an offender for the rest of his or her life. Not to mention how difficult it will be to integrate into post-conviction life with a crime with such a stigma on your record.
If you have been charged and arrested with making, possessing, or distributing child pornography in Illinois, contact a criminal defense attorney immediately. The legal team at Dolci & Weiland have the expertise and experience to provide with viable options and defend your charges accordingly. We believe that the key to a favorable outcome is to be accessible to you when you need us, answer any questions you have about your case and provide you with a solid defense.
Child Pornography Laws in Illinois
Under Illinois statutes (720 ILCS 5/11-20.1), child pornography is defined as any depiction, either be film, video, or photo, of an individual under the age of 18 who is nude or engaged in a sex act or any sexual conduct.
It is against the law to possess, produce, make, or distribute material that is considered child pornography. It is also a crime to solicit, use, persuade, induce, entice, or force a person under the age of 18 or intellectually disabled to perform in child pornography (720 ILCS 5/11-20.1(a)(7).)
Essentially, you can be charged and convicted of a child pornography offense if it is proven beyond a reasonable doubt that you did any of the following:
- Sent a text containing sexually explicit content to an individual who is under the age of 18, or encouraging a minor to send you sexual content;
- Possessed images of a person under the age of 18 that is considered pornographic in nature, whether it be tangible or on a computer hard drive;
- Distributed child pornography in person, through the mail, or over the internet
- Downloaded materials that are considered child pornography on the internet
- Produced child pornography videos, photographs, or digital media; or
- Sold child pornography
It is dangerously easy to end up with materials considered child pornography in your possession. Merely opening an email or a text can lead to serious penalties. Even if you didn't realize that the material involved a minor, you can still be convicted. Law enforcement, both federal and state, have become increasingly involved in the pursuit of perpetrators of this crime. There are whole task forces utilized to capture people who commit this crime in any capacity.
Penalties for Child Pornography Offenses in Illinois
In Illinois, all child pornography charges are felonies. The degree of the felony depends on the nature of the crime.
The majority of child pornography crimes as charged as Class 1 felonies, punishable by 4 to 15 years of prison time. This could be subject to change based on the quantity of child pornography one has possessed, distributed, or produced.
If a child depicted in pornographic material is under the age of 13, charges for production, solicitation, or distribution are prosecuted as Class X felonies. This crime is punishable by 6 to 30 years of imprisonment.
Registration as a Sex Offender
Although the prison terms for child pornography can be lengthy, it isn't the only legal penalty for offenders. The most serious and damaging punishment a person can face if convicted of a child pornography crime may be having to register yourself on the Illinois Sex Offender Registry. This is an online database that will provide a photo of the alleged offender, along with other personal details, like their birthdate, address, and age.
The consequences of being registered on the Sex Offender Registry are severe. Individuals on the registry are generally forbidden from occupying locations where children are often present, like parks and schools. The people in a registrants neighborhood will be notified every time they move, and employers, and renters can deny registrants access to employment and housing due to their placement on the registry.
Potential Defenses for a Child Pornography Charge
An Illinois criminal defense attorney has the expertise and knowledge to utilize potential defenses to reduce the severity of your sentence. In some cases, a legal defense may be so convincing that it causes your charges to be dropped altogether. There is one affirmative defense to child pornography crimes.
You did not know - and could not have reasonably known - that the individual in the pornographic material was under 18 years of age. This defense may be asserted if a defendant reasonably believed, under all circumstances, that a child was over 18 prior to the acts that gave rise to prosecution. The defense must have been proactive in attempting to find out the individual's age, or made a “bona fide inquiry,” before coming to the false but “reasonable” conclusion that the individual was over 18.
Simply put, an attorney can assert this defense if:
- The defendant reasonably believed the child to be 18 or older at the time of the criminal act
- The defendant steps to make some kind of inquiry or investigation, and
- The defendant's reliance on this inquiry was reasonable.
Charged with Child Pornography in Illinois? Contact Dolci & Weiland Immediately
As you can see, the stakes are high for people arrested and charged with a child pornography offense in Illinois. If you are in this predicament, it's critical you secure the representation of a criminal defense attorney right now. You should never defend yourself in any case, let alone one as serious as this one, and you won't have to with the legal professionals at Dolci & Weiland in your corner.
In these cases especially, it is best to obtain an attorney upon immediate notice of your charges. To speak with a member of our team, fill out an online case evaluation form or give us a ring at the office closest to you today. The number for our downtown Chicago location is 312-238-9007, for our DuPage office, call 630-261-9098.