Pornography laws in Illinois cover the severe crime of child pornography. The state of Illinois has some heavy regulations and strict punishments for individuals charged with these accusations. In this article by Congdon-Law, we aim to discuss the definitions, rules, sentences, and penalties for such grievous crimes.
Child Pornography Laws in Illinois: Overview
Child Pornography Laws in Illinois aim to protect juveniles from sex crimes. The laws forbid the dissemination or creation of images showing or including an individual below 18 years engaged or participating in a sexual act or depicting unclothed body parts. These images could be in the form of photos, films, or videos of underaged children.
- it is illegal to knowingly and willingly possess material consisting of child pornography. It is also unlawful to engage in behaviors like viewing this material on devices like smartphones or computers and deleting it.
- The state also penalizes persons who allow the participation of a minor in child pornography or those who compel juveniles to engage in child pornography.
- Note that porn websites depicting categories with “Teens” do not consist of films featuring underaged children. Instead, the performers are individuals at a legal age of consent, generally 18+.
Aggravated Child Pornography Laws in Illinois
If the filming, advertisement, dissemination, and possession of child porn involves a minor aged below 13 years or shows behavior of sexual assault, Illinois law defines it under aggravated child pornography. State law considers these grievous crimes very seriously and involves harsh penalties.
If found guilty, the accused will go through rigid redemptive actions, such as extended terms of imprisonment and enormous fines. A defendant can protect oneself from these charges by understanding what the law considers illegal conduct and related consequences.
Child Pornography Laws in Illinois: Federal or State Offence?
Federal agencies can charge the person with a state or federal child pornography crime while conducting an inquiry against the accused for child pornography.
In some cases, when the accused person has no past criminal records, and the circumstances and facts are not that severe for a range of child pornography crimes, the agencies may transfer the case to the state’s law enforcement and let the state court handle it. However, the case can go to federal court depending on the nature of the crime.
Child Pornography Laws in Illinois: What are the Sentences & Penalties?
In the state court of Illinois, every case regarding child pornography is a felony. The state charges offenders or child pornography with class 1 felony, leading to a sentence of 4 to 15 years in prison.
However, the state court can also prosecute the offender charged with possessing child pornography with a class 3 felony, which is the least severe and carries a lesser term of imprisonment of 3 to 5 years.
Depending on the Felony, the state may increase the terms of imprisonment if the accused has a criminal history of past felony convictions. Along with this, the child pornography laws in Illinois charge the offenders with a fine starting from $1000 to $100000, based on the type and nature of crime done.
For the majority of cases for aggravated child pornography, the state laws demand the offender to get charged with a Class X felony. When a person gets penalized for a Class X felony, they may face a sentence of 6 to 30 years imprisonment. However, if the defendant is a repeat offender with a past criminal background, the state may aim for a higher sentence.
Sex offenders must get themselves registered annually for a period that lasts for around ten years. This period begins with the conviction date, provided the accused gets probation, or it includes the release date, provided the accused gets imprisoned for a considerable time.
The defendants involved in cases of child pornography face more severe penalties under the federal court. Many federal cases for child pornography face a sentence of 10 to 30 or more years imprisonment. It is why defendants need the best defense lawyers to deal with these cases.
Child Pornography Laws in Illinois: What are the Potential Defenses?
Maximum cases of child pornography comprise the internet, computers, and a service for emailing or messaging. Since computers are a complex device, most judicial and prosecutorial personnel may hire the assistance of a computer specialist. These specialists can prove helpful in perfecting the defense case for child pornography.
Now, while there are several defenses available for the case of child pornography, a few common ways are available for lawyers to use. However, you should note that every case is not the same and depends on various facts related to the trial. Some of the defense strategies include:
One effective strategy is to question the people’s age. And the said explicit material, which you may learn in numerous methods. For instance, there are times when the individuals presented in the image or video are models that appear very young. However, these professionals may have embarked on a career using their youthful looks while over 18.
1. Possession
Ownership is also a crucial issue to raise when defending the case of child pornography. Addressing the issue of ownership is particularly essential when the defendant may have seen the film or image consisting of child pornography on the computer but not downloaded or saved it. A computer specialist can be helpful in such cases to show the judge how the image may remain on the device even when not preserved or after deletion.
2. Improper Seizure or Search
Cases of child pornography often involve issues like improper seizure or search. If such a search happens without a probable reason or warrant, the prosecutor may be able to hide the evidence, leading to the dismissal of the case.
Conclusion:
The child pornography in Illinois, is the depiction of minors, usually below 18, with exposed bodies or engaging in sexual conduct in a photo or video. Production, possession, viewing, or distribution of such material is illegal under these laws and can lead to severe penalties like imprisonment, probation, and fines. If you get accused of these crimes, hiring a lawyer is essential for defense.
