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Child Pornography

  • Engaged in any act of sexual penetration, sexual contact, or sexual conduct involving the body of the child, including the sex organs of the child, or severely mentally retarded person, and the mouth, anus, or sex organs of another person or animal;
  • Engaged in any act of masturbation;
  • As being the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal;
  • Engaged in any act of excretion, or urination, within a sexual context.
  • Portrayed as bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in any sexual context;
  • Depicted or portrayed in any pose, posture, or setting involving a lewd exhibition of the unclothed or transparently clothed genitals, pubic area, buttocks, or, breast of the child or other person.

Further, it is unlawful for a person with the knowledge of the nature or contentof the item to reproduce, disseminate, offer to disseminate, exhibit or possesses with intent to disseminate any film, videotape, photograph or other similar visual reproduction or depiction by computer of any child or severely or profoundly mentally retarded person whom the person knows or reasonably should know to be under the age of 18 or to be a severely or profoundly mentally retarded person; or with knowledge of the subject matter or theme thereof, produces any stage play, live performance, film, videotape or other similar visual portrayal or depiction by computer which includes a child whom the person knows or reasonably should know to be under the age of 18 or a severely or profoundly mentally retarded person engaged in any activity described above.

It is also unlawful for a person to solicit, use, persuade, induce, entice, or coerce any child whom he knows or reasonably should know to be under the age of 18 or a severely or profoundly mentally retarded person to appear in any stage play, live presentation, film, videotape, photograph or other similar visual reproduction or depiction by computer in which the child or severely or profoundly mentally retarded person is or will be depicted, actually or by simulation, in any act, pose or setting described above.

Any person who is a parent, step-parent, legal guardian or other person having care or custody of a child whom the person knows or reasonably should know to be under the age of 18 or a severely or profoundly mentally retarded person and who knowingly permits, induces, promotes, or arranges for such child or severely or profoundly mentally retarded person to engage in any act or activity described above is also guilty of this offense.

It is unlawful for a person with knowledge of the nature or content thereof, to possesses any film, videotape, photograph or other similar visual reproduction or depiction by computer of any child or severely or profoundly mentally retarded person whom the person knows or reasonably should know to be under the age of 18 or to be a severely or profoundly mentally retarded person, engaged in any activity described above.

It shall be an affirmative defense to a charge of child pornography that the defendant reasonably believed, under all of the circumstances, that the child was 18 years of age or older or that the person was not a severely or profoundly mentally retarded person but only where, prior to the act or acts giving rise to a prosecution under this offense, he took some affirmative action or made a bonafide inquiry designed to ascertain whether the child was 18 years of age or older or that the person was not a severely or profoundly mentally retarded person and his reliance upon the information so obtained was clearly reasonable.

The charge of child pornography shall not apply to the performance of official duties by law enforcement or prosecuting officers or persons employed by law enforcement or prosecuting agencies, court personnel or attorneys, nor to bonafide treatment or professional education programs conducted by licensed physicians, psychologists or social workers.

Possession by the defendant of more than one of the same film, videotape or visual reproduction or depiction by computer in which child pornography is depicted shall raise a rebuttable presumption that the defendant possessed such materials with the intent to disseminate them.

The charge of child pornography does not apply to a person who does not voluntarily possess a film, videotape, or visual reproduction or depiction by computer in which child pornography is depicted. Possession is voluntary if the defendant knowingly procures or receives a film, videotape, or visual reproduction or depiction for a sufficient time to be able to terminate his or her possession.

Violations of Illinois Child Pornography Statute 720 ILCS 5/11-20.1 have a variety of penalties, frequently the violation is a Class 1 Felony punishable by 4 to 15 years in the State Penitentiary, with a mandatory minimum fine of $1,000 to $2,500 and a maximum fine of $100,000, but also can be charged as a non-probationable Class X felony.  In some cases, such as simple possession of child pornography, with no aggravating factors, the penalty is a Class 3 Felony punishable by 2 to 5 years in the penitentiary, with a mandatory minimum fine of $1000 and a maximum fine of $100,000.

If a person is convicted of a second or subsequent violation of Child Pornography within 10 years of a prior conviction, the court shall order a presentence psychiatric examination of the person.

Since Child Pornography is a very complex offense, if you have been charged, or are under investigation for a violation, you should contact an attorney immediately.