How is child pornography defined in Illinois? Child pornography, under Illinois law, is any depiction, either by film, video, or photo, of an individual under 18 who is nude or engaged in a sex act or sexual conduct. It is illegal to produce and distribute child pornography. Crimes of this nature are taken very seriously, so it is essential that you have excellent criminal defense Will County. The criminal defense lawyers at the MacNeil Firm have extensive experience dealing with sex offenses. Call (708) 218-0947 today for a free consultation.
There are many other essential things to know about Illinois Law as it relates to child pornography. Being informed is important and The MacNeil Firm will ensure that you understand the ins and outs of your case, the possible defenses that we can utilize, and the penalties you are facing.
More about the question: How is child pornography defined in Illinois?
There are more factors that are considered when someone is arrested for child pornography charges. Because there is a lot of nuance to the law, it is important to have an attorney that has handled these types of cases. Our attorneys know how to navigate the complexities of the law and will provide excellent criminal defense Will County.
Here are some of the additional factors that are taken into consideration in Illinois.
- Production or Depiction: Using any visual medium or computer to portray a minor (<18) or person with a severe intellectual disability in:
- Sexual acts or simulations
- Lewd exhibitions or poses
- Acts of masturbation, touching, excretion, or bondage in sexual contexts
- Dissemination: Reproducing, sharing, or possessing visual media of minors (<18) or disabled individuals engaged in activities above.
- Production of Live Performances: Creating stage plays, performances, or films with minors (<18) or disabled individuals in such depictions.
- Recruitment or Coercion: Persuading or coercing minors (<18) or disabled individuals to participate in such depictions.
- Parent/Guardian Role: Allowing or facilitating such acts as a parent, guardian, or caregiver.
- Possession: Knowingly possessing visual media involving prohibited depictions.
- Facilitation: Soliciting or using others to provide minors (<18) or disabled individuals for such depictions.
Is Child Pornography A State Or Federal Crime?
Suppose a federal agency is investigating you for a child pornography crime. In that case, they will decide whether to charge you with federal or state child pornography charges. In some cases, if a federal agency investigates somebody who has never been arrested before and the facts and circumstances are mild on the child pornography spectrum, they’d turn that case over to state authorities and let the state charge them in state court.
But large-scale child pornography production and distribution will usually go to federal court. Keep in mind that this differs from legal pornography on sites, which is acceptable to watch as an adult. The MacNeil Firm has experience in state and federal court and will help you with your criminal defense Will County. We will make sure we scrutinize every aspect of your case and execute a defense that will elicit the best results for you.
What Are The Penalties For Possession And Distribution Of Child Pornography In Illinois?
In Illinois State Court, all child pornography cases are felonies. The least serious offense is a class 3 felony, which carries three to five years in prison. Still, most state child pornography cases are class 1 or class X non-probationable offenses.
In state court, very few child pornography charges are eligible for probation. All child pornography offenses would need lifetime sex offender registration upon conviction. Having this on your record can be very problematic for future career and housing situations and we are committed to making sure you get the best outcome with a strong criminal defense Will County, so you can have a future.
In federal court, the penalties for child pornography cases are much more severe. It is not uncommon for a federal child pornography case to have potential sentences of 10, 20, or 30 or more years in prison. Our child pornography lawyer will defend you to their best ability and has satisfied many clients with their best possible criminal defense Will County.
What Are Some Potential Defenses Used In Child Pornography Cases?
In the age of technology that we live in, most child pornography cases involve computers. They usually involve the Internet and some messaging or email program. Computers are complicated devices, so I generally have experts that help with the defense. The computer expert I have used on several occasions is an ex-federal agent. He’s proved practical and helpful in creating and perfecting defenses in child pornography cases.
Although there are many defenses of a child pornography case, there are a few that I have used more than others. But every case is different and would be determined based on the facts of that case. One strategy I’ve used that can be effective is calling into question the age of the individual and the photo or film, which we can learn in several ways. For example, sometimes the people portrayed in the film or photo are very young-looking models. These professionals have made a career based on their youthful appearance despite being over 18.
I have also raised the issue of possession, particularly when an image or video has been viewed on a computer but is not saved. Possession is an effective defense. But it requires our computer expert to explain to the judge or jury how an image can still exist on a computer even if someone didn’t save it or if they delete it.
Finally, illegal search and seizure issues often come up in child pornography cases. Our child sex offense lawyer has a strategy that might dismiss the case without any charges. If a search is conducted without a warrant or probable cause, we may be able to suppress the evidence. If the evidence is suppressed, the prosecutor may have to dismiss the case.
If you or someone you know has been arrested and charged for child pornography, you need a firm that has experience providing excellent criminal defense Will County. The MacNeil Firm is here for you. We will do everything possible to ensure that you get the best outcome and can have a future. Contact us today for a free consultation.
