By Christie Nicholson, J.D. | Legally reviewed by Christie Nicholson, J.D. | Last reviewed July 16, 2024
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Child pornography is one of the most severe crimes. Child pornography laws protect children from sex-related offenses. Illinois child pornography laws prohibit people from possessing, making, or distributing material containing sexual conduct between or with children under the age of 18.
If you're involved in a child pornography case, you should get to know the child pornography laws in Illinois. If the state is accusing you of disseminating or distributing child pornography, you'll face severe penalties.
Here, we'll give an overview of Illinois child pornography laws. We'll also briefly describe the penalties for child pornography crimes. Finally, we'll discuss the potential child pornography defenses. If you still have questions about your criminal case, contact a criminal defense lawyer near you.
Usually, it's evident if something qualifies as pornographic material. For example, if you learn that your friend or neighbor is reproducing pictures of children 5 years of age in a sexual context, you should report it immediately.
Other times, it may be unclear whether possessing a visual depiction of a teenager online qualifies as a criminal offense.
Under Illinois law, child pornography includes any of the following materials that depict minors engaging in sexual acts, such as masturbation, or displaying their sex organs:
You may face criminal charges if you possess, view, create, or disseminate content depicting minors engaged in the following:
Many of the child pornography cases today involve technology of some sort. For example, you can find thousands of images of young people engaged in sexual conduct on social media. There are also many cases involving sexting or soliciting young girls and boys to send pictures or videos of themselves in sexual positions.
According to the Illinois Criminal Code of 1961, section 11-20.1, it is against the law to possess, create, reproduce, or disseminate child pornography. If law enforcement catches you doing any of these things, they may charge you with a misdemeanor or felony. It depends on the victim's age and the nature of the crime.
Specifically, Illinois law prohibits the following acts:
If the pornographic materials depict children under 13, the state will escalate the charges to aggravated child pornography. The penalties for this charge, along with other child pornography charges, include mandatory minimum prison sentences and fines. The fines can range anywhere from $1,000 to $100,000.
Not only is it against the law to create, view, or distribute child porn, it's also against the law to allow, encourage, or force your minor children to participate in child pornography.
See Crimes Against Children to learn about related crimes.
As with any other criminal offense, there are defenses to the charge of child pornography. Your criminal defense lawyer must submit enough evidence to prove your defense is valid.
The following are defenses to the crime of child pornography in the State of Illinois:
The state has the burden of proving you committed the crime beyond a reasonable doubt. It's your attorney's job to raise enough doubt to convince the judge or jury you may not have committed the sex crime.
Illinois law categorizes most child pornography offenses as Class 1 felonies, which can result in a prison term of four to 15 years. The state may charge you with a Class 3 felony if it finds you in possession of child pornography. A Class 3 felony generally results in a lesser sentence than the punishment for a Class 1 felony.
The state may pursue a more severe sentence if the defendant's criminal history includes previous felony convictions. Also, child pornography convictions in Illinois carry fines between $1,000 and $100,000, depending on the facts of the case.
In Illinois, aggravated child pornography is a Class X felony. The punishment for a Class X felony is imprisonment for nine to 30 years, and the state can pursue a lengthier sentence for a habitual offender. People convicted of aggravated child pornography must also pay a fine of $2,000 to $100,000, depending on the circumstances of the crime.
People convicted of child pornography or aggravated child pornography must also register as sex offenders in Illinois for at least 10 years.
Illinois Criminal Code of 1961 section 11-20.1 (scroll down for section)
Note: State laws are constantly changing. Contact an Illinois criminal defense attorney or conduct legal research to verify the state law(s) you are researching.
If you're facing child pornography charges in Illinois, consult a skilled criminal defense lawyer in Illinois. The penalties associated with these charges are severe, and you'll want the best possible defense.
Contact a qualified attorney.
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