What Are the Consequences of Child Pornography Charges in Illinois?

 Posted on August 18, 2023 in Criminal Defense

Offenses related to child pornography are serious crimes that may involve the production, distribution, or possession of sexually explicit images or videos involving minors. In Illinois, child pornography charges are taken very seriously by law enforcement officials and prosecutors, and they carry severe consequences for people who are convicted of these offenses. If you or someone you know are facing child pornography charges in Illinois, it is crucial to understand the potential legal ramifications, and with the help of a criminal defense attorney, you can take steps to defend against these charges and avoid a sex crime conviction.

The Legal Definition of Child Pornography

Under Illinois law, child pornography is defined as any visual depiction that involves a minor engaging in sexual conduct. This includes photographs, videos, digital media, or any other types of visual media that depict sexual acts involving minors. The sexual acts depicted may include actual or simulated sexual intercourse, masturbation, fondling or lewd touching, sadomasochism, nudity, or suggestive poses and postures.

It is important to note that under Illinois law, a minor refers to anyone under the age of 18. If a person possesses images or videos that they knew or should have known depicted one or more minors, they may face child pornography charges.

Illinois Child Pornography Possession and Distribution Laws

In Illinois, it is illegal to possess or distribute any form of child pornography. Possessing even one image can lead to serious consequences, which may include imprisonment, fines, and registration as a sex offender. Offenses related to child pornography are typically charged as felonies. The specific charges may include:

• Possession of child pornography: If a person allegedly possessed photographs or other still images that are considered child pornography, they may be charged with a Class 3 felony, which can result in a prison sentence of two to five years. Possession of videos or other moving images that are considered child pornography is a Class 2 felony offense, which carries a prison sentence of three to seven years. If a person allegedly possessed child pornography depicting a child under the age of 13, they may be charged with a Class 1 felony, and they could be sentenced to four to 15 years in prison. Possession of child pornography also carries a mandatory minimum fine of $1,000 and a maximum fine of $100,000.

• Distributing child pornography: This offense may involve selling, transmitting, or disseminating child pornography to other parties. It may include sharing digital images or videos through email attachments, file-sharing networks, social media platforms, or cloud storage services, as well as any other actions in which illegal materials were distributed to others. Distribution of non-moving images of child pornography is usually charged as a Class 1 felony. Distribution of videos or moving images that are considered child pornography is a Class X felony, which may result in a sentence of six to 30 years in prison. Distribution of child pornography also carries a mandatory minimum fine of $1,000 and a maximum fine of $100,000.

• Creating or producing child pornography: Photographing or filming a child engaging in sexual conduct, enticing or coercing a child to create child pornography, or otherwise being involved in the creation of pornographic materials depicting minors will typically result in Class 1 felony charges in cases involving still images and Class X felony charges in cases involving videos. These offenses also carry a mandatory minimum fine of $2,000 and a maximum fine of $100,000.

Additional Consequences of Child Pornography Charges

The consequences of being convicted on child pornography charges in Illinois are severe, and they can have long-lasting effects on every aspect of a person’s life. In addition to a prison sentence and fines, a person may face consequences such as:

• Criminal record: A conviction for child pornography will result in a permanent criminal record. This can affect future employment prospects, housing opportunities, and educational pursuits.

• Sex offender registration: Individuals convicted of child pornography offenses must register as sex offenders for the rest of their lives. Sex offender registration requires regular reporting to law enforcement agencies and strict adherence to residency restrictions.

• Loss of personal relationships: Being charged with such a serious crime can strain relationships with family members, friends, and colleagues. The stigma associated with these charges often leads to isolation and loss of support from loved ones.

• Limited employment opportunities: Having a criminal record related to child pornography makes it extremely difficult to find employment. Many employers conduct background checks on applicants, and those who have sex crime convictions on their records are much less likely to be hired.

• Mental health impact: The stress and emotional toll associated with facing criminal charges can lead to mental health issues such as anxiety, depression, and even suicidal thoughts. It is crucial for anyone who is experiencing these issues to seek professional help.

Contact Our Naperville, IL Child Pornography Charges Attorney

If you have been accused of possessing child pornography, it is crucial to seek legal representation from an experienced DuPage County sex crimes defense lawyer. At Law Office of Philip R. Nathe, we understand the seriousness of these charges, and we are dedicated to protecting our clients' rights throughout the legal process. We offer free consultations where we can discuss the details of your case and provide guidance on how best to proceed. Contact us today at 630-416-7600 to learn more about how we can help you defend against these types of charges.