“Pornography Law in Illinois” – According to Illinois law, “child pornography” is any representation of a person under 18 who is naked or engaging in sexual activity in a film, video, or photo. The creation and distribution of child pornography are illegal. Additionally, it is unlawful to merely possess it. Activities such as viewing the photograph or video on a computer and erasing it are illegal. It’s crucial to note that while some websites offer categories titled “Teens,” these movies do not actually feature children. Rather, they feature mere older-looking individuals who are of legal consent age, typically 18 and up. Many of them include porn actors who are in their 20s but only appear to be in their 18s or 19s.
Pornography law in Illinois: Possession of Child Pornography Definition
720 ILCS 5/11-20.1 defines child pornography. It is, in essence, illegal to possess any materials depicting sexual conduct with minor children or people with severe mental problems. Photos, movies, and other visual representations of juvenile sexual behavior are prohibited under Illinois law.
However, Illinois has a significant prohibition on owning child pornography. The offender must be aware that they are in possession of child pornography. Or at least have a good reason to be aware of it. It is not necessarily a felony in Illinois if the offender is unaware that the pornographic images depict a minor under the age of 18 or a person with a serious mental handicap.
Pornography law in Illinois: Is child pornography a state or federal offense?
It depends on who launches the inquiry, whether a federal or state agency. If it is a federal agency, they will typically decide whether to file a federal or state child pornography complaint. When the conditions are on the milder end of the child pornography spectrum, they may occasionally hand over the investigation to state police. In turn, the state police will press charges in state court. However, massive production and distribution of child pornography often go before a federal court. Keep in mind that this is distinct from online legal pornography, which is acceptable to see if you’re over 18.
What are some potential counterarguments in cases of child pornography?
The majority of child pornography cases in today’s technologically advanced world involve computers, the Internet, and a messaging or email service. Computers are incredibly complex, so legal practitioners usually hire computer specialists to assist with the defense.
There are tactics you can successfully utilized against a charge of child pornography. Some of them include calling into doubt the age of the subject. Also question the subject of the photo or video. You can do this in a number of ways. For instance, models who appear to be very young professionals and have built a career around their youth despite being over 18 can be seen in movies or photos.
Additionally, there is the subject of ownership of the porn material. This is especially in cases where a picture or video has been seen on a computer but not saved. That is also a strong line of defense. For that kind of defense, you will require a computer expert. The expert will demonstrate to the judge or jury how an image might remain on a computer even after its deletion or not being saved.
Finally, cases involving child pornography typically involve questions of improper search and seizure as well.
Below are some FAQs about the pornography law in Illinois.
The following are FAQs concerning pornography law in Illinois:-
Who is a sexually violent individual?
A “sexually violent person” is someone who has committed a sexual offense, has been declared delinquent for a sexual offense, or has been found not guilty of a sexual offense due to insanity. This person is dangerous because they have a mental illness. The illness makes it highly likely that they will commit acts of sexual violence. Sexually violent individuals must register for natural life every 90 days.
How Does Having Child Pornography Affect You?
It is illegal in Illinois to possess any documents that feature child pornography, including pictures or videos.
Naturally, the phrase “possession” has a legal definition. The person charged with having child pornography must be aware of it or have a good reason to believe that they do.
It’s not illegal in the state if you are unaware that you have anything that sexually depicts a person under the age of 18 in your possession. The lynchpin of the offense and the basis for filing a state criminal complaint against someone is simple. It is having knowledge that the material in your possession sexually depicts a person under the age of 18.
Can a child sex offender cohabitate with kids?
There are no laws in Illinois that forbid a child sex offender from being with children unless they are at a park, a school, or another place that is only open to minors under the age of 18. You should get in touch with the Department of Children and Family Services if you want a more thorough examination of the welfare of a child living with an offender. The hotline number for the Department of Children and Family Services is 800-25-ABUSE.
The child sex offender shall notify the registration legal agency within three days of moving into a home with a kid under the age of 18 who is not his or her own child.
Who is a sexually hazardous individual?
All individuals who have a mental illness that persists for at least a year, are criminally susceptible to committing sex crimes, have a history of sexual assault or child molestation, or have shown a tendency toward such behavior are classified as sexually dangerous individuals. Every 90 days, those who are sexually dangerous must register to live naturally.