The rapid expansion of the Internet in recent years has seen a proliferation in child pornography. There has also been a massive expansion in child pornography offenses both at a state and a federal level to deal with offenders.
If you are charged with an offense of this nature, you could face a long sentence as well as seeing family members and friends desert you. However, prosecutions can be over zealous and flawed. It’s vital to hire an experienced Chicago child pornography defense lawyer who can provide vigorous representation.
Child pornography can include photos, video or other media of children under 18 involved in sexual acts.
Under Illinois law, a person can be charged with an offense if he or she portrays or depicts on a computer any child who he or she knows is under 18 or reasonably should know to be under that age. The offense also applies to people with severe or profound intellectual abilities.
It is a crime in Illinois to knowingly possess, produce, manufacture, or distribute films, photographs or any other material that is considered child pornography.
It’s also a crime to solicit, use, entice, induce or force a person under the age of 18 or a person who is severely or profoundly intellectually disabled to perform in child pornography.
Child pornography offenses are charged as felonies. The degree of seriousness depends on what act the defendant has engaged in.
The production or distribution of child pornography that’s not a film, video or moving image, such as a photograph may be charged as a Class 1 felony carrying a prison term of 4-15 years.
However, a video or other moving depiction may be charged as a Class X felony, the most serious category in Illinois.
This offense carries a possibility of up to 60 years’ imprisonment.
When children depicted in pornographic material are under the age of 13, a charge of production, dissemination or solicitation for child porn is a Class X felony whether or not it depicts moving images.
There is a lesser sentence for the possession of child pornography that is not film which is charged as a Class 3 felony, carrying a prison term of 2-5 years.
If moving images are involved, you will face a Class 2 felony for between 3-7 years behind bars.
Possession child pornography depicting kids under 13 is a Class 2 felony. However, if the accused has previous convictions for sex crimes, the charge is a Class 1 felony.
Child pornography felonies carry a possible fine of between $1,000 and $100,000.
Child pornography offenses can land you behind bars for a long time. In some cases, federal charges are brought, particularly if a ring is being investigated and offenses cross state lines. Federal crimes often involve even more severe sentences.
There are defenses to this crime such as if the defendant was mistaken about the age of a child and made a reasonable attempt to find out. Call Abdallah Law today at (312) 229-0008 for a free consultation and read about our past cases successes here.