Child Pornography Possession Charges in Illinois

 Posted on May 21, 2024 in Sex Offenses

The state of Illinois takes accusations related to child pornography very seriously, whether they involve the possession, distribution, or production of it. It is against the law to have minors in images or videos of a sexually explicit nature, and if any are found in your possession, law enforcement authorities will treat this very seriously. The consequences of a child pornography conviction are quite severe since they go far beyond the actual sentence handed down with a charge. People accused of involvement with child pornography often suffer a marred reputation and other life-damaging negative consequences for years after. If you are facing child pornography charges, speak with a skilled Naperville, IL criminal defense attorney who can review your case and build an aggressive defense to protect your rights.

What is Legally Considered Child Pornography?

Anytime a child is recorded, drawn, or otherwise depicted engaging in sexual conduct, it is considered child pornography according to Illinois law. This is true whether it exists in a video, photograph, audio file, animation, or any other kind of visual or digital media. Whether the child is nude, in a suggestive pose, or engaged in sexual contact, the law applies across all such scenarios.

The minor’s age does not need to be clearly stated for something to be considered child pornography. Even if the person depicted is someone you know is under 18 or it would be reasonable to assume that you should know this, you can be charged.

How is Child Pornography Possession Charged?

There are various ways you might be charged if child pornography is found in your possession. These include:

• Class 3 felony: This is generally the charge when someone is found with photographs and still images of a minor engaged in sexual conduct. It carries a sentence of two to five years in prison
• Class 2 felony: This is a typical charge for someone found with a video or other moving image of child pornography, and it carries a sentence of three to seven years in prison.
• Class 1 felony: This charge can apply when the minor involved is younger than 13. This can carry a sentence of four to 15 years in prison.

Facing any type of child pornography charges can also mean fines between $1,000 and $100,000.

Consequences of Child Pornography Charges Beyond the Sentence

If you are convicted of possession of child pornography, it could affect you far beyond your prison sentence and fines. You will have a criminal record that has the potential to harm housing opportunities, acceptance to educational institutions, and future employment. You will be entered into the sex offender registration and will need to regularly report to the police and abide by residency restrictions. Additionally, this type of charge is taboo in society and could affect your personal relationships and mental health as well. That is why it is so important to make sure you have a reliable attorney who will aggressively defend you.

Schedule a Free Consultation with an Illinois Defense Lawyer

If you are facing possible charges of child pornography possession, you need to speak with a hard-working Naperville, IL criminal defense attorney who will fight hard for your rights. At the Law Office of Philip R. Nathe, we believe in building a strong defense for all our clients regardless of the charge. Call us at 630-416-7600 to schedule a free consultation.