DuPage County Child Pornography Defense Attorney

Lawyers Defending Clients Charged with Child Pornography in Hinsdale and Westmont

The mere possession of child pornography is classified as a felony under both federal and state law. Yet the worldwide market for child pornography measures in the billions of dollars, and sexual content depicting minors is increasingly available on the internet. Electronic communication services are required to report violations of child pornography statutes discovered on their platforms, resulting in over 8 million reports in 2016 and over 10 million reports in 2017.

The attorneys at Kathryn L. Harry & Associates, P.C. understand that, with the vast quantities of erotic material being disseminated over the internet, it is possible for you or even your minor children to come into possession of prohibited materials inadvertently. You might even be accused of allowing your children to participate in pornographic productions, when in fact this may have occurred without your knowledge. Our attorneys have the experience necessary to mount an assertive defense for you. We will approach your case with the greatest sensitivity, understanding the severity of having any type of sexual offense on your public record.

Child Pornography Crimes in Illinois

The Illinois Child Pornography statute (720 ILCS 5/11-20) encompasses pornographic images, videos, digital media, and live performances that include a child under the age of 18 or a person of any age with a severe or profound intellectual disability such that they lack the capacity to give legal consent. Actions that can lead to criminal charges under this statute include:

• Possessing child pornography in hard copy or on any digital medium., including in your email, cloud storage, text messages, or social media accounts.
• Producing, advertising, distributing or sharing child pornography in any format, by any means.
• Soliciting, persuading, enticing, or coercing a child or intellectually disabled person to appear in pornography. This includes persuading a minor to pose for and share lewd photos in any format including via a messaging app or email.
• Soliciting, persuading, enticing, or coercing a person to provide a child or intellectually disabled person to appear in pornography.
• As a parent or guardian, knowingly allowing your minor or intellectually disabled child or ward to appear in pornography.

A person does not need to be over 18 to be charged with any of the above offenses. For example, a 16-year-old who persuades their underage girlfriend or boyfriend to text nude photos ("sexting"), or who uses their smartphone to record video of a sexual nature involving a minor, could be charged with a child pornography offense.

Some possible defenses against child pornography charges include:

• The accused made an effort to ascertain that the child was at least 18 years old or that the person did not have a severe or profound intellectual disability, and reasonably relied on the information received.
• The accused did not knowingly and voluntarily take possession of the prohibited material, and got rid of it as soon as they discovered it.
• Law enforcement procedures were flawed, such as the search for and seizure of evidence.

Penalties if Convicted of Child Pornography Crimes in Illinois

• It is a CLASS X FELONY to produce, advertise, disseminate, or solicit/provide participants for moving imagery, punishable by 6 to 30 years in prison and a maximum fine of $100,000.
• It is a CLASS 1 FELONY to produce, advertise, disseminate, or solicit/provide participants for still imagery, punishable by 4 to 15 years in prison and a maximum fine of $100,000.
• It is a CLASS 2 FELONY to possess moving imagery, punishable by 3 to 7 years in prison and a maximum fine of $100,000.
• It is a CLASS 3 FELONY to possess still imagery, punishable by 2 to 5 years in prison and a maximum fine of $100,000.

Penalties are raised if a child under the age of 13 is depicted or if the offender has a prior conviction for a sexual crime involving children.

Child Pornography Defense Lawyers in DuPage County

If you suspect you are being investigated for or may be charged with a violation of child pornography laws, you need to involve a skilled defense attorney at the earliest possible moment. The attorneys of Kathryn L. Harry & Associates, P.C. have decades of experience defending clients against criminal charges of a sensitive nature, including criminal sexual offenses. For a free consultation, contact our office at 630-472-9700. We provide legal counsel to clients in Addison, Downers Grove, Elmhurst, Hinsdale, Lombard, Oak Brook, Wheaton, and Westmont.