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child pornography Law in Illinois

Pornography Laws in Illinois : An depth guide

Pornography Laws in Illinois

Pornography Laws in Illinois is viewed differently by different people as a result of there are both good and bad thing. People who accepted pornography are not to be worried about but the people who did not like the idea of pornography always say or do something harsh towards the people in the pornography without taking into consideration the fact that they are also human beings.

We know that pornography Laws are different in all countries. In almost all the Arab countries pornography is banned because they claim that it is against the Islamic laws and it affects the morality and security of the country and some people are against this also because they don’t understand the fact that how pornography affects the morality of the country .

In such ways people perceive it differently. Let’s take a look into the pornography Laws in Illinois.

Child Pornography Laws in Illinois

Here also the main laws regarding pornography are something which is related to child pornography. Because the main area of focus in Illinois is to protect the children at any cost. So the laws are stricter in case of child pornography.

The age bar for a person in case of child pornography is 18 years. That means if a child below the age of 18 is involved in sexually explicit content the it counts as child pornography. Any explicit image, video or film of a minor comes under child pornography. The Illinois law states that if a person has possession of child pornography knowingly then it is considered as illegal.

Not only possessing but also viewing of child pornography is also punishable. Even the distribution and sale of child pornography is unlawful.

There are cases where parents of the minor provide consent for their children to be engaged in sexually explicit content or if you compel a minor to engage in such activity that counts as  child pornography.

A child who is below 18 years should not be seen in adult videos but however people who are of legal age can depict someone who is below 18 years.

Already you can see that the child pornography law is very strict in Illinois and in addition to that if the child involved is less than 13 years then the there will be harsh penalties.

Let’s take a look into the punishments regarding child pornography :

  • • Class 1 felony is given to some of the child pornography offenders which is 4 to 15 years of imprisonment.
  • • Class 3 felony is the least severe which is a jail term of 3 to 5 years 
  • • Based on the severity of the committed crime the jail term will be fixed. The prison term increases if the accused has any past felony convictions. I addition to that he has to pay a fine which ranges from $1000 to $100000 which depends upon the depth of the crime
  • • If a minor who is younger than 13 years is involved in child pornography then the penalty given will be Class X felony. In class X felony the jaik term will be 6 to 30 years of imprisonment and in case of a repeated offender the sentence will further increase.

Apart from these punishments a person convicted of child pornography will have to register themselves with the sex offenders list for atleast 10 years. It is the worst nightmare for anyone because it is publicly accessible.

After that a person won’t be even able to lead a normal life because not one will offer him a job or give him a place to live. Today most of the pornography related cases happen in the digital world because of the advancements in technology.

Revenge Pornography Laws

Revenge porn is another issue which is increasing in Illinois. It is something which came up in the recent times with the advancements in technology and laws were not formed initially but now it has been taken care of. When intimate images are shared without the consent of the person in the image it is considered as revenge porn.

It falls under revenge porn only if the photo was taken with the consent of the person but it was posted without the consent of the person.

Usually this happens when two people who were in a relationship broke up and one of them shares the intimates images of the other publicly to seek revenge not only this even if a hacker publicly reveals a photo that is also revenge porn.

Even if the images are not that explicit but still depicts a sexual activity it comes under revenge porn. There are also strict actions taken against people who does this and along with that the details of the person in the image is jot shared as it will damage the life of the person. A person convicted of this crime will get class 4 felony which has 1 to 3 years of incarceration along with a fine of $25000.

Revenge porn counts a non consensual pornography because explicit or intimate image of a person is shown to the public without the consent of the person in the image. 

The pornography Laws in Illinois are very strict that once get convicted then your life will be like hell. Both child pornography and revenge porn are nasty activities because it destroys the life of the person and should not be encouraged.

Anyways if your got accidentally involved in a case find an experienced lawyer but you can keep in mind that you can never lie as you can never escape the law. 

Punishments:

Most offenses related to child pornography are classified as Class 1 felonies, carrying a penalty of 4 to 15 years in prison. In certain cases, the state prosecution may opt for a Class 3 felony charge for the possession of child pornography to secure a conviction.

Aggravated child pornography is typically treated as a more serious offense and is charged as a Class X felony. Conviction for a Class X felony can result in a prison term ranging from 6 to 30 years.

Considerations for Child Pornography:

In our digital age, where computers and the internet play a significant role, child pornography cases often involve evidence gathered from electronic devices like computers and mobiles, as well as various messaging services.

However, navigating computers can be challenging for many individuals, and unintentional access to illegal or underage websites can occur through pop-ups or hidden links. Images may even get saved in storage without the user intentionally viewing or attempting to access them.

Additionally, determining the age of individuals involved in explicit content poses a challenge. Some people or models may appear older than their actual age. Viewers of pornographic material may be under the false impression that the actors or actresses are over 18 years old when, in fact, they are underage.

Recent Examples and Court Cases:

Recently, 23-year-old Phillip Plechsmid faced arrest for the possession of child pornography videos on his computer. The police, during an investigation into illegal online child pornography, traced a suspicious IP address in Illinois connected to such activities. Upon obtaining a warrant, detectives searched Plechsmid’s home in May 2017, seized his laptop, and discovered incriminating videos. His bond was set at $50,000 by the court.

In a separate case, 23-year-old Belleville resident Michael Roussel was arrested in February on charges of possessing and distributing child pornography. The police found explicit material on his computer, suspecting it was produced during his time as a martial arts and fitness instructor working with children.

Investigations began after a suspicious post on Craigslist, leading to an undercover agent obtaining child pornographic material.

Possible Legal Defenses:

Defending against charges of child pornography can be challenging due to the stigma associated with such cases. One possible defense is claiming lack of knowledge about the existence of the material, especially if it was not actively sought out.

Another defense may involve questioning the age of the models, arguing that the defendant believed them to be legal based on their appearance. Actors and actresses in the adult industry often rely on youthful looks.

In cases involving relationships, a defense of bona fide inquiry may be considered. For instance, if someone inquires about the age of a person they meet online and receives inaccurate information, they can use this defense, arguing that they made a reasonable inquiry before entering a relationship.

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