Practice Areas ➤ Child Pornography Defense Lawyers
Child pornography is any image or images explicitly depicting anyone under the age of 18 in a sexual manner. A child pornography arrest can include simply possessing material depicting children commencing in sexual acts, or creating this material by filming or taking pictures. The major medium used to spread child pornography is over the internet. Child pornography convictions cannot be expunged.
Most people who are being investigated for child porn possession have been flagged by federal and state task forces after downloading sexually explicit material on their computers. This means that a person could be charged with possession or distribution of child pornography in either Illinois or Federal court. The penalties will differ depending on the nature of the violation, could include a possible life sentence in prison for the most serious offenders.
There are a few different actions that could constitute a child pornography charge according in Illinois. These include:
- Downloading child pornography videos
- Selling child pornography
- Producing child pornography (ex: filming, videotaping, photographing, etc.)
- Possession with intent to disseminate
- Soliciting or enticing a child to participate in pornography
- Being a legal guardian/parent of a child and either allowing or forcing their participation in pornography
Child pornography charges of any kind can only stand if the accused person knew or “reasonably should have known” that the person or persons being depicted were under the age of 18 (or were severely intellectually disabled and unable to give their consent). Charges will differ depending upon the type and nature of the child pornography offense. Penalties can range from a lower-level felony all the way to a Class X felony, with a mandatory minimum of 6 years in prison, if not many more.
Will I have to register as a sex offender?
Conviction of child pornography possession, disbursement or creation also means that the offender will have to register as a sex offender on both the state of Illinois sex offender registry and the national sex offender registry. Offenses related to child pornography require you to register on the sex offender registry for a period of 25 years with semiannual verification. This period of time will be increased if the child pornography offense involved violence.
Any child pornography crime arrest is a serious charge with serious consequences, and the longer you wait to hire a lawyer, the more difficult it will be to protect your rights and fight your case. Consult with Joshua Kutnick as soon as possible to begin defending yourself against these serious accusations. We have represented numerous people accused of crimes over the years, often with very successful results. Contact us today at 312-441-0211 and schedule a consultation. Let us protect you and your rights.